Resolution 365-1994
RESOLUTION NO 365
-1994
A RESOLUTION WAIVING PROHIBITION AGAINST CONFLICT OF
INTEREST FOR CHUCK VOWELS 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
-, -T1
advisory board, is prohibited from doing business with one's agency and having conflic1lfJg ElfJIployl}fnt op::ontractual
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relationship, respectively, except pursuant to a waiver under Fla. Stat. ~ 112.313(12) by b~~Ch ~intect1he person
to the advisory board upon a full disclosure of the transaction of the appointing:~Oti~" (ThEFlJoar4:.Pf County
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Commissioners) prior to the waiver and an affirmative vote by 2/3 vote of that body, and ~~~.. \.A.) ~
WHEREAS, Chuck Vowels has made full disclosure of his affiliation with the Monr~~C~nty ~rist ~velopment
fl' . . a
Council concerning Conflict of Interest. u; ~
WHEREAS, the Board of County Commissioners wishes to waive the prohibition against Chuck Vowels' 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
Chuck Vowels, 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. ~112.313(12), the following vote
reflects the action of the Commissioners as concerns this Resolution:
Mayor Freeman ~..ea._
Commissioner Wilhelmina Harvey .y..e5-_
Commissioner London
~..ea._
Commissioner Douglass y~__
Commissioner Mary Kay Reich Y!?!L_
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 ~ day of Novenher , 1994.
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA
By bJ.udJ~~"'9W By &JjUJ-1~--
eputy rk MayorlCh . '-----
Approved as to tonn and legal suIflclancy by~-,A-r..Rrl# Dale:*,IY'i
FORM 4A DISCLOSURE OF BUSINESS TRANSACTION, RELATIONSHIP, OR INTEREST
'I..ASTNAM~E-=-F1RST N-AME-:::'MIDDLE INITIAL
CAAr k$ #. ~U/t::/.s
MAILING ADDRESS
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; CITY
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-- : On'lCI,;{I'OSITlON
i frlef)Lhe.sk{; ~41c16lpLR~!o/'s~'
I AGENCY /ADVISOR Y BOA D
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ZIP COUNTY ADDRESS OF AGENCY
/?A/t!: Kf- L.;f /J'h/JRoG.. : f?t.Je lie!/. /::-L 3.f~'i3
PART A - DIS LOSURE OF TRANSACTION OR RELATIONSHIP CONCERNING ADVISORY a'OARD MEMBE-R
d
WHO MUST COMPLETE THIS PART
Sections 112.313(3) and 112.313(7). Florida Statutes. prohibit certain businelS relationships on the part of public officers and employees. including persons
aervinl on adviaory boardL. See Part Ill, Chapter 112, Florida Statutes and/or the brochure entitled "A Guide to the Sunshine Amendment and Code of Ethics
for Public Officers. Candidates and Employees" for more detailJ 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 irutancl' prOVided: (a) waiver b)' the appointinJ: body must be upon a two-thirds
atfinnauve vote of that body; or (b) waiver by the appointing penon must be effected alter a public hear1nll: and (c) In either case the advisory board member
must fully disclose the transaction or relationship which would otherwiae be prohibited by Subs.cuons (3) or (7) of Section 112.313. Florida Statutes. This PlU't
I of Form 4A has been prescribed by the Commission on Ethics for such dlscloll.lle. If ond when applicable to an advtaory board member.
I Please complete the followinl only if required to do so in 1llht of the above:
1. The partnership. directorship. proprietorship. ownership of a material interest. position of officer. employment. or contractual relationship which would
otherwiae violate Subsection (3) of (7) of S.ction 112.313. Florida Statutes is held by: ( ) The reportinl person; Punuant to Section 112.313(3).
Florida Statutes: Spouse of reportinll penon whose name is or ( ) Child of the reportlni:
penon whose name is
2. The particulaz transaction for which this waiver Is sou&ht involves:
L Supplyinc the followinl realty. 100ds and/or services:
b. The followinl busineR entity wID supply thue commodities:
c. The relationship of the undersip1.d advisory board member or spouse or chUd of such advtaOl'Y board member to the person or business entity
tranSactlnl this business is [check applicable spaces]:
) Officer; ( ) Partner; ( ) Associate: ( ) Sole Proprietor: ( ) Stockholder: ('/.) Dlrec:tor; ( ) Owner of in excess of ~CJI. of the ....ta or
capital stock in such busineaa entity; ( Public Officer or employe. holdinea contractual relatlonahip with such buslne. entity: ( ) Other. please
descib.:
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 blUineaa relationshIp. On the pm of public offlcen and employees. See Part rn. Chapter
" 112. FloDda Statuws and/or the brochure entitled "A Guide to the Sunshine Amendment and Code of Ethics for Public Officers. Candldaws and Employees"
for more detailJ On the.. prohibitions. However. Section 112.313(12)(e). Florida Statuws (1979) provldes an exemption from the above_ention.d restrictions
: in the event that the business entity involved is the only source of supply within the politicalsubdiviaion of the offic.r or employ.e. In such cues the officu's or
; employee's interest in the business entity must be fully diaclosed to the IOVenW11l body of the political subdivision. Thia Part of Form 41. bas been prescribed b)'
; the CommilIsIon On Ethics for such disclosure, if and when applicable.
I Pleue complete the foUowinl only if required to do so in 1i&ht of the above:
1. The loods or services being supplied by a business entlt" with which the uncle~d public officer or employee or spouse or chUd oC such officer or
employee is involved inciude(s)
2. The business entity which Is the only source of supply of the above 100ds or services within the political aubcllvialon is:
(NAME OF ENTITY) (ADDRESS)
3. The inwrest of the UDdenilned pUblic officer or employee or spouse or chl1d of such officer or employee in the business entity named in Item 2 above is
[check applicable spaces] :
) Officer: ( ) Partner: ( ) Aaaociaw; ( ) Sole Proprietor: ( ) Stockholder; ( ) Director; ( ) Owner of iD excess of ~9D of the useta or
capital stock in such business entity: ( ) Public officer or employee hol4inC a contractual relationship with such buslness entlt).; ( ) Other. please
detcribe:
SIGNATURE
I DATE SIGNED
I /1-t:Jr(- ?
DATE FILED
FILING INSTRUCTIONS
Part A of this Form must be fUed. If applicable. with the appointil1& body or person waivinJ: the restrictions oC Section 112.313(3) or (7). Floriaa StaNws. prior
to such waiver. Part B must be filed. If applicable, with tht' llovenUnJ: body of tht' politlC&l subdivision in which the reportinJ: person is servin,. It is sullaestee
that this disclosure be made prior to the subject transaction.
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES f 112.31'7 (19'79). It. FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES
GROUNDS FOR AND MA Y BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT. REMOVAL OR SUSPENSION FROM OFFlCE
I OR EMPLOYMENT. DEMOTION. REDUCTION IN SALARY. REPRIMAND. OR A CIVIL PENALTY NOT TO EXCEED S6.000.
'CE FORM 4A . RE\'. 12-711