Resolution 367-1994
RESOLUTION NO 367
-1994
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WHEREAS, under Florida Statutes ~112.313(3) and (7), a member of the Td.Y}18t Deve""men~ouncil, an
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advisory board, is prohibited from doing business with one's agency and having confli~ ~Plo~nt OI:..,.veontractual
relationship, respectively, except pursuant to a waiver under Fla. Stat. ~112.313(12) by b~~~.iCh +inte~he person
to the advisory board upon a full disclosure of the transaction of the appointing ~odi (Thtpoar@f County
Commissioners) prior to the waiver and an affirmative vote by 2/3 vote of that body, and .
WHEREAS, Michael Payton 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 Michael Payton'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
A RESOLUTION WAIVING PROHIBITION AGAINST CONFLICT OF
INTEREST FOR MICHAEL PAYTON 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.
follows:
Section 1. As per Florida Statute ~112.313(3) and Florida Statute 112.313(12), a waiver is hereby extended to
Michael Payton, 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 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 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 yes--
Commissioner Wilhelmina Harvey ~es--
Commissioner London y~s.__
Commissioner Douglass y~s.__
Commissioner Mary Kay Reich y~~__
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 MONROE COUNTY, FLORIDA
ByO/J~~ By~L.~~~
puty C MayorlChairma '---
Approwd as to form and legal sufficiency c:a~ c;1U Dale: 4Pr
FO"RM' 4A DISCLOSURE OF BUSINESS TRANSACTION, RELATIONSHIP, OR INTEREST
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MAILING ADDRESS I AGENC..../ADVISOR \' BOARD
1,1CI1TYOOO ()VE(LSEA7:JZlpH"HW~l./c UNT'\' i DJS1}1./C-T AOVlsoRY
~ ADDRESS OF AGENCY
I ~E LA~h 0 3D'; 1 of/RoE T D, C . t: WE'bT
PART A - DISCLOSURE OF TRANSACTION OR RELATIONSHIP CONCERNING ADVISOR BOARD MEMBER
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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
aervin, on advisory boards. See Part III. Chapter 112. Florida Statutes andlor the brochure enUlled "A Guide to the Sunshine Amendment and Code 01 Ethics
for Public Officers, Candidates and Employees" for more det.aUs on these prohibitions. However, Section 112.313(12), Florida Statutes (1979) permits the
appointinl official or body to waive these requirements In a particular instance provided: (a) waiver by the apPolntlnll body must be upon a two-thirds
alfi.rmative vote of that body; or (b) waiver by the appolntinc person must be effected alter a public hearlnll: and (c) In either CllSe the advisory board member
must tully disclose the transaction or relationship which would otherwise be prohibited by Subtections (3) or (7) ot Section 112.313. Florida Statutes. This Part
, ot Form 4A bu been prescribed by the Commission on Ethics tor sucb disclosure, If and when applicable to an adYilOl)' board member.
Pie.... complete the followinC only it required to do so in IIcht of the above:
1. Tbe partnership, directorship. proprietorship. ownership of a material Interest. position of otficer, employment. or contractual relationship which would
otherwise violate Subsection (3) of (7) of Section 112.313. Florida Statutes is beld by: ( ) Tbe reportinc person: Pursuant to Section 112.313(3).
Florida Statutes: Spouse of reportin, person wbose name is or ( ) CbUd of the reportinl:
person wbose name it
2. The particular transaction for wblch thi$ waiver is soulht Involves:
L SupplY!n& the foUowin, realty. 10 ods and/or services:
b. Tbe followinl busln_ entity wUlsupply theM commoc1itles:
c. The relationship of the undersilned adYilory board member or spouse or chUd of Nch adYilory board member to the person or business entit).
transActln, this businelS is [check applicable spacea] :
) Officer: ( ) Partner: ( ) AlSociate: ( ) Sole Proprietor: ( ) Stockholder: ( ) Director: ( ) Owner of in exceas of 6" of the AlSets or
capital stock in such business entity: ( ) Public Officer or employee holdine a contrACtual relationship with such business entity: ( ) Other. please
descz1be:
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 cert.aln businass relationships on the pan of pUblic officers and employees. See Pan nI. Cbapter
112. Flodda Statules and/or the brochure entitled "A Guide to the Sunshine Amendment and Code at Ethics for Public Officers. Candidates and Employees"
for more deta.lls on the.. prOhibitions. However. Section 112.313(12)(e). Florida StaNte. (1979) provides an exemption from the above-mentioned restrictions
; in the event that the business entity involved is the only source of supply within the political subdivision of the officer or employ ea. In IUch cues the officer's Or
: employee's interest in the business entity must be tully disclosed to the eovemine body of the political subdivision. This Part of Form 4A has been prescribed by
I the CommiISton on Ethics tor such disclosure. If and when applicable.
I Pleaae complete the fOU~WinC ~nlY it req.uired to do s~ in li&ht at th~ above: . ..
jl. The eoods or servtces bel1\g supplied by a 1;)uSl1\ess entiW WIth which the undersJ&ned public officer or employee or spouse or cbUd ot such officer or
employee is involved include(s)
; 2. The business entity which is the only source of supply of the a1;)ove ,oods or services within the politicallUbdivtsion is:
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i 3.
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(NAME OF ENTITY)
(ADDRESS)
The interest o.f the UDdersilned pU1;)!ic officer or employee or spouse or child of such officer or employee in the business enUt}. named in Item 2 above is
[check applicable IPACes] :
) Officer; ( ) Partner; ( ) Associate; ( ) Sole Proprietor: ( ) Stockhol4er; ( ) Director: ( ) Owner of in excess of 6% of the _ts or
capital stock in such bulinasa entity; ( ) Public officer or employee boldinl a contractual relationship with such buslneas entit}.; ( ) Other, please
delCribe:
SIGNATURE
I DATE SIGNED , DATE FILED
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FILING INSTRUCTIONS
Pan A at onn must be filed. if applicable. with the appointine body or person walvinl: the restrictions of Sectlon 112.313(3l or (7). Flonela Statutes. prior
I to such WlUV _ Part B must be filed. if applicable. with the lovenunl: body of the POlitlCal subdivision in which the reportinl: person is servin!:. It is N'lestee:
that this disclolNJ"e be made prior to the subject transaction.
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~ 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 OFnCE
I OR EMPLOYMENT. DEMOTION, REDUCTION IN SALARY. REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED '6.000.
'CE FORM 4,., - RE\'. 12-711