Resolution 583-1992
RESOLUTlON NO.
583
-1992
A RESOLUTION WAIVING ANY CONFLICT OF
INTEREST FOR MAYOR SAMUEL FEINER AS
CHAIRMAN OF THE MONROE COUNIY TOURIST
DEVELOPMENT COUNCIL SERVING AS CHAIRMAN
OF THE BOARD OF 3406 NORTH ROOSEVetT
BOUlEVARD CORPORATION WHICH IS FUNDED I)Y
THE MONROE COUNTY TOURIST DEVELOPMEltr'
COUNCIL 10 PROVIDE PERSONNEL SERVICES 10
THE MCroC.
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WHEREAS, under Florida Statutes g 112.313(3), a member of tli.e Toutist
Development Council, an advisory board, is prohibited from doing business with
one's agency except that the requirements of Fla. Stat. ~U 12.313(12) by body
which appointed the person to the advisory board upon a full disclosure of the
transaction of the appointing body (1be Board of County Commissioners) prior
to the waiver and an afJinnative vote by 2/ 3 vote of that body, and
WHEREAS, Mayor Samuel Feiner has made full disclosure of his affiliation
with the Monroe County Tourist Development Council concerning Contlict of
Interest.
WHEREAS, the Board of County Commissioners wishes to waive Mayor
Samuel Feiner's conflict in Fla. Stat 8112.313(3) in accordance with
8112.313(12), now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNIY COMMISSIONERS OF
MONROE COUNIY, FLORIDA, as follows:
Section 1. The requirements of 8112.313(3) and ~UI2.313(12) Florida
Statutes, a waiver is hereby extended to Mayor Samuel Feiner, a member of the
Tourist Development CouncB who is Chairman af the Board of the 3406 North
Roosevelt Boulevard Corporation, a no-profit organization, which is funded by
the Monroe County Tourist Development Councn to provide personnel services
for the Administration of the Tourist Development Council Executive Office.
Mayor Samuel Feiner wnI receive no compensation while fulfilling this position.
1
Section 2. So as to conform to the 2/ 3 voting requirement under Fla.
Stat. 1j112.313( 12), the following vote reftects the action of the Commissioners
as concerns this Resolution:
Mayor London
Mayor Pro Tem Cheal
Commissioner Harvey
ConunissionerFre~n
C onunissioner 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 18th day of November 1992.
Yes
Yes
Yes
Yes
BOARD OF COUN1Y COMMISSIONERS
OF MO COUN1Y, FLORIDA
'''''''''-
BY:
(SEAL)
Attest: DANNY La. ICOIBAGE, Clerk
~...w. e, ~~
Approved as to form and legal s
By:
Date:
2
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---,.- COtitLICT FOR
FORM 88 ~II:~ORANDUM OF VOTING
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
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FEINER SAMUEL .J . TOURIST DEVELOPMENT COUNCIL
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WIIICH I SFRVI' IS A I'NII OF:
P.O. BOX 510038 33051-0038 0 CIl) 0< COlINTY 0 0111[1{ LOCAL A<iF'CY
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KEY COLONY BEACH MONROE MONROE COUNTY
IMII 0' WI!lCIl \011 on'!'I{I{U) MY POSITION IS:
0 ELECTIVE ~ APPOINTIVE
WHO MUST FILE FORM 8B
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 elective 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 the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on
which you are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording
the minutes of the meeting, who should incorporate the form in the minutes.
APPOINTED 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 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.
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 conflict before making any attempt to influence the decision by oral or written communication, whether
made by the officer or at his direction,
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WILL BE TAKEN:
. You should complete and file this form (before making any attempt to influence the decision) with the person responsible for
recording the minutes of the meeting, who will incorporate the form in the minutes.
. A copy of the 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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IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
. You should disclose orally the nature of your .:onfli.:t in Ihe measure before participating,
. You should wmplete the form and file it within 15 days afler the vote o.:curs with the person responsible for recording the minutes
of the meeting, who should incorporate the form in the minutes.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I,
SAMUEL .J. FEINER
, hereby disclose that on
NOVEMBER 6
,193~:
(a) A measure came or will come before my agency which (check one)
_ inured to my special private gain; or
_ inured to the special gain of
, by whom I am retained.
(b) The measure before my agency and the nature of my interest in the measure is as follows:
APPOINTED CHAIRMAN OF THE BOARD OF THE 3406 NORTH ROOSEVELT
CORPORATION WHICH IS FUNDED BY THE MONROE COUNTY TOURIST
DEVELOPMENT COUNCIL OF WHICH I AM A MEMBER.
11/9/92
Date Filed
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317 (1985), 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 OR EMPLOYMENT, DEMOTION, REDUCTION IN
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.
CE ~OR\1 KIl, l.lIt
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