The URL can be used to link to this page

Home My WebLink About2000 06 12 Informational A Commission of Ethics Decision Information Agenda Item "A " June 12, 2000 - City Manager Page 1 of 1 COMMISSION AGENDA ITEM A Consent Informational Public Hearin s Re ular x June 12, 2000 Meeting Mgr.~h. / Authorization Dept. REQUEST: At the request of Commissioner Martinez, the City Manager recommends the Mayor and Commission review the Commission on Ethics finding that a violation of the Code of Ethics for Public Officers and Employees is not violated by virtue of Commissioner Martinez serving on both the City Commission and the Tuscawilla Homeowner's Association. PURPOSE: The purpose of this agenda item is to inform the Mayor and Commission of the Commission on Ethics decision regarding the question of a conflict of interest arising out of Commissioner Martinez serving on both the City Commission and the Tuscawilla Homeowner's Association. CONSIDERATION: A question was voiced relative to the state ethics law being violated by virtue of Commissioner Martinez serving on both the City Commission and the Tuscawilla Homeowner's Association. Commissioner Martinez has requested that the Mayor and Commission be advised of the Commission on Ethics Review of this matter in their October 1, 1998 Opinion Letter finding that a violation of the State Ethics Law is not committed by virtue of Commissioner Martinez serving on both the City Commission and the Tuscawilla Homeowner's Association. A copy of the opinion is attached for your review. FUNDING: Not Applicable RECOMMENDATION: For Information Only. A TT ACHMENT: Opinion Letter by Commission on Ethics COMMISSION ACTION: 6-05-2000 11 :40AM FROM AMARI. THERIA 3216396690 MAY..12' OOtFRll 09:39 FL COM~ f~ETHIC TEL:850 488 3~ , , Charle, A. Stumpelo. C'It.;, Peter .M. Dank.. v_ c,.,it 1mda McKnigl1t Batmarl &thy G. ChiAo)' Kenneth. R. Hart l>aYicl H. IV.tI.m lio..ad S. Mat&u Maaoy ..Alur. Pl..lall P$r Prieto -'Y".'l:" ~_.... ~,..\.'i~J~ .<:...;t;, "~' -~~ ~. 't.'j':' . r;-- '. ~':.",j'..~:","-'ft').....~. ~. ... " ~.,."(.r.......... .,~ '~~,. :~:. '. '\~~'; -'.~/;;~~~'~'~ ~~ ~'__'_'~_' "7J .....~;....A:~ -:~,),:Di..-'-' PLilip C. claypool G~~1fJ1 C_".J Bonnie J. WJliam. EucutiU(f Di,"/,,, Sbte 01 Flcm.La COl-L'tlSSION ON ETHICS 2822 RemlDl1tGt1 G~ Cb:dll, Sui+. 101 P.O. ~..... 1$109 T...u.~, FLS2311.S109 October 1, 1998 (850) 488-7864 p~ 218-1864 SnnQ)tU (850) ~3011(FAX) _.Gthie,.ttate.El.uJ Mr. Edward Mamnn,Jl". City Commissioner, District 3 City ofWlnrtt Springs 1126 East S. R. 434- Winter SprinGS, FL 32708 Re: Aclvisol)' Opinion Reql.u.'st Dear Mr. Martin~ I have been asked P) respond to your inquiry concerning your dPolal positions as City Commissioner and as board member for a homeowners usocUltion. To the exterJt that I can provide you with guidance using previous opinions rendered by me C()mmission. I will. The appJicablt' sla.nda:rd of COnd\lct is Section 112.313(7)(a}. Florida Statutes, which provides: CONF1JCTING EMPLOYMENT OR CONTRACTUAL RELA TIONSHIP.- No public offir.er or employee of an agency shall have or hold any employrnent or contractual ttlatiOn&hip with any husine:s:. enuty or any agcmcy whicl1 is liubject to the regulation of. or is doing busitle.s:., with an ~gellq of which he or she is an officer or employee. . .; no. shall an offiCer or elnplo~e of an ag~cy haw or hold any employment (IT c:omracnuu relationship that will create a oontimung or frequt'ntly rcc;urring amtlict between his or her private inter~t:l and. the performance of his or her publie duties, or that would impede the full and faithful discharge of his or her public duties. (Section 112.31S(7)(a), Florida Statutes (1997).] Section J 12.31.3(7)(a) prohibits a pnbllc offieer from having an eMployment or c.ontr.:actuaJ relationship with a bwin.ess entity (1f; agency which is doing business with or r~lat.ed by his agency. It alljO prohibits the public officer from having ao employment or contraclual relationship which creates a continuing or fNtqtiently reeurring conflict bt-tween his private inteJ'C$t$ and the pmonnnnt:e of his public duties, or which impedes tbe full and faithful discharge! of public duties. The ~ituation you describe has been addressed in a number ofiormal opiniom. Consistently, the Commi>>ion has opined tMt where the puiJlic officer Kervtl without COtnpcnsation or benefits as a P.2 P.002 6-05-2000 1 1 : 41 AM FROM AMARI, THERIA 3216396690 P.3 M~Y.'.'I2' OOIFR1) 09:40 FL COMM, ,.~ETHIC TEL:850 488 ~~ P. 003 -.. Mr. Edward Marcine%,Jr. Octobl!r1,1998 Page 2 director or officer of a llOflpn1lit c;;orpOl'ation_ he c;l~s nOl have a ~con1.ral;tual ~lationship" with me organi;l:ation for purposes ofSectiuu 112.313(7)(a.;, Florida Statutes. See CEO 92-31. Y OUT inquiry also implicaec:s the VQting coniJic:ta Jaw found in Section 112.3143(3)) f'Jarida Statutes, which prohibitlO loc:;aJ public o1ficm; from voting on matters which inure to their speeial private gain or Joss or to the special priva~ gain or .loss of a prineip:!l by whom they are Rtained. In CEO 79-66) the Commission opiJ\ed that a board or adjustment member did not have a. voting conflict when voting OD a matter opposed by a horneown~ anociancm ofwhfch he was p1t:$ident, since he $erved without compensation. The element of compensation is eriticuI to the determination of whether t1u: public ofIi~T j~ "retained'" by the principal. Accorclin,r,ly, based UPOtl the rationale Qfthe cited opinions, the Code of Ethics fOr Publlr; Offia:n and Employees wouk1lrot appear- to br: violated where you serve as a member of the Wintel> SPrilmS City Commission and also as an uncomperuBtt'd board me)'nbcr for yout" homeowners ~rion. I am hOjpful [hElL [his guidancc.is h~lpr~1 to you. trl)ur oIlice c~U\ be offi.lrl}rer atislstallCe. pJeaso do not he:Utalc 1.0 coutac:t ~Ii>. S~rely, -, Enclosures: CEO 79.66 and CEO 92-31