Resolution 366-1994
RESOLUTION NO. 366
-1994
A RESOLUTION WAIVING PROHIBITION AGAINST CONFLICT OF
INTEREST FOR FAYE BAILEY AS A MEMBER OF THE BOARD OF
DIRECTORS OF THE KEY LARGO CHAMBER OF COMMERCE
SERVING AS DISTRICT V 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
,.. \d ~
relationship, respectively, except pursuant to a waiver under Fla, Stat. ~ 112.313(12) by bOiSy Which lJIIIPOintett the person
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to the advisory board upon a full disclosure of the transaction of the apPointin~ (Th&lBoa~ of County
Commissioners) prior to the waiver and an affirmative vote by 2/3 vote of that body, and c, =^ ~ ?
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WHEREAS, Faye Bailey has made full disclosure of her affiliation with the Monr~::C;dunty ~urist ftevelopment
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Council concerning Conflict of Interest. --< :'~.' 0 g
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WHEREAS, the Board of County Commissioners wishes to waive the prohibition ~9ainst Fa~aile~ 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
Faye Bailey, a member of the Tourist Development Council's District V Advisory Committee, who is a member of the Board
of Directors of the Key Largo 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 Key Largo
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 ~.es--
Commissioner Wilhelmina Harvey ~.es-_
Commissioner Lon(lon yes__
Commissioner Douglass yes__
Commissioner Mary Kay Reich yg.Q__
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 November , 1994.
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY FLORIDA
By ~-,r-~JA_-JIJ-~w By ;}[ a.. .L.L.~<-"
~C--i:r May~-
Approved as to lonn and legal sufficiency by: ~~~ Date:~fY
WHO MUST COMPLETE THIS PART
Sections 112.313(3) and 112.313(7). Florida Statutes. problblt certain business relationships on the part of public officers and employees. including persons
servinl on advuory boards. See Part III. 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) pennlts the
appolntin& official or body to waive these requirements In a particular instance provided: (a) waiver b~' the appointinll body must be upon a two.thirds
affirmative vote of that body: or (b) waiver by the appointing penon must be eflected after a public hearing: and (c) In either cue the advisory board member
must fully disclose the tranuction or relationship which would otherwise be prohibited by Subsections (3) or (7) of Section 112.313. Florida Statutes. This Part
of Form 4A hu been prescribed by the Commission on Ethics for sucb disclosure. if and when applicable to an edvbory board member.
Please complete the following only if required to do so in Iicbt of the above:
1. The partnership. directorship. proprietorship. ownership of a materlallnterest. position of officer. emploYment. or contractual relationship which would
otherwise violate Subsection (3) of (7) of Section 112.313. Florida Statute. Is beld by: ( ) The reportin& person; Pursuant to Section 112.313(3).
Florida Statutes: Spouse of report.1nc person whose name Is or ( ) Child of the repo~
person whose name is
2. The particular transaction for which this waiver Is soucht Involves:
L SupplyU1& the following realty. 100ds and/or services:
b. The followinl business entity wID supply the.. commo4ities:
c. The relationship of the undersicned advbory board member or spouse or child of such advbory board member to the person or business entltJ'
tnnSactinl this b\Uinessu [check applicable spaces] :
) Officer; ( ) Partner; ( ) Al$ociate: ( ) Sole Proprietor: ( ) Stockholder: ( ) Director; ( ) Owner of In excelS of 1ICJ1. of the Ulets or
capital stock in such business entity; ( Public Officer or employee holdinl a contractual relationship with such b1UiDess entity; ( ) Other. please
descz!he:
PART B - DISCLOSURE OF INTEREST IN SOLE SOURCE OF SUPPLY
I, WHO MUST COMPLETE THIS PART
Section 112.313(3) and 112.313(7). Florida Statutes. prohibit certain bu..sineu relationships on the part of public officers and employees, See Part m. Chapter
112. nozida Statutes and/or the brochun entiUed "A Guide to the Sunshine Aml!Dclment and Code of Ethics for Public Officers. Candidates and Employees"
I for more detailJ on the.. prohibitions, However. Sectionl12.313Cl2)(e). Florida Statutes (1979) provides an exemption from the above-mentioned rel1:rlctiODS
: in the event that the b\Uiness entity Involved Is the only lOuzce of supply within the politicalsubdiYislon of the officer or employee. In such cues the officer's or
; employee's interest in the business entity must be fully disclosed to the loveming body of the political subdivision. This Part of Form 4A has been prescribed b~'
I the Commission on Ethics for wch dl.sclosure. if and when applicable.
i Please complete the followinl only if required to do so in licht of the above:
I
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i
13.
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The goods or services being supplied by a business entit~. with which the uDdel'licned public officer or employee or spouse or child of such officer or
employee is involved include(a)
The b1UiDeas entity which is the only source of supply of the above 100ds or services within the political subdivision is;
(NAME OF ENTITY)
(ADDRESS)
The interest of the undel'licned pUblic officer or employee or spouse or child of such officer or employee in the business entity named In Item 2 above is
[check applicable spaces] :
) Officer; ( ) Partner; ( ) Associate: ( ) Sole Proprietor; ( ) Stockhoider; ( ) Director; ( ) Owner of in excelS of 69io of the assets or
capital stock In such business entity; ( ) Public officer or empioyee holdinl a contractual relationship with wch business enU1)': ( ) Other. pleue
delCribe:
, 51
!
DATE FILED
Part A this Form m st be filed. If a plicable. with the appointin& body or Person waiYinll the restrictions of Section 112,313(3) or (7). FJoric1a Statutes. prior
I to such waiver. Part B must be fUed. If applicable, with thp loveming bodY of the POlitlCal subdivision in which thp reportinll person is serving, It is sugaestee
tbat this dl.sclosure 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 OFne!:
I OR EMPLOYMENT. DEMOTION. REDUCTION IN SALARY. REPRIMAND. OR A CIVIL PENALTY NOT TO EXCEED Sr..OOO.
'CE FORM 4A . RE\'. 12.7!l