Agenda 03/10/2020 Item #16B 1 (Waive Ethics Conflict - Haldeman Creek MSTU Advisory Member)03/10/2020
EXECUTIVE SUMMARY
Recommendation to review and approve the County Attorney’s recommendation to waive any potential
ethics conflict for a Haldeman Creek MSTU Advisory Board member based on Ch. 112, Florida Statutes.
OBJECTIVE: For the Board of County Commissioners to review and approve the County Attorney’s
recommendation to waive any potential ethics conflict for Haldeman Creek MSTU Advisory member
Kathleen Riley Samblanet.
CONSIDERATIONS: Kathleen Samblanet is a member of the Haldeman Creek MSTU and is applying
for a Community Redevelopment Agency (CRA) Shoreline Stabilization Grant within the Bayshore
Gateway Triangle Community Redevelopment Area (BGTCRA). Mrs. Samblanet owns a home on
Haldeman Creek with a deteriorating seawall. The purpose of the Shoreline Stabilization Grant is to
assist with repair and replacement of deteriorating seawalls to prevent pollution and other materials from
being deposited into Haldeman Creek.
The CRA Director asked the County Attorney’s Office to determine whether any potential ethics violation
may exist under Ch. 112, Florida Statutes based on Mrs. Samblanet’s position as a Collier County
Advisory Board member. 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 Board of County
Commissioners.
Summary
Mrs. Samblanet serves on the Haldeman Creek MSTU Advisory Board and is applying for grant funding
(not to exceed $5,000) through the BGTCRA Shoreline Stabilization Grant. The Shoreline Stabilization
Grant is being administered by the Bayshore CRA, with the Bayshore CRA Advisory Board reviewing
applications and recommending grant awards to the Board of County Commissioners, acting as the
Collier County Community Redevelopment Agency. Mrs. Samblanet is not a member of the Bayshore
CRA Advisory Board and accordingly has no voting conflict with respect to her application.
As an advisory board member, Mrs. Samblanet 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(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
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 Section 112.313(7), Fla. Stat. may arguably be violated if the Advisory Board member
were to enter into a Grant Agreement with the County (either the Board of County Commissioners or the
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CRA). The nature of the conflict is a status conflict. It is different from a voting conflict. It is based
strictly on Mrs. Samblanet’s status as an advisory board member. As a status conflict, the BCC may
waive this strict violation.
Mrs. Samblanet’s status conflict is arguably different from other status conflicts which the County
Attorney’s Office has reviewed. The County Attorney’s Office has reviewed other status conflicts and
recommended against seeking a waiver from the Board of County Commissioners based on the direct
relationship between the advisory board membership and the agreement at issue. In this case, the County
Attorney’s Office believes that it is appropriate to request a waiver of this status conflict pursuant to
Section 112.313(12), Fla. Stat., Exemption, which provides in relevant part, “The requirements of
subsection (7) as they pertain to persons serving on advisory boards may be waived in a particular
instance by the body which appointed the person to the advisory board, upon a full disclosure of the
transaction or relationship to the appointing body prior to the waiver and an affirmative vote in favor of
waiver by two-thirds vote of that body.”
FISCAL IMPACT: None.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires at least two-
thirds majority vote for approval. - CMG
RECOMMENDATION: That the Board of County Commissioners waive any potential ethics conflict
for Haldeman Creek MSTU Advisory Board member Kathleen Riley Samblanet based on Ch. 112,
Florida Statutes.
Prepared by: Colleen M. Greene, Managing Assistant County Attorney
Debrah Forester, CRA Director
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.B.1
Doc ID: 11803
Item Summary: Recommendation to review and approve the County Attorney’s recommendation
to waive any potential ethics conflict for a Haldeman Creek MSTU Advisory Board member based on Ch.
112, Florida Statutes.
Meeting Date: 03/10/2020
Prepared by:
Title: – County Manager's Office
Name: Debrah Forester
02/24/2020 3:25 PM
Submitted by:
Title: – County Manager's Office
Name: Debrah Forester
02/24/2020 3:25 PM
Approved By:
Review:
Tourism Debrah Forester Stage 1 Review Skipped 02/24/2020 3:14 PM
Public Services Department Debrah Forester Stage 1 Review Skipped 02/24/2020 3:14 PM
Corporate Business Operations Debrah Forester Stage 1 Review Skipped 02/24/2020 3:14 PM
County Manager's Office Debrah Forester Director - CRAs Skipped 02/24/2020 3:14 PM
Corporate Business Operations Sean Callahan Executive Director- Corp Business Ops Completed 02/26/2020 4:51 PM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 02/28/2020 9:38 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/28/2020 11:10 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 02/28/2020 12:36 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 02/29/2020 1:15 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 03/01/2020 11:08 AM
Board of County Commissioners MaryJo Brock Meeting Pending 03/10/2020 9:00 AM
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