Resolution 364-1994
RESOLUTION NO.
364
-1 994
A RESOLUTION WAIVING PROHIBITION AGAINST CONFLICT OF
INTEREST FOR EILEEN MASON AS A MEMBER OF THE BOARD OF
DIRECTORS OF THE ISLAMORADA CHAMBER OF COMMERCE
SERVING AS DISTRICT IV ADVISORY COMMITTEE MEMBER WHOSE
CHAMBER IS FUNDED BY THE MONROE COUNTY TOURIST
DEVELOPMENT COUNCIL (MCTDC) TO PROVIDE TELEPHONE &
TOURIST INFORMATION SERVICES TO THE MCTDC. -,
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WHEREAS, under Florida Statutes ~112.313(3) and (7), a member of the To~im OevelGPmenQtouncil, an
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advisory board, is prohibited from doing business with one's agency and having cOnfli~9::emplo~nt o~ontractual
relationship, respectively, except pursuant to a waiver under Fla. Stat. ~112.313(12) by bOQ~hich a@tointSithe person
to the advisory board upon a full disclosure Of the transaction of the appointing-t>ooY (The-:eoard5of County
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Commissioners) prior to the waiver and an affirT11ative vote by 2/3 vote of that body, and
WHEREAS, Eileen Mason has made full disclosure of her affiliation with the Monroe County Tourist Development
Council concerning Conflict of Interest.
WHEREAS, the Board of County Commissioners wishes to waive the prohibition against Eileen Mason'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
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follows:
Section 1. As per Florida Statute ~112.313(3) and Florida Statute 112.313(12), a waiver is hereby extended to
Eileen Mason, a member of the Tourist Development Council's District IV Advisory Committee, who is a member of the
Board of Directors of the Islamorada Chamber of Commerce which is funded by the Monroe County Tourist Development
Council to provide telephone and tourist information services to the MCTDC, provided she 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.
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:
Maya Freeman yes
Commissioner Wilhelmina Harvey yes'
Commissioner London ~
Commissioner Dowtlass ~
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 22nd day of November , 1994.
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONR COUNTY, FLORIDA
By~~ By MayorlChai
Awovoo as tofoon am legaJ suMmey by ~ wpI ft~
Date: -4L1/ri
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FORM 4A DISCLOSURE OF BUSINESS TRANSACTION, RELATIONSHIP, OR INTEREST
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:I~/f\m ~t\- zlnD3<P f{\~~R ~4X;;~:o~J:cZ~~ Hut~ ~iIMII)AOA 3303(0
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 busineas relationships on the put of public officers and employees. including persons
servinll on advisory boardL See Part Ill. Chapter 112. Florida Statutes and lor the brochure entitled" 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
appolntin& official or body to waive these requirements in a particular instancl' provided: (a) waiver by the appointinl: body must be upon a two-thirds
altinnative vote of that body; or (b) waiver by the appointinc person must be effected after a public hearlnc: and (c) In either case the advisory boud member
must tully disclose the transaction or relationship which would otherwise be prohibited by Subsections (3) or (7) of Section 112.313. Florida StatuteL Tbis Part
I of Form 4A bas been prescribed by the Commlslion on Ethics for sucb disclosure. if and when applicable to an adV1llory board member.
I PIea.&e complete the followlnl only if required to do ao in lilht of the above:
1, The partnership, directorship. proprietorship. ownership of a material Interest. position of officer. employment. or contractual relationship which would
I otherwise violate Subsection (3) of (7) of Section 112.313. Florida Statutes is beld by: ( ) The reportin& person; Pursuant to Section 112,313(3),
I Florida Statutes: Spouae of reportin& person whose name is or ( ) ChUd of the repo~
I person wbose name ill
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The particulu transaction for which this waiver is soulht involves:
Supplying the following realty. Iloods andlor services:
b. The foUowlnll busin_ entity wW supply thele commocUties:
or spouse or ebUd of such advisOry board member to the person or business entin'
c, The relationship of the undersicned advisory board member
t::raDS&cW11 this business ill [check applicable spaces] :
( ) Officer; ( ) Partner: ( ) Associate: ( ) Sole Proprietor: ( ) Stockholder: ( ) Dlrec:tor; ( ) Owner of in excess of &'11> of the useta or
capita! stock In such business entity: ( ) Public Officer or employee bol4in1l a contraetual relationsbip with lNeb business entity: ( ) Other. please
desczlbe:
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 bu.slnass relationships on the part of public officers and employees, See Part n1. Chapter
1112. FlO%lda Statutes andlor the brochure entitled "A Guide to the Sunshine Amendment and Code of Ethics for Public Officers. Candlciat.es and Employees"
for mOle details on theM prohibitions. However, Section 112.313(12)(1'). Florida Statutes (1979) provl.des an exemption from the above-mentioned restrictions
; In the event that the business entity involved is the only source of supply within the political subcl.ivislon of the officer or employee. In such cases the officer's or
: employee's interest In the business entity must be fully c1iscloaed to the &oyemiDl bodY of the political subdivision.. This Pan of Form 4A has been prescribed b)'
I the Coa:unissIon on Ethics f~," such disclosure. if and when applicable.
Pl_ complete the fonowi' 1 only If required to do so In li&ht of the above:
111' The ,oods or services being supplied by a business entlW with which the unclersicned public officer or employee or SPOUIe or chUd of INcb officer or
employee is Involved incll1de(s)
!2.
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The blUiness entity wblch Is the only source of supply of the above &oods or services within the political subdivision is: '
(NAME OF ENTITY)
(ADDRESS)
The Interest of the UAdersicned public officer or employee or spouse or child of INch officer or employee in the business entity named in Item 2 above is
[cheek applicable spaces] :
) Officer: ( ) Partner; ( ) Associate; ( ) Sole Proprietor; ( ) Stockho14er: ( ) Director; ( ) Owner of In excess of M.. of the assets or
capita! stock in such business entity: ( ) Public officer or employee holdlnl . contractual relationship with such business entlt)': ( ) Other. please
de8Cribe:
. SIGNATURE
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SIGNATURE
I DATE SIGNED
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FILING INSTRUCTIONS
I DATE FILED
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Part A of this Form must be Wed. If applicable. with the appointing body or person waivini: the restrictions of Section 112.313(3) or (7), Floricla Statutes. prior
I to such waiver, Part B must be filed. If appllc:.able, with th" loverninl: bodY of the politiCal subdivision in which the reportinl: person is servin,. It is IUggesteC
thr.t this disclosure be made prior to the subJect transaction.
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES f 112.311 (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 n.OOo,
'CE FORM 4A . RE\'. 12-7!1