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Politics

Ethics Commission Clears Fresen's Charter School Vote

October 27, 2011 - 6:00pm

State Rep. Erik Fresen, R-Miami, did enough in his personal disclosure letter that he didnt violate legislative voting conflict laws when he supported a charter school reform bill last spring, the state Commission on Ethics has ruled.

The commission, in a release Wednesday, noted that Fresen -- who is in the news lately for being the state sponsor of a House version of a bill to expand casino gaming in South Florida -- submitted letters of personal disclosure within 15 days after the vote as allowed by law. In his disclosure, Fresen stated that he didnt believe his brother-in-law stood to gain with his House Education Committee vote on a charter school reform effort, HB 7195.

Fresens brother in law, Fernando Zulueta, operates Academica Inc., a for-profit organization that manages charter schools.

The ruling rejected an advocates recommendation that Fresen didnt fully disclose that his vote could benefit his sister Magdalena, who also works at Academica.

Patricia Thompson, a Tallahassee resident who has children in the public school system, filed the complaint against Fresen on April 27, seven days after the vote on HB 7195.

Fresen filled out a disclosure form on April 29.

Pursuant to House Rule 3.2, I am disclosing that my brother-in-law, Fernando Zulueta, operates a charter school that may be affected by HB? 7195, Fresen wrote Ann Gilliam, Education Committee administrative assistant, and Bob Ward, clerk of the House.

I do not believe he would receive a special private gain or loss from this legislation as the law applies to all charter schools and school districts, but in abundance of caution, I am disclosing this conflict.

Fresen has not returned a call for comment.

Thompson could not be reached for comment.

The bill was to allow for-profit charter management companies listed as high performing a shortened trip through the regulatory process needed to open new schools.

Rep. Betty Reed, D-Tampa, abstained from the vote because her daughter worked at a charter school.

Fresens attorney Emmett Mitchell argued that Fresen completed his disclosure in a timely manner and that the bill only establishes criteria by which charter schools can earn the high performing status.

What is clear is that the bill creates no financial benefits for a charter school, and it certainly does not result in any financial benefits to Academica, a company that only manages charter schools, Mitchell wrote Phil Claypool, executive director of the Commission on Ethics, on Oct. 3.

Academica manages charter schools in five states, including 12 locations in Florida.

Reach Jim Turner at jturner@sunshinestatenews.com or at (850) 727-0859 or (772) 215-9889.

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