Clerk/County Attorney MemoCLERK OF THE CIRCUIT COURT
MONROE COUNTY, FLORIDA
KEY WEST, FLORIDA
RECORDER
COLLECTOR OF DELINQUENT TAXES
COUNTY CLERK
COUNTY AUDITOR
M E M O R A N D U M
TO: Chairman Board of County Commissioners and Commissioners
FROM: Ralph W. White, Clerk
SUBJECT: Airport Manager, George Faraldo
Dear Mayor Pritchard and Commissioners:
During the recent post audit that is being conducted by members
of the Auditor General's Staff, it was discovered that Mr. Faraldo
entered into a contract with the Fidelity and Casualty Company
of New York on January 1, 1964 which calls for the monthly servicing
of the insurance machines at the Key West International Airport.
After discussion with the Auditor or Auditors and the County
Attorney it is felt that this type of contract is in direct
violation of Chapter 112.313 (1) (3) (7) of the Florida Statute,
which relates specifically to unauthorized compensation.
I am by separate memorandum referring this entire matter to the
County Attorney's otfice to determine whether or not restitution
on the part of Mr. Faraldo will be required.
In conversation with Mr. Faraldo he indicated to me that the
Board of County Commissioners had approved his accomplishing
this work and receiving private compensation. I can find no
record or any such formal action in the minutes of the Board of
County Commissioners nor has Mr. Faraldo produced any documen-
tation substantiating this position.
If you have any questions please do not hesitate to contact me.
Ve my yours,
1 '�W. White
Clerk of Circuit Court
RWW/vp .1
cc: Mr. Sawyer
cc: file
Nabih
CLERK OF THE CIRCUIT COURT
MONROE COUNTY, FLORIDA
KEY WEST, FLORIDA
RECORDER.
COLLECTOR OF DELINQUENT TAXES
0
M E M O R A N D U M
To: Paul Sawyer, County Attorney
From: Ralph W. White, Clerk
Subject: Airport Manager, George Faraldo
Dear Mr. Sawyer:
COUNTY CLERK
COUNTY AUDITOR
Enclosed you will find copies of the contract which Mr. Faraldo
signed as Airport Manager by which he has been receiving
compensation since 1964 for the performance of duties at the
Airport.
It is felt by the Legislative Auditors that this is a direct
_violation of Chapter 112.313 (7). I have notified the Board of
County Commissioners this date of the matter and my intent to
refer it to your office for determination as to whether or not
restitution is going to be required.
Please advise at the earliest date by written nnininn what rnnrce
of action should be taken in this matter. The Legislative Auditor
is going to want this information prior to completion of the
final audit.
W
ly yours,
W ite
Circuit Court
RWW/vp
cc: Mayor Pritchard and Commissioners
cc: file
10
Aonroe f ounig
P. 0. BOX 1680
KEY WEST, FLORIDA 33040
October 27, 1975
Chairman of the Board of County Commissioners
and County Commissioners
Monroe County Courthouse
Key West, Florida 33040
Gentlemen:
Pearb of
a.,ndu coa ieeivnrm
HARRY S. PRITCHARD
Mayor
JOHN W. PARKER
Mayor Pro Tom
PURIECTON HOWANITZ
JEROME V.SHIPLEY
MARTHA M. WEDEL
RALPH W. WHITE
Clerk To The Board
PAUL SAWYER
Legal Advisor
Reference is made to undated memorandum 4ddressed to the
Chairman Board of County Commissioners and Commissioners from
Ralph W. White, Clerk; Subject, Airport Manager, George Faraldo.
Upon receipt of said memorandum, I have investigated any violations
of Chapter 112.313 Florida Statutes and find as follows:
1. That in 1964, prior to the enactment of Chapter 112
Florida Statutes, that the Airport Manager entered into a contract
with the Fidelity and Casualty Company in New York on January,
1964, calling for the monthly servicing of the insurance machines
at the Key West International Airport. Mr. Faraldo advises me
that he serviced these machines on his off -duty time and only took
monies from the machines during his day -time employment with the
County and was acting for the County in order to insure that the
County received the proper amount of money due same under the
County's contract with said insurance company.
2. I further found out that in 1967 the method of report-
ing income from said machines was questioned by the State Auditors
and at that time they advised a different procedure in accounting
for the monies taken from said machines at which time the changes
in procedures for accounting for the money was changed and the
Auditors made no comment in their 1967 Audit Report. That during
the year 1969, which was the last audit year that the State Auditors
audited the County's books, no mention was made of this matter. To
my knowledge, the Board was not aware of any contract that Mr. Faraldo
had with said company.
3. I can find no evidence of misappropriation of any
funds due the County and that the County did not lose any funds
as a result of any outside employment for servicing said machines
made by Mr. Faraldo.
4
t
Chairman of the Board of County Commissioners
and County Commissioners
October 27, 1975
Page 2
4. Upon receipt of the memorandum hereinabove referred to,
I informed the Airport Manager to cease servicing said machines, and
he immediately cancelled his contract for servicing the machines
during his off -time and the machines are now being serviced by some-
one employed by the insurance company, and Mr. Faraldo will only be
present with the machines are unlocked to take any monies out and
see that the County receives its correct share of same.
5. I also find that it was the intent of the Legislature
in passing Chapter 112 Florida Statutes not to prevent any employee
from accepting other employment which does not interfere with the
faithful discharge of his duties to the County. This intent is carried
over in the changes made by Florida State Legislature to said Chapter
112 during the year 1974 and in Chapter 75-208 Laws of Florida 1975
which again amended said Chapter 112 and in which the intention was
stated as follows:
"112.316 Construction. --It is not the intent of this
part, nor shall it be construed, to prevent any
officer or employee of a state agency or county, city,
or other political subdivision of the state or any
legislator or legislative employee from accepting
other employment or following any pursuit which does
not interfere with the full and faithful discharge
by such officer, employee, legislator, or legislative
employee of his duties to the state or the county,
city, or other political subdivision of the state
involved."
"75-208 CONFLICTING EMPLOYMENT OR CONTRACTUAL
RELATIONSHIP. --...nor shall an officer or employee
of an agency have or hold any employment or con-
tractual relationship that will create a continuing
or frequently recurring conflict between his private
interests and the performance of his public duties
or that would impede the full and faithful discharge
of his public duties..."
While there may have been a technical violation of the
statutes, I do not feel that there was any intention or criminal
intent in Mr. Faraldo's activities.
Chairman of the Board of County Commissioners
and County Commissioners
October 27, 1975
Page 3
Inasmuch as this matter has been brought to the attention
of the Board and has been rectified, and the County has not lost
any monies in this matter, I recommend that the matter be closed.
Very truly yours,
�L Cv
PAUL E. SAWYER
Legal Advisor
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