A complaint alleging former Alachua City Commissioner Ben Boukari violated state law when his brother was appointed as the city manager has been dismissed by the Florida Commission on Ethics.

The ethics commission found that pursuing the complaint would serve no purpose since Boukari announced before the City Commission’s vote that he would resign if the board promoted Adam Boukari from assistant city manager to the top job. Boukari abstained from voting on the matter and resigned the next week.

The complaint was filed by Tamara Robbins, a longtime Alachua city watchdog. The complaint cites a Florida Statute that a public official cannot appoint, employ or promote a relative.

Robbins’ complaint included a state attorney general’s opinion that the statute cannot be bypassed by abstaining. That opinion stems from a case regarding a hiring for a city position in McIntosh.

“A municipal governing body is prohibited by s. 116.111, F. S., from employing the wife of one of the members of that body as municipal clerk,” the opinion states. “The prohibition cannot be avoided by the abstention of the related member of the governing body from voting on the employment of his wife.”

Finally, Robbins alleged Boukari improperly filled out a form regarding his abstention from voting.

The ethics commission found possible violations but chose to dismiss the case.

“Considering that (Boukari) advised the Commission of his conflict of interest prior to the vote, conveyed his intent to resign prior to the vote, abstained from the vote, filed a Form 8B, and then resigned at the next Commission meeting, we do not find the public interest would be served by proceeding further,” the dismissal reads.

The action was taken in a closed session of the ethics commission in June and made public Wednesday.

Boukari in 2017 pleaded no contest to DUI in an Alachua County case. He was arrested in Columbia County in April on multiple charges, including DUI. That case remains open. He couldn't be reached quickly for comment Wednesday afternoon.