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Resolution 371-1994 RESOLUTION NO 371 -1994 A RESOLUTION WAIVING PROHIBITION AGAINST CONFLICT OF INTEREST FOR SHANNON POWELL AS A MEMBER OF THE BOARD OF DIRECTORS OF THE GREATER MARATHON CHAMBER OF COMMERCE SERVING AS DISTRICT III 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 conflic~g ~Ploy~nt o~ontractual relationship, respectively, except pursuant to a waiver under Fla. Stat. ~ 112.313(12) by b~{"~Ch appointe{ghe person to the advisory board upon a full disclosure of the transaction of the appointing SBOdY (ThAoard"TX>f County .:) .., 0 Commissioners) prior to the waiver and an affirmative vote by 213 vote of that body, and - ~ ~~" w "AJ z::t: :;0 WHEREAS, Shannon Powell has made full disclosure of her affiliation wit~t!'e Mon~ Co~ty Tourist Development Council concerning Conflict of Interest. ::!, ~ ~ --.. ' 0\ '"', WHEREAS, the Board of County Commissioners wishes to waive the prohibition against Shannon Powell'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 Shannon Powell, a member of the Tourist Development Council's District III Advisory Committee, who is a member of the Board of Directors of the Greater Marathon 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 Greater Marathon 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 Y!!:!L_ Commissioner Wilhelmina Harvey Y~JL_ Commissioner LondCY1. -y.e5-- Commissioner, fuug1ass -Y~- Commissioner Maryl<ay Reich ~_ PASSED AND ADOPTED by 213 vote of the Board of County Commissioners Monroe County, Florida, at a regular meeting of the Board held on the 22nd day of Noveni:>er , 1994. (SEAL) Attest: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONR COUNTY, FLORIDA By~~ By Mayor an Approved as tD form and legal sufficiency by: ~~.;#:; ome:4ii/f'I , "FORM 4A DISCLOSURE OF BUSINESS TRANSACTION, RELATIONSHIP, OR INTEREST '.~~i-F~~::~DDLEL~IAL lo~=r _~^-., , M",ILING ~DRESS i } I AGENCY /ADVISOR Y BOARD I Il"),~ ~~S tJbJ i ~;J1:;f: i!C1TY ZIP I COUNTY I ADDRESS OF AGENCY ,~~ ,33,00 ~r&<- PART A - DISCLOSURE OF TRANSACTION OR RELATIONSHIP CONCERNING ADVISORY BOARD MEMBER WHO MUST COMPLETE THIS PART Sections 112.313(3) and 112.313(7), Florida Statutes. prohibit certain businns relationships ,on the part of public officers and employees, including persOfl$ serving on advuory board5. 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 appointin&: official or body to waive these requirements in a particular imtancE' provided: (a) waiver by the appointing body must be upon a two-thirds affirmative vote of that body: or (b) waiver by the appointinc person must be effected after a public hearinc: and (c) In either case the advisory board member must fu.lly disclose the transaction or relationship which would otherwise be prohibited by Subsections (3) or (7) of Section 112.313. Florida Statute5. Thu Part I of Form 4A hu been prescribed by the Commission on Ethics for such disclosure, if and when applicable to an advisory board member. I Please complete the following only if required to do so in Ji&ht of the above: 11. The Partnership. directorship. proprieto1'8hip. ownership of a material Interest. position of officer, employment. or contractual relationship which would otherwise violate Sublection (3) of (7) of Section 112.313. Florida Statutes is held by: ( ) The reportinc person; Pursuant to Section 112.313(3), Florida Statutes: Spouse of reporting person whose name Is or ( ) Child of the report\ni person whose name u 2. The particular transaction for which this waiver is soulht Involves: L Supplying the following realty, goods and/or services: b. The following business entity wID supply theM commodities: c. The relatioJUhip of the undersigned advisOry boud member or spouse or child of such advisory board member to the person or busineu entit}' transacting this buslneu is l check applicable spaces] : ) Officer; ( ) Parmer; ( ) Associate: ( ) Sole Proprietor; ( ) Stockholder; ( ) Director; ( ) Owner of In exceu of 6% of the assets or capita! stock In such busineu entity: ( Public Officer or employee boldine a contractual relaUoJUhip with such buslneu entity; ( ) Other, please descz:lbe: 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 business relationships on the part of public officers and employees. See Part nt. Chapter " 112. Flozlda Statutes and/or the broc:hure entitled "A Guide to the Sunshine ADlendment and Code of Ethics for Public Officers. Candidates and Employees" for more detailJ on thell! prohibitions. However. Section 112.313(12)(e). Florida Statutes (1979) provides an tlXempUon from the above-mentioned reltrictions : in the eYent that the buslneu entity involved is the only source of supply within the political subdivision of the officer or employee. In such cues the officu's or : employee's interest in the business entity must be fully disclosed to the eovemil1& bodY of the politlcallllbdtvillon. This Part of Form "A hu been prelCribed by I the Commiss:ion on Ethics for such disclow.re. if and when applicable. , Please complete the following only If required to do so in light of the above: 1. The loods or services being supplied by a business entit). with wblch the undersigned pUblic officer or employee or SPOUM or child of such officer or employee is involved inc.lude(s) 2. The business entity which Is the only source of supply of the above 100ds or lervices within the polilical subclivillon is: (NAME OF ENTITY) (ADDRESS) 3. The interest of the undersicned pUblic officer or employee or SPOUIe or child of such officer or employee in the business entity named in Item 2 above is [check applicable spaces] : ( ) Officer; ( ) Parmer; ( ) Associate: ( ) Sole Proprietor; ( ) Stockholder; ( ) Dizector; ( ) Owner of In excelS of &'1i> of the assets or capital stock In IIlch busin'ess entity: ( ) Public officer or employee holdin, a c-ontractual relatioJUhip with such buslneu entlh'; ( ) Other, please deKribe: SIGNATURE I DATE SIGNED I ' ! ib - Z<( -0-<..f FILING INSTRUCTIONS I DATE FILED !S'~~LL Part A of this Form must be filed. if applicable. with the appointing bod}' or person waiving the restrictions of Section 112.313(3) or (7), Floriaa Statutes. prior I to such waiver. Part B must be filed. if applicable, with the 1l0verninJ: body of the politlcal subdivision in which the reporting person is servinl;. It lS suuestec that this disclosure 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 OFFICE. I OR EMPLOYMENT. DEMOTION. REDUCTION IN SALARY. REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED '&.000. 'CE rORM '^ . REV. 12-711