Resolution 368-1994
RESOLUTION NO. 368
-1 994
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WHEREAS, under Florida Statutes ~ 112.313(3) and (7), a member of the Toari~ bevelfilnent -bouncil, an
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advisory board, is prohibited from doing business with one's agency and having conflic~~e!'11plo.nt oP:Contractual
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relationship, respectively, except pursuant to a waiver under Fla. Stat. ~ 112.313(12) by b~_~'mlch aliointe~he person
to the advisory board upon a full disclosure of the transaction of the appointing ~bdy. (Th30arAf County
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Commissioners) prior to the waiver and an affirmative vote by 2/3 vote of that body, and ~~ 0\
WHEREAS, Richard Drake has made full disclosure of his affiliation with the Monroe County Tourist Development
A RESOLUTION WAIVING PROHIBITION AGAINST CONFLICT OF
INTEREST FOR RICHARD DRAKE 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.
Council concerning Conflict of Interest.
WHEREAS, the Board of County Commissioners wishes to waive the prohibition against Richard Drake's conflict in
Aa. 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
Richard Drake, 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 Freanan _ye.s._
Commissioner Wilhelmina Harvey ~e.s._
Commissioner London _;tea-
Commissioner Douglass _)[e.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.
By~~~
eputy erk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By~~
~;J~ - :;~~r
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
Approved as to form and legal sufficiency by:
~FORM 4A DISCLOSURE OF BUSINESS TRANSACTION, RELATIONSHIP, OR INTEREST
'i.AST'N-At.iE-=-FIRSTN-AME -=- Mlom"E INITIAL : O~'FICE /l'-OSITION
I
DR~l<E. RI~RD 'A'l .m I BOARD Mp.IVfRF''R
MAILING ADDRESS I AGENCY /ADVISOR \' BOARD
I %TIB BANK OF THE KEYS, P.O. BOX 2808 i --KEY IARC'-O rFU'..rl'fRRp OF~
; CITY ZIP COUNTY ADDRESS OF AGENCY
KEY LARGO 33037 MONROE 105950 OVERSEAS H I~]AY, KEY LAPC-o, FL 33037
PART A - DISCLOSURE OF TRANSACTION OR RELATIONSHIP CONCERNING ADVISORY BOARD MEMBER
WHO MUST COMPLETE THIS PART
SeetlolU 112.313(3) and 112.313(7). Florida Statutes. probiblt eertain business relationships on the part of publle oHicers and employees. including persons
se!'Vin1 on advisory boardL See Part Ill. Cbapter 112, Florida Statutes and/or the brochure entitled "A Guide to the Sunsbine Amendment and Code of Ethics
for Pub lie Offieers. Candidates and Employees" for more details on these prohibitions. However. Seetion 112.313(12). Florida Statutes (1979) permits the
appointinl official or body to waive these requirements in 0 partleu/or lrutance provided: (a) waiver b)' the appointinll body must be upon a two.thirds
affirmative vote of that body; or (b) waiver by the appointinl person must be effected after a publie hearin(l: and (c) In either case the advisory board member
must tully disclose the trans&etion or relationship wbieh would otherwise be prohibited by Subsections (3) or (7) of Seetion 112.313. Florida Statu teL This Part
of Form 4A has been prescribed by Ibe Commission on Ethics for such diselolUre. If and when app/lcob/I! to an advilory board member.
Pleue complete the foUowin(l only if required to do so in lilht of the above:
I. The partnership, directorship, proprietorship. ownership of a material Interest. position of offieer, emploYment. or contractual relationship which would
otherwise violate Subseetion (3) of (7) of Section 112.313. Florida Statutes is held by: ( ) The reporUn& person; Pursuant to Section 112.313(3).
Florida Statu tes:
persoD whose Dame is
Spouse of reporUn(l person whose narne is
or (
) Child of the report\ni:
2. The particular tranaaCtiOD for whieb this waiver is souJht involves:
L Supplyine the followinl realty. 100ds and/or services:
b. The followInl business entity will supply theae commodities:
c. The relationship of the uDders:\cDed advilol1 board member or spou_ or ebild of sueb advisory board member to the person or business entlo'
tnDS&ctInl th.is bwinessls [cheek applicable spaces]:
( ) Officer: ( ) Partner; ( ) Associate; ( ) Sole Proprietor; ( ) Stockholder; ( ) Director; ( ) Owner of In excess of 1i'lD of the assets or
capital stock in Neb business entity; ( Public Officer or employee boldInl a conUactual relationship with such business entity; ( ) Other. please
dacz:lbe:
PART B - DISCLOSURE OF INTEREST IN SOLE SOURCE OF SUPPLY
! WHO MUST COMPLETE THIS PART
Section 112.313(3) and 112.313(7). Florida Statutes. prohibit certain business relationships on the pan of public officers and employees. See Part nt. Chapter
112. Flo:dda Statutes and/or the brochure entitied "A Guide to the Sunshine Amendment and Code of Ethics far Public Officers. Candidates and Employees"
for mare details on theae prohibitions. However. Section 112.313(12){e). Florida Statutes (1979) provides an exemption from the above-mentioDed, rellUictions
in the event that the bwiness entity involved is the only source of Il1pply within the politicalll1bdivision of the officer or employee, In a1ch cue, the officer', or
emploYee's interest in the busmelS entity must be tully discloaed to the IOVemU11l body of the pollticalll1bdlvision. This Part of Form 4A has been prescribed b)'
the CommiasIon on Ethic, for Neb discloaure. If and when applicable.
Pleue complete the foUowinl only i! required to do so in li&bt of the above:
1.
The loads or services bein(l supplied by a busInelS en tit)' with which the undersicned public officer or employee or spouse or child of Ncb officer or
employee is involved include{s)
The blUinesa entity whieb Is the only ,ource of supply of the above 10cci, or aervices within the political subdivision is:
,2,
I
I
: 3.
I
I
(NAME OF ENTITY)
(ADDRESS)
The interest of the undersilned pUblic officer or employee or spouse or child of Neb officer or employee in the business entity named in Item 2 above is
[ebeek applicable spaces] :
) Officer; ( ) Partner: ( ) AlSociate; ( ) Sole Proprietor: ( ) Stockho14er; ( ) Director; ( ) Owner of in excess of &'1;, of the assets or
capital stock in lUeb businelS entity; ( ) Public officer or employee holdine a contractual relationship with Neb business entit).; ( ) Other, please
delCrlbe:
SIGNATURE
I DATE SIGNED
I
ake, Jrl. 10/28/94
FILING INSTRUCTIONS
DATE FILED
Part A of this Form must be filed, if applieable. with the appointil1(l bod)' or peraon walYin; the restrictions of Sectlon 112.313(3) or (7). Floricla Statutes. prior
I to sueb waiver. Part B must be filed, if applicable, with thl' (lOveminll bodY of thl! politiCal subdivision in which thl' reporUnll person is servin&:, It is suuest.eC
that th.is discloSW'e be made prior to the subject transaction.
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~ 112.31'7 (1979). It FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES
GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOl.LOWING: IMPEACHMENT. REMOVAl.. OR SUSPENSION FROM OFFlCE
I OR EMPLOYMENT, DEMOTION. REDUCTION IN SALARY, REPRIMAND, OR A CIVIl. PENALTY NOT TO EXCEED IlI.GOO.
CE FORM 4A . RE\'. 12.711