Resolution 449-1995
RESOLUTION NO. 449 -1995
A RESOLUTION WAIVING A PROHIBITION AGAINST
CONFLICT OF INTEREST FOR WINSTON A. BURRELL AS
A MEMBER OF THE BOARD OF DIRECTORS OF THE KEY
WEST CHAMBER OF COMMERCE SERVING -..AS
DISTRICT I ADVISORY COMMITTEE MEMBER WH@)E
CHAMBER IS FUNDED BY THE MONROE COUlstTYr
TOURIST DEVELOPMENT COUNCIL (MCTDC) ;'1:-0"
PROVIDE TELEPHONE & TOURIST INFORMATlON
SERVICES TO THE MCTDC.
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WHEREAS, under Florida Statutes 9112.313(3) and (7), a member ofCfhe 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. 9112.313(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 affirmative vote by
2/3 vote of that body, and
WHEREAS, Winston A. Burrell 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 Winston A. Burrell's conflict pursuant to Fla. Stat 9112.313(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 Winston A. Burrell a member of the Monroe County Tourist
Development Council's District I Advisory Committee, who is a member of the Board of
Directors of the Key West 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 Islamorada
Chamber of Commerce.
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Section 2. So as to conform to the 2/3 voting requirement under Fla. Stat. ~ 112.313(12),
the following vote reflects the action of the Commissioners as concerns this Resolution:
Mayor Shirley Freeman
Commissioner Keith Douglass
Commissioner Wilhelmina Harvey
Commissioner Jack London
Commissioner Mary Kay Reich yes
PASSED AND ADOPTED by 2/3 vote of the Board of County Commissioners
Monroe County, Florida, at a regular meeting of the Board held on the 21st day ofNovem"Qer
1995.
yes
yes
yes
yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY: cSiv: J,1h-F~
Ma;or/Ch","man
(SEAL)Attest: Mr. Danny Kolhage, Clerk
M~Q.,c. op~
Approved
By:
Date: Ir;.519~
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r-';ORM 4A - DISCLOSURE OF BUSINESS TRANSACTION, RELATIONSHIP, OR INTEREST
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LAST N.ur:: ' FIRST NAME WIDDLE INITIAL O,.,.ICElPOSmON
P \' W-uf ~ 'I, U'N'
AGENC'\" /ADVISOR Y OARD
(~ Ubi- ChaIJth.Q~-I~~II1~~.rc'- (Bolf,J. J bQ.~)
ADD ESS OF AGENCY
ZIP
COUNTY
;\- Rl\- 330 M~N.Q.oe
PART A - DISCLOSURE OF TRANSACTION OR RELATIONSHIP CONCERNING ADVISORY BOARD MEMBER
WHO MUST COMPLETE THIS PART .' I
Sections 112.313(3) and 112.313(7). Florida Statutes. probibit cenam buaiAe.. nlatioasbip. OD the part of public officers and employees. includin!: person> ,
,aerviD& on advisory boards. See Part III. Chapter 112. Florida Statur.es aDd/or Ute brochlUe _tided "A Guide to the Suoabine Amendment and Code of Ethics'
for P.ub~C Officers. Candidates and Employees" ,for mon detaila on these' probibitioD&. How....r. Section 112.313(12). Florida Statutes (1979) pen:1Il.s ,the
app01l1UD& official or body to W&JVe Ute.. requirements In a partIcular lrutance prOYldeci: (a) waiver by the appoanUnC body must be upon a two.thirds
I affilmative vote of that body: or (b) waiver by the sppoinUne penon must be etfee\ed aUer a pubUe heume: and (c) In either c_ the advisory board member
I must tully diac10ae !.be transaction or relationabip which wowd otherwise be prohibited by SubMctiona (3) or (7) of Section 112.313. Florida Stannes. This Psn
I of Form 4A baa been prescribed by !.be Commiaaion on E!.biea for aach diac1oaare. if and wilen applicable to an adv1lory board member.
I PIe.- complete !.be foUowine only if requind to do so in li&ht of the above:
1. The panaerahip, directorahip, proprietonhip, ownenhip of a material iIltenn. positiOD of officer, employment, or contractual relationship which would
I otherwise violate SUbseCtiOD (3) of (7) of Section 112.313, Florida Statur.es ia heJel by: ( ) The nportiDC perSOD: PUlS\lU1t LO Suuon 112.313(3).
Florida Statutes: Spouse of reponine penOD wbose DlIDle is or ( ) Child of the repo1"ti.n!:
person wbose ollDle is
2. Thepanic:Wu traDSlcUoo for wbich this waiver is souibt involves:
L SupplyiDc the foUowiDe realty. eoods and/or ..rvtc..:
b. The foUowmc busin_ enUty will su.pply the. c_oclities:
Co The nlatioaship of the uDdersicDed adviso", bow member or sp_ or cbi1d of such advisory bow member to the penon or business endt}'
_tiDe tbia btu:iDe. is (check appJ1cabJe spaces) :
) Officer: ( ) PartDer: ( ) Auociate: ( ) Sole Proprietor: ( ) Stocldul14_: ( ) Director: ( ) Owner of 1D ezcea of &lJro of the asseu or
capital stock iD such busiDeaa eDUty: ( ) Public Oft1cer or emploYee holdiDc. COIlIDcw.1 nlatioubip with IUch btu:iD_ eDUty: ( ) Other. please '
d..zibe:
PART B - DISCLOSURE OF INTEREST IN SOLE SOURCE OF SUPPLY
10 MUST COMPLETE THIS PART
SeeUOD 112J113(3) and 112.313(7). Florida Sumtes,. prohibit eftt&iD busiua nlaUODIbIpa _ the put of pubUc offlcers and employees. See Put m. Chap\er
112. Florida Sum_ and/or the brochure eDUded "A GuJele tD the SwubiDe .AlDeadlDe. aIIIl Cocle of Etblca for PubUc Ofticea. CaDliidates and Employees"
for more de$JUls OD Ut_ prohibitions. However. Section 112..313(12)(e)."oriIIa Statuses (11") ~.. _empUOD fr_ lbe abow-meotiODed resmctioDS
ill lbe ....t Uaat lbe b~ eoUty mvolved is lbe ollly lOIUCe of supply witblD lbe pollUal abdMIioD of the off1cv or emploYee. 1D IUch c_ Ute officer's or ;
_ploY.... iDteraat iD the bullDe. eD1:ity m1lSt be luDy diaclosed to the eovenWIC body of the Political aubdivistoD. This Put of "ODD 4A haa beeD prnczihed bY
the CClfD.flldliOIl 00 Etbics for sueb disclosure. if and when applicabk.
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: Pl_ complete the foUowiDe only it required to do so iD li&ht of the above:
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The eoocl.s or services beme supplied bY a bUSIDea eo tin' with which the 1IDdeDir;Decl pv.bUc officer or emploYee or SPOlia or c:hf1d of such officer or
employee is iDvolved iDclucle<s) . -
'2.
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The busine.. entity which is the only source of supply of the above eoocl.s or .rnces widUD the pol1&ical aabclivialoo is:
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; 3.
(NAME OF ENTITY)
(ADDRESS)
The intereSt of the wuiersi<<Decl pUblic officer or employee or spouse or cbi1d of auch officer or employee in the bullDe. enUty named in hem 2 above 15
(check applicah1e spaces) :
) Officer: ( ) PartDer: ( ) Associate: ( ) Sole Propnetor: ( ) StockhoJ4er. ( ) Dinctor: ( ) OWDer of ill asce.. of &CJi. of tbe asseu or
capital stock IJ1 such busmess eotin.: ( ) Public officer or employee botdiDC a coaUllCtual relatiollSbip with such bruiDea eDUty: ( ) Other. please
deacrib e:
SIGNATURE
I'DA TE SIGNED
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i DA,V; FILED
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I. Part A of this Form must be filed. if appl1cable. with the appointiDcbody or persOn waiviDc tile restrictions of Section 112.313(3) or (7). Flol"u1a Statute~. pnor
to such wa.IVer. Part B must be roed. if apPlicable. with the Jovenun!: body of lbe politJcal IUbdiviaion in wbich the npOnIDl: penon is serYUlJ. It IS ~uestec
,-tbat this disclosure be made pnor to the subJect transaction.
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~ 11:.317 (1979), A FAILUU TO MAKE AN'\" REQUIRED DISCLOSURE CONSTITt:TES
GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT. REMOVAL OR SUSPENSION FROM OFFICr
! OR EMPLOYMENT. DEMOTIO)';. REDUCTION IN SALARY. REPRIMAND, OR A CJVlL PENALTY NOT TO EXCEED S~.OOO.
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