Resolution 363-1994
RESOLUTION NO 363
-1994
A RESOLUTION WAIVING PROHIBITION AGAINST CONFLICT OF
INTEREST FOR ERIC HATHAWAY AS A MEMBER OF THE BOARD OF
DIRECTORS OF THE GREATER MARATHON CHAMBER OF
COMMERCE SERVING AS DISTRICT III ADVISORY COMMITTEE
MEMBER WHOSE CHAMBER IS FUNDED BY THE MONROE COUNTY
TOURIST DEVELOPMENT COUNCIL (MCTDC) TO PROVIDE
TELEPHONE IE 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 affirmative vote by 2/3 vote of that body, and
WHEREAS, Eric Hathaway 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 the prohibition against Eric Hathaway's conflict in
Fla. Stat ~ 112.313(3) and (7) in accordance with ~ 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
Mayor Freeman ...Y.~,,--_
Commissioner Wilhelmina Harvey -Y~--
Commissioner London -:)ZeS..-
Commissioner Douglass _ye8-_
Commissioner Mary Kay Reich -:)ZeS..-
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 ..22.nd day of NnvPJ'T1hpr , 1994.
Eric Hathaway, a member of the Tourist Development Council's District III Advisory Committee, who is a member of the
Board of Directors of the Greater Marathon 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 se~ce~~ proYd b~r events
sponsored by the Greater Marathon Chamber of Commerce. ~ ~ 8
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Section 2 So as to conform to the 2/3 voting requirement under Fla. Stat. ~11~~(12), '" follo~ing vote
reflects the action of the Commissioners as concerns this Resolution: g c ~ :x
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(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
By/P~
Deput lerk
BOARD OF COUNTY COMMISSIONERS
OF MON OE COUNTY, FLORIDA
Approved as to form and legal sufficiency by:
Date:#f
'.t....... ..
. F~~_~_ 4ADI~~_~C:>S~RE OF~USINES~__~~~NSA~TI~~_,~~LA TIONSHIP,()~ IN!E,~E~T
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MAILI G ADDRESS '; I I,AGENCY 'ADVISOR Y BOARD '}
i 4-59D Ove.,.2.~C\'=> <t+c~"i( i -:O:~~ToR'" l<<4{2AT#(),r:-) ~~~~ O('~4'.
, CITY ZIP COUNTY ADDRESS OF AGENCY
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PART A - DISCLOSURE OF TRANSACTION OR RELATIONSHIP CONCERNING ADVISORY BOARD MEMBER
WHO MUST COMPLETE 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 persons
servinl on advi.sory board.. See Part Ill, Chapter 112. Florida Statutes and'or the brochure entlt.led "A Guide to the Sunshine Amendment and Code of Ethics
for Public Officers, Candidates and Employees" for more details on these prohibitions, However, Section 112.313(12), Florida Statutes (1979) permits the
appoint.in& official or body to waive these requirements In a particular ilUtanct' provided: (a) waiver by the appointin, body must be upon a two-thirds
affirmative vote of that body; or (b) waiver by the apPointin& person must be effected alter a pUblic hear1nlt; and (c) In either case the adviSOry board member
must tully disclose tho transaction or relationship which would otherwise be prOhibited by Subsections (3) or (7) of Section 112.813, Florida Statutes. This Part
of Form 4A has been prescribed by the Commission on Ethics for such disclosure, if and when appllcabl~ to an advilory board member. '
I Please complete the foUowinl only if required to do so in !isht of the above:
1. The partnership. directorship, proprietorship, ownership of a material Interest, position of officer, employment, or contractual relationship which would
otherwise violate Subsection (3) of (7) of Section 112.313. Florida Statutes i.s held by: ( ) The reporting person; Puzsuant t.o Section 112,313(3),
Florida Statutes: Spouse of reportinlt penon whose name is or ( ) Child of the reportlni
penon whose name is
2. The particular tranaaction for which this waiver is soulht involves:
.. SupplYin& the foUowin& realty, 100ds and'or services:
b. The foUowinC business entity wID supply theae commodities:
c, The relationship of the undenip1ed advilory board member or spouse or child of such aclvilory board member to the person or business entity
transactlnC this business is [check applicable spaces] :
) Officer: ( ) Partner; ( ) Associate; ( ) Sole Proprietor; ( ) Stockholder; ( ) Director; ( ) Owner of in excess of 6~ of the auets or
capital stock in such bueess entity: ( ) Public Officer or employee bolclinca contractual relatiol1lbip with such bus:iness entity; ( ) Other, please
desczibe:
PART B - DISCLOSURE OF INTEREST IN SOLE SOURCE OF SUPPLY
I WHO MUST COMPLETE THIS PART
I Section 112.313(3) and 112,313(7), Florida Statutes., prohibit certain bwiness relationships on the part of public officers and employees. See Part nt, Chapter
" 112. noDda Statutes and/or the brochure entitied "A Guide t.o the Sunshine Amendment and Code of Ethics for Public Officers. Candidates and Employees"
I for more details on the8C prohibitions, However, Section 112.313(12)(e), Florida Statute. (1979) pr0vi4es an exemption from the above-mentioned restrictions
: in the event that the business entity involved is the only source of IUPply within the political subdivision of the officer or employee. tn,&Ich cues the officer's or
; employee's interest in the business entity must be tully disclosed to the coveminC body of the political subdivilion. This Part of Form o&A has been prescribed b)'
i the CommiIs:ion on Ethic. for such disclosure, if and when applicable.
I Please complete the followinl only if required to do .0 in l.i&bt of the above:
11. The coods or services being supplied by a business entit}' with which the unclersJcned public officer or employee or spouse or child of Nch officer or
I employee is involved include(s)
,2. The buslneu entity which is the only source of supply of the above Itoods or services within the political subclivision is;
i
I
I
: 3,
I
I
(NAME OF ENTITY)
(ADDRESS)
The interest of the undersicned pUblic officer or employee or spouse or child of such officer or employee in the business entitl' named in Item 2 above is
[check applicable spaces] :
) Officer: ( ) Partner: ( ) Associate; ( ) Sole Proprietor; ( ) Stockholcler; ( ) Director; ( ) Owner of in excess of 61);, of the ....ts or
capital stock in such business entity; ( ) Public officer or employee hOldin, a contractual relationship with such business entit}.; ( ) Other. please
dellCribe:
SIGNATURE
I DATE stG
I (I. (
DATE FILED
P A of this Form must be filed, if applicable, with the appointil1l bod)' or person waivin, the restrictions of Section 112.313(3) or (7), Florida Statutes, pnor
to such waiver, Part B must be filed, if applicable. with the loverninll bodY of the political subdivision in which the reportin, person i.s servin" His su&lestee
that this ctisc10sure be made prior to the subject transaction.
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES f 112.317 (1979), 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
I OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED U,OOO.
CE FORM 4A 'HE\', 12.7!1