Resolution 2000-343
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RESOLUTION No. 00- 343
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY REQUESTING PROMPT COMPLETION OF LOAN
INVESTIGATION AND PUBLICATION OF RESULTS
WHEREAS. the Collier County Commission has been plagued with ethical and legal
concems over the past several years; and
WHEREAS, those ethical and legal problems have resulted in public distrust of local
elected of(;cials; and
WHEREAS, this cloud of distrust and cynicism has damaged the community of Collier
County; and
WHEREAS. questions arising regarding a loan made to Commissioner Constantine's
business interest have perpetuated this distrust and cynicism; and
WHEREAS. Commissioner Constantine has referred the documentation of said loan
to the State Attorney's office for investigation; and
WHEREAS, pending the outcome of the State Attomey's investigation, the relevant
documents are not being made available for public review; and
WHEREAS, there is a genuine public interest in resolving the questions associated
with the loan because of the Impact to the public trust in local elected
officials; and
WHEREAS, the Collier County Commission supports open, honest govemment and
is committed to restoring the public trust in its local elected officials;
NOW, THEREFORE, BE IT RESOL VED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: it is
hereby respectfully requested that the State Attorney for the 2dh Judicial
Circuit promptly complete its review of the Educorp, Inc. loan
documentation and with all deliberate speed make public the results of
anyon-going investigation in this regard.
This Resolution adopted this dot day of ~4;.".}, 2000, atter motion,
second and majority vote.
--,;.
ATTEST: .-
. DWIGHT E.~OCK, CLERK
Att,,::,; uS to Chl1'l"IIIfl'S
~iW1atl.!re onlJ.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
I?Y:
~- ~ ~:e
amiro Manalicti
Chief Assistant County Attorney
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME~FIRST NAME MICOLE NAME
NA.I,lE OF BOARD. COUNCil. COMMISSION, AUTHORITY,
E
COUNTY
H A.C 0
WHICH I seRVE 1$ A UNIT OF.
o CITY COUNTY
NAME OF POLITICAL SUBDIVISION:
o OTHER LOCAL AGENCY
MAILING ADDRESS
CITY
DA rE ON WHICH VOTE OCCURRED
MY POSITION IS;
ElECTIVE
o APPOINTIVE
WHO MUST FILE FORM as
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 ot advisory and non-advisory bodies who are presented with a vollng
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a cantliet of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay dose anention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal. or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local oHicer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss 01 a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Seo::_ 163.350 or
163357, F.S., and oflicers of independent spedal tax dlstric:s elected on a one-acre. one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a 'relatlve" includes only the officer's father, mother, son. daughter, husband, wife. brother. s;ster, father-in.law,
mother-in-law. son.in-Iaw, and daughter-in-law. A "business associate" means any person or entity engaged In or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner 01 property. or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange),
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature 01 your interest in the measure on which you
are abstaining from voting: and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and Ii ling this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conllict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
. You must complete and file this form (before making any allempt to influence the decision) with the person responsible for recording the
minutes of the meeting. who will incorporate the form in the minutes. (Continued on other side)
CE FORM sa - REV. 1/98
PAGE 1
APPOINTED OFFICERS (continued)
lOE
. A copy of the form must be provided immediately to the other members ot the agency.
. The form must be read publicly at the next meeting atter the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
. You must disclose orally the nature of your conflict in the measure before participating.
. You must complete the torm and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the torm in the minutes. A copy of the form must be provided immediately to the other members of the
agency. and the form must be read publicly at the next meeting after the form is filed.
/'
_ DISCLOSURE OF LOCAL OFFICER'S INTEREST
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( A>4-JA."~....c , hereby disclose Ihat on ql"7~
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(a) A measure came or will come before my agency which (check one)
I,
inured to my special private gain or loss;
inured to the special gain or loss at my business associate,
inured to the special gain or loss of my relative.
inured to the special gain or loss of
, by
whom I am retained; or
inured 10 the special gain or loss of
is the parent organization or subsidiary ot a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
. which
10 E Resolution the State Attorney's office to promptly complete its review
of the Ed~corp, Inc. loan documentation and with all deliberate speed
make publlC the results of any on-going investigation in this regard.
After consultation with the County Attorney, J abstained from voting on the above matter pursuant to Section 286.012, Florida
Statutes, which provides that "no member of any state, county, or municipal governmental board, commission or agency who is
present at any meeting of such body at which an official decision, ruling or other official act is to ~e taken or adopted may abstain
from voting. . . except when, with respect to any such member, there is or appears to be, a ~Ie tonflict of interest under the
provisions of 112.311, S.112.313, or S.112.3143. In such cases, said member shall conwlY with the disclosure requirements of
8.112.3143." .
9~ ;;;; lo- 00 /
Dale Filed
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317, A FAlL.; TO MEANY REOUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY 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 $10,000.
CE FOAM 88. REV. 1198
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