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Resolution 369-1994 "" RESOLUTION NO 3 69 -1 994 A RESOLUTION WAIVING PROHIBITION AGAINST CONFLICT OF -~ INTEREST FOR URSULA BOLL AS A MEMBER OF THE BOARD,-= ;::. DIRECTORS OF THE KEY WEST CHAMBER OF ~Or.RJIER!'I: 'r"I SERVING AS DISTRICT I ADVISORY COMMITTEE MEMB.ER ~HOH ~, CHAMBER IS FUNDED BY THE MONROE COUNTyo~eURlt!I 0 DEVELOPMENT COUNCIL (MCTDC) TO PROVIDE TELfjiftONE"" ?C TOURIST INFORMATION SERVICES TO THE MCTDC. ~~:;'1 u,) .~ -z. ~"-' a c-: --'- (:) C A....: :.:. ":1\ WHEREAS, under Florida Statutes ~112.313(3) and (7), a member of the TGiuistDeve4'lpment "Council, an advisory board, is prohibited from doing business with one's agency and having conflicting employment or contractual relationship, respectively, except pursuant to a waiver under Fla. Stat. ~112.313(12) by body which appointed the person to the advisory board upon a full disclosure of the transaction of the appointing body (The Board of County Commissioners) prior to the waiver and an affirmative vote by 2/3 vote of that body, and WHEREAS, Ursula Boll 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 Ursula Boll'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 follows: Section 1 As per Florida Statute ~112.313(3) and Florida Statute 112.313(12), a waiver is hereby extended to Ursula Boll, a member of the Tourist Development Council's District I Advisory Committee, who is a member of the Board of Directors of the Key West 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 West 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 Freem:m ~g~__ Commissioner Wilhelmina Harvey yg~__ Commissioner London yes.__ Commissioner Douglass yes-- 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) BOARD OF COUNTY COMMISSIONERS :~~~ :~~~c. eputy C Mayor/Ch 'rma ------ Approved as 10 Iorm and legal sufficiency b~ ff~ ~~ Dale: .lfr~'1 _ FOAM 4A DISCLOSURE OF BUSINESS TRANSACTION, RELATIONSHIP, OR INTEREST -L.AST N-At.i~FllisT r,iAME -=-MIDDI..E INITIAL : O.;F-ICE,..-OSITlo"t.i- 0 , !JoLl Ue~uLA ~ IJ>~ J -C~-~,~ . , MAILING ADD~E~ / _ ~ _ D ,I AGENCY /ADVISOR Y BOARD _ f} l/". I W~~, ltr( ~ -(. _(j~ f D6tJ'/C lolq i _____~---UC<.j &w,~ i CITY Zl COUNTY I ADDRESS OF AGENCY L" n J I V; DA l))fAt 11'^- ~?>O\..\O USk , VOAA Ldl~ ~ ----I PART A - DISCLOSURE OF TRANSACTION OR RELATIONSHIP C~aRNING ADVISORY BOARD MEMBER 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 persom servinl on advisory boards. See Part Ill, Chapter 112. Florida Statutes and/or the brochure entitled "A Guide to the Sunshine Amendment and Code of Ethics tor Public Officers, Candidates and Employees" tor more details on these prohibitions, However, Section 112.313(12), Florida Statutes (1979) permits the appolntina; official or body to waive these requirements In a particular imtance prOVided: (a) waiver by the appointinll body must be upon a two.thirds a1firmative vote of that body; or (b) waiver by the appointing person must be effected after a public hearing: and (c) In either cue the advisory board member must tully disclose the transaction or relationship which would otherwise be prohibited by Subsections (3) or (7) of Section 112.313, Florida Statutes. This Pan of Form 4A hu been prescribed by the Commission on Ethics for such disclosure, if and when applicable to an advUory board member. Plea.ae complete the following only if required to do so in light ot the above: I, The partnership, directorship, proprietorship, ownership of a material Interest, position of officer, employment, or contractual relationship which would otherwise violate Subsection (3) of (7) of Section 112.313. Florida Statutes Is beld by: ( ) Tbe reporting person; Pursuant to Section 112.313(3), Florida Statutes: Spouse of reporting penon whose name is or ( ) Child of the report.!nj; penon whose name is 2. The particular transaction for which this waiver is soulht involves: a. SupplY!n& the following realty, IOods and/or services: b. The followinl business entity wID supply these commo4ities: c. The relationship of the undersianed advisOry board member or spOIUe or child of Nch advisory board member to the person or business ennt}' transacting this business is l check applicable spaces) : ) Officer: ( ) Partner: ( ,.) Associate; ( ) Sole Proprietor: ( ) Stockholder: ( ) Director: ( ) Owner of in excess of &" of the asseta or capital stock in Ncb business entity: ( ) Public Officer or employee boldiDl a contractual relat.ioDlhip wUb Nch bwinelS entity: ( ) Other, please descz:lbe: PART B - DISCLOSURE OF INTEREST IN SOLE SOURCE OF SUPPLY ! WHO MUST COMPLETE THIS PART Sect.ion 112.313(3) and 112.313(7), Florida Statutes, prohibit certain business relat.ionships on the part of public officen and employees. See Part nI. Cbapter 112, FloDda Statutes and/or the brochure entitled "A Guide to the SuDshine Amendment and Code of Ethics for Public Officers. Candidates and Employees" tor more details on these prohibltioDll. However. Section 112.313(12)(e), Florida Statutes (1979) pr0vi4es 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 employee. In sucb cues the officer's or i employee's interest in the busine.. entity must be fully disclosed to the lovemlni body of the political subdivision. Tbis Part of Form 4A bas been prescribed b}' i the CommiJISIon on Ethics for IUch disclosure. If and when applicable. I PI.... complete the following only if required to do so in li&ht of the above: 11. The loods or services being supplied by a business entit}" with which the undersicned public officer or employee or spouse or child of Ncb officer or employee Is Involved include<s) I 2. The business entity wblch Is the only source of supply ot the above 100ds or services within the political subdivision Is: I 13. I I (NAME OF ENTITY) (ADDRESS) The interest of the UDdem.ned pUblic officer or employee or spouse or child of Nch officer or employee in the business entit}' named in Item 2 above is [check applicable spaces) : ) Officer; ( ) Partner: ( ) Associate; ( ) Sole Proprietor: ( ) Stockho14er; ( ) Diftctor: ( ) Owner of in excess of &'Ji. of the asseta or capital stock in such business entity; ( ) Public officer or employee holdiDa a contractual relationship with such business entit}.; ( ) Other, pleaae deKribe: Part A of this Form must be filed, if apphcable, with the appointing body or person waivini the restrictions of Section 112,313(3) or (7), Florida Statutes, prior ~ to such waiver. Part B must be flied. if applicable. with thE' lovernini body of the politlCal subdivision in which thE' reportini person Is serving. It Is IUliestee that this disclosure be made prior to the subJect transaction. SIGNATURE ~ ~ fDATESlGNEn ) ~JLAJ t ! II ?h FILING INSTRUCTIONS I <I I DATE FILED , SIGNATURE NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES f 112.31'7 (19'79), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE Of' THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFnCI: I OR EMPLOYMENT, DEMOTION. REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED '1\,000. 'CE FORM 4A . HE\', 12.711