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Home My WebLink AboutItem D08 D8 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor James K.Scholl,District 3 The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2 Craig Cates,District 1 David Rice,District 4 Holly Merrill Raschein,District 5 Board of County Commissioners Meeting February 19, 2025 Agenda Item Number: D8 2023-3649 BULK ITEM: Yes DEPARTMENT: Tourist Development Council TIME APPROXIMATE: STAFF CONTACT: Ammie Machan 305-296-1552 N/A AGENDA ITEM WORDING: Approval of waiver of standard of conduct provisions of F.S. 112.313 (3) and (7), as allowed under F.S. 112.313 (12) for advisory board members appointed by the Board of County Commissioners (BOCC). The waiver is for Tourist Development Council Member(TDC) member Rachael Oropeza. ITEM BACKGROUND: In accordance with F.S. 112.313(12), as the appointing body, the BOCC may waive potential conflicts under F.S. 112.313(3) and(7) for advisory board members. The Florida Commission on Ethics has created Form 4A- Disclosure of Business Transaction, Relationship or Interest, which is completed and attached and is allowed to be approved by the BOCC. Form 4A only needs to be completed once for the disclosing business transaction, relationship or interest. The advisory board member currently abstain from voting on such matters and will continue to abstain from voting on such matters even with waivers granted by the BOCC. A waiver for TDC advisory board member Rachael Oropeza, who is employed by The College of the Florida Keys, is requested. The College of the Florida Keys is periodically awarded TDC funding for capital projects and enters into grants agreements with the County for capital projects. PREVIOUS RELEVANT BOCC ACTION: Rachael Oropeza was appointed by the BOCC on December 11, 2024. 1958 INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: TDC Conflict of Interest Form for Vote (signed) 2 3 25 Oropeza.pdf FINANCIAL IMPACT: None 1959 FORM 4A DISCLOSURE OF BUSINESS TRANSACTION, RELATIONSHIP OR INTEREST LAST NAME-FIRST NAME-M€DOLE_.INITIAL ❑FFICE 1 POSITION HELD Oropezai Rachel X Member - Elected OfFical MAILING ADDRESS AGENCY ORADViSORY BOARD 5901 College Road Monroe County Tourist Development Council CITY ZIP COUNTY ADDRESS OF AGENCY Key West 33040 Monroe 1201 White St. Suite 102 Key.West FL 3304 HOW TO COMPLETE AND .FILE THIS FORM. Parts A and B of this farm serve two different purposes: Part A is for advisory board members who wish to use an exemption in the ethics laws.that is applicable only to advisory Board members. Part B is for public officers.and.employees who wish to use a sepa- rate exemption that is applicable when the.business entity involved is the sole source of supply-within the political subdivision.. In order to complete and file this form:. • F111.nut Part A or Part B,as applicable.. ■ Sign and date the form on the reverse side. 0 File Part A with the appointing Body or person that will be waiving the restrictions of 112.313[3)or[7), Fla:Stat., prior to the waiver. m File Part B.with the governing body of the political'subdivision in which the:reporting.person is.serving, prior to the transaction. PART A DISCLOSURE OF TRANSACTION OR RELATIONSHIP CONCERNING ADVISORY BOAR]MEMBER WHO MUST COMPLETE THIS PART: Sections 1.12.313(3)and 112.313(.7); Florida Statutes,prohibit certain business relationships.on the part of public officers and employees, including persons.serving on.advisory boards. 'See Part III, Chapter 1.12,.Florida Statutes., andlor the brochure entitled"A Guide to the.Sunshine Amendment and Code of Ethics for Public Officers.and Employees"for more. details.on these prohibitions. However,.Section 1.12.31.3(12), Florida Statutes, permits the appointing officiai.or body to waive these requirements in a.pariicular instance provided: (a)walver.by the appointing body must be upon a two-third$ affirmative vote of that body;or(b)waiver by the appointing person.must be effected after a public.hearing; and [c)in.either case the advisory hoard member must fully disclose the transaction or relationship which would:.otherwise be:prohibited.by Subsections(3)of(7)of Section 112:313, Florida:Statutes; This Part Of Form 4A.h0s been prescribed by the Commission on Ethics for such disclosure,if and when.applicable .to an.advisory board member. PLEASE-COMPLETE THE FOLLOWING':. 1. The partnership,directorship,proprietorship,ownership of a material 'interest,.position:of officer,employment,or contractual relationship which Would otherwise violate Subsection.(3)or(7)of Section 112.313, Florida Statutes, is held by[please Check applicable space(s.)]: ( } the reporting person; The.spouse.of the reporting person,.whose name,is ;or { } A.child of the reporting person;whose name is . 2. The particular transaction or relationship.for.which this waiver is sought involves[check applicable space]: {.X Supplying the fallowing realty,goods, andlor services: Grant Agreement for Capital Projects [ ) Regulation of the business.entity by the governmental agency.served by the advisory board member. 3.. The following business.entity is doing business'with or regulated by.the governmental agency: The College of the Florida Keys 4.. The relationship of the undersigned.advisary board member,or..spouse orch1ld of'the advisory board member,to the busi- ness entity transacting this.business is[check applicable spaces]: [ ).Officer;.( )P..artner;.(. )Associate; ( )Sale p prietor; [ )stockholder;"[ }Director;{. }owner of in excess of.5°Io of the.assets of capital stock in such business.entity;.{ :.) Employee; { ) Contractual relationship with the.business entity; { .}Other; please describe:. CE FORM 4A-REV.1.98 [CONTINUED ON REVERSE SIDE] 1960 PART 13 -DISCLOSURE OF INTEREST 1N SoLE SOURCE OF SUPPLY WHO MUST COMPLETE THIS PART: Sections 112.313(3)and 112.313(7), Florida Statutes, prohibit certain.employment and business relationships:.on the part of pub- lic.officers and employees, See Part lll,.Chapter 112,Florida Statutes,and/or the brochure entitled"A.Guide to the Sunshine Amendment and Code of Ethics for Public Officers and Employees"for more details on.these.prohibitions: Howeveri Section 112.313{12}{e},Florida:Statutes,.provides an exemption from the above-mentioned restrictions in the.event that the business entity involved is the only source of supply within the political subdivision of the officer or.employee. In such cases.the officer's or employee's interest in the:business.entity must be fully disclosed to the governing bodyof'the political subdivision. This Part of Form 4A has been prescribed by the Commission on Ethics for such disclosure;.If and.when applicable. PLEASE.COMPLETE THE FOLLOWING: 1. The partnership,directorship, proprietorship,ownership of a.material interest,position of ofFider,employment,or contractual relationship which would otherwise violate Subsection (3)or(7)of Section 1.12.313, Florida Statutes, is held by[please check applicable spaces}]: { ]. The reporting person; { } The spouse of the reporting person,whose name is ;or { .} A child of the.reporting person,.-whose name is 2. The following are the goods;realty,or services being supplied.by a business entity with which.the:public.officer or employee, or spouse or child of such officer or employee, is involved.is: 3. The business entity which is the.oniy:source of supply of.the.goods,realty,.or services within the political subdivision is: (NAME.OF ENTITY) (ADDRESS.OF ENTITY) 4. The relationship of.the undersigned public .officer or employee;or spouse or:child of such officer or employee,to the-.busk tress:entity named in Item 3 above is[check applicable.spaces]: { j Officer;{ }Partner;( )Associate;.( )Sole proprietor;..( )Stockholder;( ).Director, ( )Owner of in excess of 5%of the assets or capital stock In such business entity; { }Employee; { .) Contractual relationship with the business entity; { }Other, please describe: SIGNATURE SIGNATURE DATE SIGNED DATE FILED NOTIC.E:. UNDER PROVISIONS:OF FLORIDA STATUTES s.112.317,A FAILURE.TO MAKE ANY.REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAYBE PUNISHED BY ONE OR MORE.OF THE FOLLOWING. IMPEACHMENT,REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT;.DEMOTiON, REDUCT[ON.IN SALARY REPRIMAND,OR A CIVIL PENALTY NOT TO EXCEED$10:000. CE FORM 4A.-REV.1.98 [CCNTINUED FROM FIRST Slat] 1961