Loading...
Agenda 04/14/2009 Item #16K 5 i\genda :tem No. 16K5 /\priI14,2009 Page 1 of 5 EXECUTIVE SUMMARY Request that the Board of County Commissioners review and approve the County Attorney's recommendation to waive any potential ethics conflict for a Parks and Recreation Advisory Board member based on Ch. 112, Florida Statutes. OBJECTIVE: For the Soard of County Commissioners to review and approve the County Attorney's recommendation to waive any potential ethics conflict for Parks and Recreation Advisory Soard (PARAS) member John Ribes. CONSIDERATIONS: John Ribes, PARAS Chairman, asked the County Attorney's Office to review his private company's business relationship with Collier County to determine whether any potential ethics violation may exist under Ch. 112, Florida Statutes, In summary, although there may be a potential ethics violation, based on the specific facts of this conflict, the conflict may be waived by two-thirds vote of the SCC. Summarv Mr. Ribes is a partner in JRL Design, a local landscape architecture firm. JRL Design is on a fixed-term contract with Collier County for professional services. JRL Design is currently working on projects for the Immokalee MSTU. JRL Design has also worked on other County projects. JRL Design is not currently under contract with Collier County for any Parks and Recreation projects, and at this time, JRL Design does not have any plans to bid or respond to any solicitations for any Parks and Recreation projects. As an advisory board member, Mr. Ribes is considered a public officer and subject to the restrictions found in Chapter 112, Fla. Stat., Code of Ethics for Public Officers and Employees. Florida Statutes Section 112,313(3), Fla. Stat., Doing business with one's agency, provides in relevant part: "Nor shall a public officer or employee, acting in a private capacity, rent, lease, or sell any realty, goods, or services to the officer's or employee's own agency, if he or she is a state officer or employee, or to any political subdivision or any agency thereof, if he or she is serving as an officer or employee of that political subdivision." - Section 112.313(7)(a), Fla. Stat., Conflicting employment or contractual relationship, provides in relevant part: "No public officer or employee of an agency shall have or hold any employment or contractual relationship with any business entity or any agency which is subject to the regulation of, or is doing business with, an agency of which he or she is an officer or employee, excluding those organizations and their officers who, when acting in their offiCial capacity, enter into or negotiate a collective bargaining ,II.genda Item No. 16K5 .".pril 14, 2009 Page 2 of 5 contract with the state or any municipality, county, or other political subdivision of the state; nor shall an officer or employee of an agency have or hold any employment or contractual relationship that will create a continuing or frequently recurring conflict between his or her private interests and the performance of his or her public duties or that would impede the full and faithful discharge of his or her public duties." Discussion It appears that both of these statutory provisions would arguably be violated based on JRL Design doing business with Collier County, The nature of the conflict is a status conflict. It is different from a voting conflict. It is based strictly on Mr. Ribes' status as an advisory board member. As a status conflict, the BCC may waive this strict violation, Mr. Ribes' status conflict is arguably different from other status conflicts which the County Attorney's Office has reviewed, In this case, Mr. Ribes' PARAB membership does not in any way relate to JRL Design's work for the County, The County Attorney's Office has reviewed other status conflicts and recommended aaainst seeking a waiver from the BCC based on the direct relationship between the advisory board membership and the work that the private company was doing. For example, Mr. Ribes' inquiry would have resulted in a different recommendation if Mr. Ribes' company were working on Parks and Recreation projects, The relationship would be too closely connected and would potentially reflect negatively on Mr. Ribes, his company and the BCC, However, Mr. Ribes' inquiry does not involve any Parks and Recreation projects, and therefore we feel it is appropriate to request a waiver, FISCAL IMPACT: None, GROWTH MANAGEMENT IMPACT: None, LEGAL CONSIDERATIONS: This is a non-quasi judicial matter and as such ex parte disclosure is not required, This item requires at least two-thirds majority support, _ CMG RECOMMENDATION: That the Board of County Commissioners waive any potential ethics conflict for Parks and Recreation Advisory Board member John Ribes based on Ch, 112, Florida Statutes, Prepared by: Colleen M, Greene, Assistant County Attorney and Jeffrey A Klatzkow, County Attorney 05-BCC-01242/1336 Page 1 of 1 Agenda Item No. 16K5 l'.pr;114,2009 Page 3 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16K5 Meeting Date: Request that the Board of County Commissioners review and approve the County Attorneys recommendation to waive any potential ethics conflict for a Parks and Recreation Advisory Board member based on Ch 112, Flonda Statutes. 4/14/200990000 AM Prepared By Colleen Greene Assistant County Attorner Date County Attorney County Attorney Office 4/8/20099:24:46 AM A pproved By Jeff Klatzkow County Attorney Date County Attorney County Attorney Office 4/8/20093:58 PM Approved By Leo E. OChs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 4/8/20094:30 PM It2m r,!o. 16!<5 J\priI14, 2009 ?age .1 01 5 FORM 4A DISCLOSURE OF BUSINESS TRANSACTION, RELATIONSHIP OR INTEREST I'&E.'S ,z... \ 'b \Vt:7CO:st-\ ~ ZIP c OFFICE I POSITION HElD ~/...-I".. AGENCY OR ADVISORY BOARD t=. COUNTY P,.b..i2A\? ADDRESS OF AGENCY Go\.. a<.. 1-1. CO\...\..\6'!. ~<5i\D~ ~ HOW TO COMPLETE AND FILE THIS FORM: Pans A and B of this form serve two dlnerent purposes. Part A Is for advisory txJard members who wISh to use an exempllOn m the ethics laws that It; appllcable only to advisory boaId members. Part B is. for public officers and employees who wish to use a sepa. rate exemption that is applicable when lhe busWtess entity involved Is the sole source of supply wtthln the pontical 8ubdMsiOn. in order to complete and file Ihls form: . FIll out Part A or Part B, as applicable. . Sign and date the farm on the reverse side.. . File P8rt Awlththe .ppolnting body or peISOn thai win be waiving the restJictions of 112.313(3) or (7), FIa. SIal, prior to the waiver. . File Part B with the governing body of the potitical subdivision in which the reporting person is serving. prior to the transaction. PART A - DISCLOSURE OF TRANSACTION OR RELATIONSHIP CONCERNING ADVISORY BOARD MEMBER ." mlS PAAT: Sectlons 112.313(3) .nd 112.313(7}, Florid. Statules, prohibit certain buSiness relationships on the part 01 public office", and employeas, incIL<ling penlOO6 serving on advisory boams, See Part III, Chapter 112. Florida StaWtes. andIortho brochure entitled uA Gukle to the SUnshine Amendment and Code of Ethics for Publ.ic Offtcers and Employees. for more dolelle on these prohibitions, However, S.cIion 112.313(12), Aoride S_, permlls the oppo!nting offici.1 or body to waIv. these requiromanls In. portlculer instance provided: (0) waiver by the appointing body must be upon a_ aflIrmetivo vote of thai body; or (b) waiver by lhe .ppointlng POISon ITlJSt be efIectsd .lter 0 public hearing: ond (e) In elIher case the _!sexy board member must fully disclose the bansadlon or reI.tionshlp which would otherwise be prohibited by Subsoclions (3) of (7) of SocIIon 112.313, FIorld. Statutes, This Perl of Form 4A has been prescrfbod by the Commission on Ethics for sum disclosure, if and when eppllcsble to an acMsory board member. PLEASE COMPLETE tHE FOLLOWING: 1.. :ThE! parlne"'hlp, dlrectorohlp, proprietolShip, owne",hip of a maleriai interost, position of officer, employment, or conbactuel rel3tlonohlp which would ot""_ violate Subsection (3) or (7) of Section 112.313, Florida S_. Is held by (pIoeae cI1eck .ppncablo spoee(s)}: C>Q Tha "'porting po",an; ) The opouse of the reporting po...." wI1oso name Is ) A child of tho reporting person, whoso name is 2. The particular lIan..cIion or relationship for which tl1is waiver is soughllrMllves [check applicable spacal: (~ Supplying the fcIIcwIng Rl8lty, goads. andl~ .u..\"II;><:,c.6l>~ ~("'l;€Ct\JRE:. ~ :or ( J Regulotion 01 the business enllty by tl10 go..mmontal agency SOlVed by the advisory board member. 3. The following business entity is doing business with or regulated by the governmental agency:. j . ~Ou.H'D L.\~ f'\.,\.C. db.. .j~I..." os:.tG-ti. L.l.f'II;7~\'1El ~\wq 4. The relationship of the undersigned advisory board member, or spouse or child of the advisoJy board member, to the busl-- ness entity transacting this business is (check applicable spaces]: ()\l OIllcer, ('/0) Partner, t ) .....oci."'; ( ) Sole proprietor, ( ) Stockholdor, ( ) Director. (\Q Owner of in e""..ass of 5% of the assets of capllal stocI< In such business entl1y: ( ) Employee; ( ) ContrncJual relallooship witl1lhe buslnass enllly; (y.) Other, please describe: ~IDEHT CEFORW4I.-REV.1.... [CONTINUED ON REVERSE SIOEl Aoenda item No. 15K5 - P,pril 14. 2009 Page 5 of 5 PART B - DISCLOSURE OF INTEREST IN SOLE SOURCE OF SUPPLY iwHo MUST COMPLETE THIS PART: Sections 112.313(3) and 112.313(7), Aarida Statutes, pmhibft cer1aln employment and business reIaIIonships on the part of pub- Dc officers and employees. See Part III, Chapter 112. Florida Statutes. andIor lhe brochuJ9 entflled -A Guide to the Sunshine Amendment and Code 01 Ethics for pubnc Officers and Employ.... for mono delalls on these prohlbllions. However, Section 112.313(12)(e), Florida S_, provides en exemplion from the above-menlioned Ill81Jiclions in the event thel the business enIlty Involved Is the only SOUIt:8 of supply within the polltlcal sulxlMsion of the oIlicer or emplayee, In such cases the om_s or employee's Interest in the business llI11ily ITOIIl be fully disclosed to the govemlng body of the political aulxlMsion. This Part 01 Fonn 4A has been pmscribed by the Commission on Ethics for such disclosure, if 8Ild when spp/icab/a PlEASE COMPLETE THE FOLLOWING: 1. The partnership, directol8h1p, proprie!orshill, ownerehlp ole ma_llnta-, position of oftIc8r. employment, or conlrectual relationship which would olIlelWise violate Subsection (3) or (7) 01 Sec\Jon 11 Z.313, Florida Statutes, is held by [pleese check appDc:able space(s)~ ) The "'porting person; ) The spouse of the reporting person, __ name Is :01' ) A child or the "'por1lng person. __ name Is Z. The l'olIowIng "'" the goods, realty, or services being supplied by a business antity with which the pubHc officer or employee, or spousa or child of sucl1 officer or employee, Is involved Is; 3. The business entity which Is the only soun;e of supply 01 the goods, really, or ee!Vices wilhln the poiiticalBulxlMsioo is: (NAME OF ENTITY) (ADORESS OF ENTITY) 4. The "'lalionshlp of the undel8igned pubic officer or employee, orBpousa or chnd of such oftIc8r or employee, to the bus!- - ~,entity named in Item 3 above Is (check allPllclibIe spaces]; ( ) Officer, ( ) Partnar, ( ) As&ocIata; ( ) Sole pmpriaklr; ( ) Stockholder, ( ) Dlmctor, ( ) Own... of in exces& of 5% of Iha a..ets or capital stock In such business en1J1y; ( ) Employ9&; ( ) ConbactuaJ reJaIIonshlp wlUllha business antily; ( ) OIhBr, please desa1be: SIGNATURE ~~ DATE SlGHED OATE FILED ~ 4'60& 'o-=, . NonCE: UNDER PROVlSIONSOF FLORIDA STATVTES So 112.317. A FAILURE TO MAKE Mf'f REQUIRE:DOISCLOSURE CONSTITUTES GROUNDS FOR AND MAY Be PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACH WENT. REMOVAl. OR SUSPENSION FROM OFFICE OR EMF>tOYMENT, DEMonON. REDUCTIQN IN &A.LARY REPRIMAND. OR A CIVIL PENAllY ~OT TO EXCeED $10.0fI0. CE FMII4A_ REV. 1.;1 ICDNnNUED FROM FIRST SIDE]