Resolution 126-1995
RESOLUTION NO. 126 - 1995
A RESOLUTION WAIVING A PROHIBITION
AGAINST CONFLICT OF INTEREST FOR JOHN
KOENIG, AS A MEMBER OF THE BOARD OF
DIRECTORS FOR THE MONROE COUNTY ART
AND HISTORICAL SOCIETY WHICH APPLIES FOR
AND RECEIVES FUNDING FROM THE MONROE
COUNTY TOURIST DEVELOPMENT COUNCIL.
WHEREAS, under Florida Statutes 112,313(3), a member of Tourist
Development Council's District I Advisory Committee, an advisory board, is
prohibited from doing business with one's agency except that the requirements of
Fla, Statute 112,313(12) may be waived by the body which appointed the person
to the advisory board upon a full disclosure of the transaction to the appointing
body (the Board of County Commissioners) prior to the waiver and an affirmative
vote by 2/3 vote of that body, and
WHEREAS, John Koenig has made full disclosure of his affiliation with the
Monroe County Art and Historical Society, and,
WHEREAS, the Board of County Commissioners wishes to waive a
prohibition against John Koenig's conflict pursuant to Florida Statute 112.313( 12),
now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
Section 1, As per Florida Statute 112,313(3) and Florida Statute
112,313(12), a waiver is hereby extended to John Koenig, a member of the
Monroe County Tourist Development Council's District I Advisory Committee,
who is doing business with the Monroe County Art and Historical Society, which
may be funded in part by the Monroe County Tourist Development Council,
provided he abstains from voting on any motion concerning funding of events,
capital projects and organization enumerated, as follows:
1, John Koenig is a member of the Board of Directors of the
Key West Art and Historical Society, ~ t" ~ ,""
2, The Key West Art and Historical Society applies for ~d} ~ r'T"}
may receive funding for various events and capital ptQIects ~ ~
through the Monroe County Tourist Development Co~i1. N C)
~ 5ii - 0\ :::1:;
Section 2, So as to conform to the voting requiremenklfflder F:!trida~
Statute 112,313(12), the following vote reflects the action of the .:6ommissF1ner€
as concerns this resolution: :> ~;g
Mayor Shirley Freeman
Commissioner Keith Douglass
Commissioner Wilhelmena Harvey
Commissioner Jack London
Commissioner Mary Kay Reich
yes
not present
yes
yes
yes
PASSED AND ADOPTED by vote of the Board of County Commissioners
of Monroe County, Florida, at a regular meeting of the Board held on the 18th
day of Apri 1 ,1995,
(SEAL)
Attest: Mr, Danny Kolhage, Clerk
BY:~~.4)
epu Cler
Approved as,to form and legal sufficiency by:
Date: 3/ ~/qS
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FORM 4A DISCLOSURE OF BUSINESS TRANSACTION, RELATIONSHIP, OR INTEREST
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MAIL. G A DRESS I I AGENCY /ADV}SOR Y BOARD . .
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CITY' / r-' ZIP C06N;.y ADD~S Of' AGENCY /
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PART A _ DISCLOSURE OF TRANSACTION OR RELATIONSHIP CONCERNING ADVISORY BOARD MEMBER
WHO MUST COMPL.ETE THIS PART
Sections 112.313(3) and 112,313( 7), Florida Statutes, prohibit certain business relationships on the part of public officers and employees, including person
servinc on advuory boardL. See Part Ill, Chapter 112. Florida Statul.el U1d/or the brochure entitled "A Guide to the Sunshine Amendment and Code 01 EthIC
for Public Officers. Candidal.es and Employees" for more det.ails on these prohibitions, However. Section 112.313(12), Florida Statutes (1979) permits th
appol.ntin& official or bodY to waive these requirements in G partIcular imtance provided: (a) waiver by the appointinll bod)' must be upon a two.third
attirmative vote of that body; or (b) waiver by the appointine penon must be etfected after a public hearine: and (c) in either cue the adviSOry board membe
must fully disclose the transaetion or relationship whlcb would otherwise be prohIbited by Sublections (3) or (7) of Section 112.313, Florida StatuteL. Thu Par
I of Form 4A has been prescribed by the Commission on Ethics for such diseloaure. if ond when applicable to an adv1aory board member,
I Please complete the followl.ne only 11 required to do 10 in l1eht of the above:
11, The partnership, directorshiP, proprietorship. ownership of a material intere.t. position of officer. employment, or contractual reiationship which woul
otherwi.te violate Subsection (3) of (7) of Section 112.313. Florida Statute. u held by: ( ) The report1nc person; Punuant to Section 112,313(3
Florida Statutes: Spouse of report1n1 penon who.e name u or ( ) Child of the reportia
I person who.e name u
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I 2. L
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The particular transaction for which this waiver u .oulht involves:
Supplylnc the followl.nc realty. 100dS and/or services:
b. The follow1ne business entity will supply the.. commcxUties:
or child of such advisor)' board member to the person or busl.nell entit.
c, The relationshlp of the undersicDed adv1aory board member or spouse
tra.DSactinl this bw:lness u [check applicable space.] :
) Officer; ( ) Partner: ( ) Associate: ( ) Sole Proprietor; ( ) Stockholder; ( ) Director: ( ) Owner of in exceas of 691> of the assets (
capital stock in such business entity; ( PubUc Officer or employee bolcl.iD, a conUactual relationshlp with IUch bw:lness entity; ( ) Other. pleL
d escr:ib e:
PART B - DISCLOSURE OF INTEREST IN SOLE SOURCE OF SUPPLY
! WHO MUST COMPLETE THIS PART .
I Section 112.313(3) and 112,313(7), Florida Statutes, prohibit certain business re~tionship. on the pan of public officers azul employees, See Pan m. Chapt<
1112. Flodda Sta1:Ute. azul/or the brochure entitled "A Guide to the Sunshine Amendment and Code of Ethics for Public Officen. Candidates azul Employee~
I for more details on the.. prohibitions, However. Section 112.313(12}(e), Florida Statutes (1979) prOlli4e. U1 exemption from the above-mentioned rertrictior
: in the event that the business entity involved u the only lIOUrCe of aupply withiD the political sub4ivis:ion of the officer or employee, In such cue. the officer'. (
; employee'. intere.t in the buslnea entity must be fully ctaclosed to the ,ovemiDI body of the political SIlbdivislon. Thu Pan of Form 4A has been pr..cribed b
: the Commission on Ethic. for such disclosu.re. if and when Gpplicabl4:,
! Pi.... complete the foUowinc only if required to do so in licht of the above:
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The coods or services beme supplied by a business en tit}' with which the uDdeniened public officer or employee or SPOllse or child of such officer l
employee u involved include(s)
The bw:lness entity which is the only .ource of supply of the above ,oods or servic:es within the political subdivision u:
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: 3.
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(NAME OF ENTITY)
(ADDRESS)
The interest of the undersicDed public officer or employee or spouse or child of such officer or employee ill the business entity named in Item 2 above
[check applicable spaces] :
) Officer: ( ) Partner: ( ) Associate: ( ) Sole Proprietor; ( ) Stockholder; ( ) Director; ( ) Owner of in excess of 6'lD of the assets c
capital stock in such business entity: ( ) Public officer or employee holdine a contractual relationshIp with such busil:1e.. entit}'; ( ) Other, pleu
delCribe:
SIGNATURE
I DATE SIGNED
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FILING INSTRUCTIONS
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I DATE FILED
A of thU Form mu.t be filed. if applicable, with the appointinc body or penon waivin, the restrictions of Section 112,313(3) or (7), Floriaa Statutes, pn,
to such waiver, pan B mu.t be filed, if applicable. with the lovenun!: bodY of the politIcal subdivision in which the reportlDll penon u servin,. It is Nellen,
that this disclosure be made prior to the subJect transaction,
. NOTICE: UNDER PROVISIONS Of' FLORIDA STATUTES f 11::,317 (1979), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTE
, GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACID4ENT. REMOVAL OR SUSPENSION FROM OFFle'
OR EMPLOYMENT. DEMOTION. REDUCTION IN SALARY, REPRIMAND. OR A CIVIL PENALTY NOT TO EXCEED S~.OOO.
'CE FORM 4A . HE\', U.7!l