Resolution 185-1995
RESOlUTION NO.
185 -199'5.
A RESOLUTION WAIVING A PROHIBITION AGAINST CONFLICT OF
INTEREST FOR DAVID KOLODZIK AS A MEMBER OF THE BOARD
OF DIRECTORS OF THE LOWER KEYS CHAMBER OF COMMERCE
SERVING AS DISTRICT II ADVISORY COMMITTEE MEMBER WHOSE
CHAMBER IS FUNDED BY THE MONROE COUNTY TOURIST
DEVELOPMENT COUNCIL (MCTDC) TO PROVIDE TELEPHONE &
TOURIST INFORMATION SERVICES TO THE MCTDC.
WHEREAS, under Florida Statutes ~112.313(3) and (7), a member of the Tourist Development Council, an
advisory board, is prohibited from doing business with one's agency and having conflicting employment or contractual
relationship, respectively, except pursuant to a waiver under Fla. Stat. ~112.313(12) by body which appointed the person
to the advisory board upon a full disclosure of the transaction of the appointing body (The Board of County
Commissioners) prior to the waiver and an affinnative vote by 2/3 vote of that body, and
WHEREAS, David Kolodzik has made full disclosure of his affiliation with the Monroe County Tourist Development
Council concerning Conflict of Interest.
WHEREAS, the Board of County Commissioners wishes to waive a prohibition against David Kolodzik'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
.- David Kolodzik, a member of the Tourist Development Council's District II Advisory Committee, who is a member of the
Board of Directors of the Lower Keys Chamber of Commerce which is funded by the Monroe County Tourist Development
Council to provide telephone and tourist information services to the MCTDC, provided he abstains from voting on any
relevant issues or motions pertaining to MCTDC funds to be paid for services provided by or events sponsored by the
Lower Keys Chamber of Commerce.
Section 2. So as to conform to the 2/3 voting requirement under Fla. Stat. ~1~.3~(12)~e f~@wing vote
reflects the action of the Commissioners as concerns this Resolution: ~ c J ~
'--' ~ -
:J::>
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Mayor Shirley Freeman ~
Commissioner Wilhelmina Harvey ~ --
;r
Commissioner Keith DouQ:lass ~ '"'0 ,.
Commissioner Jack London ~ N ' _
Commissioner Mary Kay Reich ~ _-' N ..~
PASSED AND ADOPTED by 2/3 vote of the Board of County Commissioners MonrOe County,'fllorida, at a regular
meeting of the Board held on the 16th day of May , 199
.~r~
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA
By..oo...Ld.. (l, ('\~_+..:. BycS~-:F~
Deputy C~ Mayor/Ch an
Approved as to form and legal sufficiency by: ~ ~ M ~~$
~FORM 4A D!SCLOSURE OF BUSINESS TRANSACTION, RELATIONSHIP, OR INTEREST
>-L.AST--'AME=""F1RSTNAME- lDDLEINITlAL --00--':0' ICI::fV'OSITION---" _u_'u,_ '-.;---' ---
!SL.iJ z/ t V/~ - L, Ifl~lJg4'", r:- .1/!L:;.; ~/l.C -l1:~~ . tY~~ o/P'-'<.-)/ .1-
MA);ING ADDRESS I A<:'~"\' /ADVISORlr"'n~jARD_, ~
c.. G. '-I] 2/ J Y ! VF'- _1-004., t~:/l C - G - <r2-
';ITY ZIP COUNTY ADDRESS O~GENCY /?
II;- ;:.viC- /~L ( ] ~ Q '-/3 t /] iO" ^ /"']"jI\/ P'J';/ ~ ;?L- S 3 <5 y'J
PART A _ DISCLOSURE OF TRANSACTION OR RELATIONSHIP CONCERNING ADVISORY BOAHD MEMBER
WHO MUST COMPLETE THIS PART
Sectlons 112.313(3) and 112.313(7). Florida Statutes. prohibit certain business relationships on the part of pUblic officers and employees, including penor.
aervinc on advisory board.. See Part Ill. Chapter 112. Florida Statutea and/or the brochurlt entiUed "A Guide to the Sunsbine Amendment and Code of EthIC
for Public Officers. Candidatea and Employees" for more del.ai.U on these prohibitions. However. Section 112.313(12), Florida Statutes (1979) pennits th
appointinl official or body to waive theae requirements in a particular instanu provided: (a) waiver b)' the appointinl: bod)' must be upon a two-third
alfirmative vote of that body: or (b) waiver by the appointinc person must be effected after a public heartnc: and (c) In either cue the advisory board membe
must fully disclose the transa.c:tion or relationship which would otherwise be prohibited by Subsections (3) or (7) of Section 112.313. Florida Statutes. Tbis PI!
I of Form 4A bas been prescribed by the Commission on Ethics for sucb di&clOlUre. if and when applicable to an adYbOry board member.
I Please complete the foUowinC only If required to do .0 in lIeht of the above:
11. The partnership. directorship. proprietorship, ownership .of a material Intere.t. position of officer. employment. or contractual relationship which woul
othenvise violate Subaection (3) of (7) of Section 112.313. Florida Statute. is held by: ( ) Tbe repol"tinl person; PUrs\lant to Section 112.313(3
Florida Statutes: Spouse of repol"tinl person wbose name is or ( ) Child of the reporW:
I person wbose name is
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12. L
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The particular tranAction for which this waiver Is .oulht involves:
SupplY!n& the followinC realty. coods and/or aervices:
b. Tbe followinC business entity wID supply theM commodities:
or child of Nch adYbory board member to the person or busineas entit"
c. The relationship of the undersicned adYbory board member or spouse
uansactinl this busineu is Lcheck applicable space.]:
> Officer; ( ) Partner: ( ) Associate; ( > Sole Proprietor; ( ) Stockholder; ( > Olzector; ( ) Owner of In exceu of 691> of the asaets t
capital atock in Neb busineu entity; ( Public Officer or employee holclinca contractual relaUonship with Nch busineu entity; ( ) Other. plea.
desc::db 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 busineu re~tionshlps on the part of public officers and employees. See Part m. Cbap\.(
1112. nodda Statutes and/or the brochure entiUed "A Guide to the Sunshine Amendment and Code of Ethics for Public Officers. Candldatea and Employee<
for more details on these prohibitions. However. Section 112.313(12)(e). Florida Statutes (1979) provides an exemption from the above-mentioned reatrictior
: in the eYeIlt that the businesa entity involved is the only source of aupply within the politicalaubdivision of the officer or employee. 111 aucb cue. the officer's (
; employee's intere.t in the bulinesa enUty muat be fully disclosed to the 100emiJl& body of the poUticalaubdivision. This Part of Form .A has been preacribed 'c
: the Commission on Ethics for Nch disclosure. if and when appIicabI;:.
I Please complete the foUowinl only 11 required to do so in li&ht of the above:
Ill. The coods or services being supplied by a business entit}. with which the undel'licned public officer or employee or SPOUIe or cbild of IUch officer l
employee is involved inch1de(s)
,2. The business entity wbich Is the only .ource of supply of the above cood. or aervices within the political subdivision is:
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: 3.
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(NAME OF ENTITY)
(ADDRESS)
The intere.t of the undersicDed pUblic officer or employee or spouae or child of such officer or employee in the business entity named in Item 2 above
[check applicable space.] :
> Officer; ( ) Partner; ( ) Associate; ( ) Sole Proprietor; ( ) Stockholder; ( ) Diftctor; ( ) Owner of in excelS of 6'lD of the usets c
capital atock in such busine.. entity: ( Public officer or employee holdinl a contractual relationship with such bwiDess enUt).; ( ) Other, pie..
de
SIGNATURE
I DATE. SIGNED
I 3)
DATE FILE.D
Part A of this Form mu.t be filed. if applicable. with the appointina: bod)' or person waivinl: the restrictions of Section 112.313(3) or (7), Florida Statutes. pn<
to auch ",'aiver. Part B mu.t be filed. if applicable. with the' lovenun!: body of the' politacal subdivision in which the reporunl: person is servml:. It as IUlliest(
tbat this disclosure be made prior to the subject transaction.
. NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES f 11:.317 (19'79), It FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTE
< GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT. REMOVAL OR SUSPENSION FROM OFFIC'
OR EMPLOYMENT, DEMOTION. REDUCTION IN SALARY. REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED IlI,OOO.
CE FORM 4A - IlE\'. 12-7\1