McCarty Cleared Of Political Misdeeds

Florida Insurance Commissioner Kevin McCarty misused his state e-mail to forward a political message, but he did not pressure insurers to contribute to a candidate he supported, an investigation has concluded.

The finding by the State Office of the Chief Inspector General, which concluded Mr. McCarty had done nothing criminal, ends a probe that began April 25 over an incident that led to the resignation of Mr. McCarty's communications director, Robert Lotane.

As a result of CIG report recommendations, the Office of Insurance Regulation said on Aug. 16 it revised the OIR Code of Ethics “to further restrict any political or charitable activity on government premises, using government resources, or acting in the capacity of a state official in a political or charitable event.”

Mr. Lotane resigned after allegations surfaced that he had used state equipment to prepare invitations for a fundraiser for his wife, who was running unopposed in a nonpartisan election for circuit court judge.

The invitations to the exclusive Governors Club in Tallahassee read in part, “*Save the Date* Commissioner Kevin McCarty cordially invites you to honor Chief Assistant State Attorney Robin Lotane at a reception benefiting ROBIN LOTANE FOR CIRCUIT JUDGE” and “Maximum Contribution $500.”

According to the CIG's report, Mr. McCarty had left a telephone message for Southern Oak Insurance President Tony Loughman inviting him to the event and received an e-mail in response that Mr. Loughman would not attend but would “look into providing her [Ms. Lotane] our support.”

Mr. McCarty, the report said, forwarded the e-mail to Mr. Lotane without comment.

When a newspaper report of the fundraiser surfaced, Mr. McCarty, a Republican, in addition to accepting Mr. Lotane's resignation, wrote his Democratic boss, Chief Financial Officer Alex Sink, a letter of apology saying he had not seen his involvement in the Lotane campaign as a problem “as it concerned a nonpartisan race, involving a longstanding personal friend running unopposed.”

In response to the CIG report, which was released last week, Mr. McCarty's office issued a statement saying it was pleased the investigation concluded it “did not uncover any wrongdoing that was not disclosed in Commissioner McCarty's admission and apology to the Florida Cabinet.”

The statement noted the investigation included interviews of 22 office employees, two DFS [Department of Financial Services] employees and five private sector insurance professionals as well as the examination of all computer records for Commissioner McCarty and former Communications Director Bob Lotane.