Resolution 237-1992
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RESOLUTION NO. 237 -1992
..'
F!LED ~ OF RE(~ORr.
A RESOLUTION WAIVING ANY CONFLICT OF INTEREST FOR
BILL WICKERS, JR., AS CHARTERBOAT CAPTAIN, DClNG\PR 30 A 8 :29
BUSINESS WITH AGENCY PRODUCING A FISHING
TOURNAMENT FUNDED IN PART BY THE MONROE couN'TVl
TOURIST DEVELOPMENT COUNCIL. ~l~HRU; i~,j Ii
WHEREAS, under Florida Statutes 112.313(3), a member of the Tourist
Development Council, an advisory board, is prohibited from doing business with
one's agency except that the requirements of Fla. Stat. ~112,313(12) by the
bOdy which appointed the person to the advisory board upon a full disclosure of
the transaction to 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, Bill Wickers, Jr. has made full disclosure of his affiliation with
the Texaco Hemingway Key West Classic fishing tournament concerning Conflict
of Interest.
WHEREAS, the Board of County Commissioners wishes to waive Bill
Wickers Jr.'s conflict in Fla. Stat. 112.313(3) by waiver under ~112.313(12),
now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, as follows:
Section 1. As per ~112.313(3) and ~112.313(12), Florida Statutes, a
waiver is hereby extended to Bill Wickers Jr., a member of the Tourist
Development Council who is doing business with the Texaco Hemingway Kay
West Classic fishing tournament, which is funded in part by the Monroe County
Tourist Development Council, as follows:
an amount of $1,000.00 paid to Bill Wickers, Jr. to serve as Chairman of
the Rules Committee for the Hemingway Key West Classic Fishing
Tournament.
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 Harvey Yes
Mayor Pro Tem London Yes
Commissioner Cheal Yes
Commissioner Jones Yes
Commissioner Stormont Yes
PASSED AND ADOPTED by 2/3 vote of the Board of County Commissioners
of Monroe County, Florida, as a regular meeting of the Board held on the 22nd
day of Apri 1 ,1992.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
~~~
Mayor/Chairman
(SEAL)
Attest:
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Approved as to form and legal sufficiency:
By: br~4-~
D~e: ~/~o;9~
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.~. --R)RM 8B 1\....wJORANDUM OF VOTING CONFLlcl FOR
'COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
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MY "OS II ION IS:
o ELECTIVE
APPOINTIVE
WHO MUST FILE FORM 88
This form is for use by any person serving at the county. city. or other local level of government on an appointed or elected board.
council. commission, authority. or committee. It applies equally to members of advisory and non-advisory bodies who are presented
with a voting conflict of interest under Section 112.3143. Florida Statutes.
Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form
before completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
ELECTED OFFICERS:
A person holding c1ecti\e county. municipal, or other local public office MUST ABSTAIN from voting on a measure which inures
to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special
gain of a principal (other than a government agency) by whom he is retained.
In either case, you should disclose Ihe conflict:
PRIOR TO THE VOTE BEING TA~EN by publicly stating 10 the assembly the nature of your interest in the measure on
which you are abstaining from votin!;; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with Ihe person responsible for recording
the minutes of the meeting, who should incorporate the form in the minutes.
APPOI'TED OFFICERS:
A person holding appointive county, municipal. or other local public office MUST ABSTAIN from voting on a measure which
inures to his special private gain. Each local officer also is prohibiled from knowingly voting on a measure which inures to the
special gain of a principal (other than a government agency) by whom he is retained.
A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must
disclose the nature of the conflkt before making any attempt to influence Ihe decision by oral or written communication, whether
made by the officer or at his din:ction,
IF YOU INTEND TO !\1AKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WILL BE TA~EN;
· You should complete and file this form (before making any attempt 10 influence the decision) with the person responsible for
recording Ihe minutes of Ihe meeting, who will incorporate the form in the minutes.
· A copy of Ihe form should be provided immediately to the other members of the agency,
· The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest.
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Ii; YOU M;'\KE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
. YCHI should disclose orally the nature of your (onflict in the measure before participating.
. You should wmplele the form and rile il within 15 days after the vote occurs wilh the person responsible for recording the minutes
or the meeting. who should incorporate the form in the minutes.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
:illl j{lhk~1?5' , hereby disclose that on ( j)V/!I't:) q :J?a~!,/sl, 19_:
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(a) A measure came or~ome before my agency which (check one) I
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_ inured 10 my special private gain; or l ~ Y. !1IJ' )
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_ inured 10 the special gain of ' by whom I am retained.
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(b) The measure before my agency and the nature of my interest in Ihe measure is as follows:
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Date Filed.,jo Signature , 'to ,~~'
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317 (\985). A FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MA Y BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.
PAGE: ~
Cf ~ORM XIl- 1-91
'OK~~ErY ~O~~~04~E
(305) 294.4641
310 Fleming Street
Key West, FL 33040
(305)292-3470
March 12, 1992
Mr. Bill Wickers
161 Key Haven Road
Key West, FL 33040
RE: Conflict of interest inquiry
Dear Mr. Wickers:
BOARD OF COUNTY COMMISSIONERS
MAYOR, Wilhelmina Harvey, District 1
Mayor Pro Tem, Jack London, District 2
Douglas Jones, District 3
A. Earl Cheal, Districl 4
John Stormont, District 5
On March 11, 1992, you and 1 spoke by telephone and you inquired
as to wh~ther there would be a conflict of interest and whether
it could be resolved with respect to a particular situation. You
inquired whether it would be permissible for you to accept an
appointment as the chairperson for a judging cODDDittee for the
Texaco/Key West Classic, a fishing tournament which receives
funds through the fishing umbrella. The fishing umbrella is a
mechanism by which funding is made available from the !DC to
Florida Keys Fishing Tournaments, Inc., and member tournGlent
associations. You advised that this classic is a four-day event
and that the role which you would play, which role would be
compensated, would be as the chairman of the judging committee.
The judging committee has the responsibility of resolving any
disputes which might arise from protests by anglers as to the
legality of catches by their fellow anglers, and the tabulating
of scores and decisions as to the winners.
While I suggested that it would definitely not be a conflict if
you chaired the committee without accepting compensation, I
advised you that I would have to do a little research to be able
to advise you as to the ability to accept the position and
compensation therefor. I have conducted that research and
concluded that you may, indeed, accept the position under one of
two possible scenarios.
Since you are a member of an advisory board, under Fla.Stat.
112.312(12) you can, upon full disclosure to the Board of County
Counnissioners and a two-thirds vote of the full Commission,
obtain a waiver of the conflict of interest.
You may also, under Sec. l12.3l2(12)(f), be able to take on the
engagement if the total amount of monies which you receive from
- 2 -
all transactions witb the FKFT or its member tournament asso-
ciations which are f\mded by the fisbing umbrella do not exceed
$500 per year.
In a second pbone cOllversation with you, upon learning the amount
in question would exceed $500. I advised you to contact Mrs.
Riggs' office to arrange for the filing of the appropriate
disclosure form and placement on the BCC agenda of your request
for waiver of apparent conflict. This letter commemorates that
advice. If I can be of further assistance or can answer any
questions you may have, please feel free to call me.
SinCerelY., ,II, I I ~ //
/ytl~
UZ A. HUTTON
Assistant County Attorney
SARI j eh
cc: Mayor Feiner
Sandra Higgs