STATE OF FLORIDA EXECUTIVE OFFICE OF THE GOVENOR

EXECUTIVE ORDER NUMBER 15-226

WHEREAS, by Executive Order Number 13-94, David McLean was suspended from his public

office as a member of the City Commission ofthe City of Margate, Florida; and

WHEREAS, the suspension ordered by Executive Order Number 13-94 was predicated upon

Bribery in Programs Receiving Federal Funds, a felony, in violation of 1 8 United States Code section

666(a)(l)(B) & (a)(2); and

WHEREAS, On October 30, 2015, David McLean, through counsel, contacted the Executive

Office of the Governor with information that the United States Court of Appeals for the Eleventh Circuit

issued an opinion on, September 24, 2014, affirming the District Court's order acquitting David McLean

of the federal charges supporting his suspension; and

WHEREAS, section 112.51(6), Florida Statutes, provides that "[i]f the municipal official is

acquitted . . . of the charges which were the basis of the arrest, indictment, or information by reason of which

he or she was suspended under the provisions of this section, then the Governor shall forthwith revoke the

suspension and restore such municipal official to office"; and

WHEREAS, On October 28, 2015, the State Attorney for the Seventeenth Judicial Circuit of

Florida charged David McLean by information with :

Bribery, in violation of Florida Statute Section 838.015(1) and (3), Unlawful Compensation in

violation of Florida Statute Section 83 8.0 16( 1 ), (2), and ( 4), a second count of Unlawful Compensation, in

violation ofFiorida Statute Section 838.016(1), (2), and (4), Official Misconduct, in violation ofFJorida

Statute Section 838.022(1 )(a), (2), and ( 4), a second count of Official Misconduct, in violation of Florida

Statute Section 83 8.022( 1 )(c), (2), and ( 4 ), a third count of Official Misconduct, in violation of Florida

Statute Section 838.022(1)(c), (2), and (4), Grand Theft, in violation of Florida Statute Section

812.014(I)(a)-(b) and (2)(c)(3); and

WHEREAS, the violations charged in the information are all felonies under the laws of the State

of Florida; and

WHEREAS, section 112.51 (2), Florida Statutes, provides that the Governor may suspend from

office any elected municipal officer who is informed against for the commission of a felony; and

WHEREAS, it is in the best interests of the residents of the City of Margate, and the citizens of

the State ofFiorida, that David McLean not return to his duties as a member of the City Commission of the

City of Margate, Florida, upon the grounds set forth in this executive order.

NOW, THEREFORE, I, RICK SCOTT, Governor of Florida, pursuant to section 112.51 , Florida

Statutes, find as follows:

A. David McLean was at all times material a member of City Commission of the City of

Margate, Florida.

B. The office of City Commission of the City of Margate, Florida, is within the purview of

the suspension powers of the Governor, pursuant to section 112.51, Florida Statutes.

C. The attached information, which is incorporated as if fully set forth in this Executive Order,

alleges that David McLean committed multiple felonies under the Jaws of the State of Florida. This

suspension is predicated upon the attached information.

BEING FULLY ADVISED in the premises, and in accordance with the Constitution and the laws

of the State of Florida, this Executive Order is issued, effective today:

Section 1. Executive Order 13-94 is hereby revoked.

Section 2 . Based upon the attached information, David McLean is suspended from the public

office, to wit: member of the City Commission of the City of Margate.

Section 3. David McLean is prohibited from performing any official act, duty, or function of

public office; from receiving any pay or allowance; and from being entitled to any of the emoluments or

privileges of public office during the period of this suspension, which period shall be from today, until a

further Executive Order is issued, or as otherwise provided by law.

IN TESTIMONY WHEREOF, I have hereunto set my hand and have caused the Great Seal of the State of Florida to be affixed at Tallahassee, this 12th day ofNovember, 2015.

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IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CffiCUIT IN AND FOR BROWARD COUNTY, STATE OF FLORIDA

STATE OF FLORIDA, INFORMATION FOR: Plaintiff,

I. BRIBERY 2F L 7 vs. II-ill. UNLAWFUL COMPENSATION 2F L 7

IV-VI. OFFICIAL MISCONDUCT 3F L4 DAVID MCLEAN, VII. GRAND THEFf 3F L3

Defendant.

IN THE NAME AND BY THE AUTHORITY OF THE STATE OF FLORIDA:

COUNT I BRIBERY

MICHAEL J. SATZ, State Attorney for the Seventeenth Judicial Circuit of Fl01ida, as

Prosecuting Attorney for the State of Florida, in the County of Broward, by and through his

undersigned Assistant State Attorney, charges that beginning on or about May 1, 2011, and

continuing through January 30, 2013, in the County and State aforesaid, the Defendant DAVID

MCLEAN, while a Public Servant, to wit: a member of the Margate City Commission or the

Margate Community Redevelopment Agency or both, did corruptly request, solicit, accept, or agree

to accept for himself or another, or give offer or prorrilse to any public servant, any pecuniary or

other benefit not authorized by law, to wit: $5,000 U.S. currency received from Lutchman "Kris"

Singh, with an intent or purpose to influence the performance of any act or omission which Lutchman

"Kris" Singh believes to be, or DAVID MCLEAN represented as having been, either within his

official discretion, in violation of a public duty or in petformance of a public duty, to wit: the award

of a MCRA grant to Lutchman "Kris" Singh, contrary to Florida Statutes Section 838.015(1), and

(3), (L7) and

COUNTU UNLAWFUL COMPENSATION

MICHAEL J. SATZ, State Attorney for the Seventeenth Judicial Circuit of Florida as

Prosecuting Attorney for the State of Florida, in the County of Broward, by and through his

undersigned Assistant State Attorney, charges that on or about November 2, 2012, in .the County and

State aforesaid, the Defendant DAVID MCLEAN, while a Public Servant, to wit: a member of the

Margate City Commission or the Margate Community Redevelopment Agency ("MCRA") or bo~,

did corruptly request, solicit, accept, or agree to accept, or corruptly give, offer or promise, a

pecuniary or other benefit not authorized by law, to wit: $3,000 U.S. currency received from

Lutchman "Kris" Singh, for the past, present, or future exertion of any influence upon or with any

other public servant, and/or the past, present or future performance, non-performance, or violation

of any act or omission, which a person believes to have been, or which is represented to him or her

as having been, or the Defendant DAVID MCLEAN represents as having been, either within the

official discretion of the Defendant DAVID_ MCLEAN, in violation of a public duty or in

performance of a public duty, to wit: the award of a MCRA grant to Lutchman ''Kris" Singh,

contrary to Florida Statute Section 838.016 (1), and (2)and (4), (L7) and

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COUNT III

UNLAWFUL COMPENSATION

MICHAEL J. SATZ, State Attorney for the Seventeenth Judicial Circuit of Florida as

Prosecuting Attorney for the State of Florida, in the County of Broward, by and through his

undersigned Assistant State Attorney, charges that on or about January 30, 2013, in the County and

State aforesaid, the Defendant DAVID MCLEAN, while a Public Servant, to wit: a member of the

Margate City Commission or the Margate Community Redevelopment Agency or both, did corruptly

request, solicit, accept, or agree to accept, or corruptly give, offer or promise, a pecuniary or other

benefit not authorized by law, to wit: $2,000 U.S. cun·ency received from Lutchman "Kris" Singh,

for the past, present, or future exertion of any influence upon or with any other public servant, and/or

the past, present or future performance, non-performance, or violation of any act or omission, which

a person believes to have been, or which is represented to him or her as having been, or the Defendant

DAVID MCLEAN represents as having been, either within the official discretion of the Defendant

DAVID MCLEAN, I

in violation of a public duty or in performance of a public duty, to wit: the

award of a MCRA grant to Lutchman "Kris" Singh, contrary to Florida Statute Section 838.016 (1 ),

(2), and (4), (L7) and

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COUNT IV

OFFICIAL MISCONDUCT

MICHAEL J. SATZ, State Attorney for the Seventeenth Judicial Circuit of Florida as

Prosecuting Attorney for the State of Florida, in the County of Broward, by and through hls

undersigned Assistant State Attorney, charges that on or about October 30, 2012 through November

12, 2012, in the County and State aforesaid, the Defendant DAVID MCLEAN, while a Public

Servant, to wit: a member of the Margate City Commission or the Margate Community

Redevelopment Agency or both, with a corrupt intent to obtain a benefit for himself or another or to

cause unlawful harm to another, did falsify or cause another to falsify an official record or document,

to wit: the grant application to the MCRA approved on November 1, 2012, contrary to Florida Statute

Section 838.022(l)(a),(2), and (3), (L 4) and

COUNTY

OFFICIAL MISCONDUCT

MICHAEL J. SATZ, State Attorney for the Seventeenth Judicial Circuit of Florida as

Prosecuting Attorne~ for the State of Florida, in the County of Broward, by and through his

undersigned Assistant State Attorney, charges that on or about or between November 1, 2012, and

continuing thru November 7, 2012, in the County and State aforesaid, the Defendant DAVID

MCLEAN, while a Public Servant, to wit: a member of the Margate Chy Commission or the

Margate Community Redevelopment Agency ("MCRA") or both, with a corrupt intent. to obtain a

benefit for himself or another or to cause unlawful harm to another, did knowingly obstruct, delay,

or prevent the communication of information relating to the commission of a felony that directly

involves or affects the public agency or public entity served by the public servant, to wit: by

intentionally faiHng to vote on Item 3 (Res 390), and by intentionally failing to file a truthful voting

conflict disclosure form (Form 8B) acknowledging that he helped Lutchman "Kris" Singh file a

fraudulent application with the MCRA, and by intentionally failing to disclose that be, DAVID

MCLEAN, had received and would receive money for his help, contrary to Florida Statute Section

838.022(l)(c), (2), and (3), (L 4) and

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I I • I I

COUNT VI

OFFICIAL MISCONDUCT

MICHAEL J. SATZ, State Attorn~y for the Seventeenth Juclicial Circuit of Florida as

Prosecuting Attorney for the State of Florida, in the County of Broward, by and through his

undersigned Assistant State Attorney, charges that on or about November 7, 2012, in the County and

State aforesaid, the Defendant DAVID MCLEAN, while a Public Servant, to wit: a member of the

Margate City Commission or the Margate Community Redevelopment Agency or both, with a

corrupt intent to obtain a benefit for himself or another or to cause unlawful harm to another, clid

knowingly falsify or cause another to falsify an official record or document, to wit: Form 8B

Memorandum of Voting Conflict for County, Municipal and other local Public Officers signed by

DAVID MCLEAN and dated November 7, 2012, , contrary to Florida Statute Section

838.022(1)(a),(2), and (3), (L 4) and,

COUNT VII

GRAND THEFT

MICHAEL J. SATZ, State Attorney for the Seventeenth Judicial Circuit of Florida as

Prosecuting Attorney for the State of Florida, in the County of Broward, by and through his

undersigned Assistant State Attorney, charges that on or about or between May 1, 2011, and January

30, 2013, in the County and State aforesaid, the Defendant DAVID MCLEAN, did then and there

unlawfully and knowingly obtain or endeavor to obtain the property of the MCRA, to wit: U.S.

Currency, of the value of $10,000.00 or more, but less than $20,000.00, with the intent to either

temporarily or permanently deprive the Margate Community Redevelopment Agency of the right to

the property or a benefit from the property, or to appropriate the property to his own use or the use

of any person not entitled to the use of the property, contrary to Florida Statute Section

812.014(l)(a)-(b), and (2)(c)3, (L4), and

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STATE OF FLORIDA vs. DAVID MCLEAN INFORMATION

IDENTIFYING DATA W/M, 11/07/62,264-73-2666

COUNTY OF BROW ARD STATE OF FLORIDA

Personally appeared before me Timothy Donnelly duly appointed as an Assistant State Attorney of the 17th Judicial Circuit of Florida by MICHAEL J. SATZ, State Attorney of said Circuit and Prosecuting Attorney for the State of Florida in the County ofBroward, who being first duly sworn, certifies and says that testimony has been received under oath from the material witness or witnesses for the offense(s), and the allegations as set forth in the foregoing Information would constitute the offense(s) charged, and that this prosecution is instituted in good faith.

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///-4 ,7.-;.: {,.,/ Assistant Sta of Florida

SWORN TO AND SUBSCRIBED before me this 281h day of October, A.D., 2015.

HOWARD C. FORMAN Clerk of the Circuit Court, 17th Judicial Circuit, B ard County, Florida

To the within Information, Defendant pleaded _ _ _____ _ _____,..._.,

HOWARD C. FORMAN Clerk of the Circuit Court, 17th Judicial Circuit, Broward County, Florida

By ______ ____________ __

Deputy Clerk

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