Backup Documents 09/08/2015 Item #16H6 16H6
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE
Hiller, Georgia A. Collier County Board of County Commissioners
MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON
3299 East Tamiami Trail WHICH I SERVE IS A UNIT OF:
CITY COUNTY CI CITY tpCOUNTY ❑OTHER LOCAL AGENCY
NAME OF POLITICAL SUBDIVISION:
Naples Collier Collier County
DATE ON WHICH VOTE OCCURRED MY POSITION IS
September 8, 2015 ELECTIVE ❑ APPOINTIVE 1
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 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 voting on 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 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
would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on
a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained
(including the parent, subsidiary, or sibling organization of a 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(CRAB)under
Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited
from voting in that capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, 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 of 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 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:
Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise
participating in these matters. However, you must disclose the nature of the conflict 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 attempt 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 page 2)
CE FORM 8B-EFF. 11/2013 PAGE 1
Adopted by reference in Rule 34-7.010(1)(f),F.A.C.
16H6
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after 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 form 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 form 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
I, Georgia A. Hiller , hereby disclose that on September 8, 20 15
(a)A measure came or will come before my agency which(check one or more)
X inured to my special private gain or loss;
inured to the special gain or loss of 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 to the special gain or loss of ,which
is the parent subsidiary, or sibling organization or subsidiary of 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:
Reimbursement of legal fees incurred in the successful defense of ethics violation
complaints (see attached)
If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer,
who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way
as to provide the public with notice of the conflict.
Date Filed Sign e
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED 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 FORM 8B-EFF. 11/2013 PAGE 2
Adopted by reference in Rule 34-7.010(1)(f),F.A.C.
16H6
EXECUTIVE SUMMARY
That the Board of County Commissioners reimburse Commissioner Hiller for the legal fees
incurred in successfully defending against two Ethics Complaints.
OBJECTIVE: To obtain reimbursement of legal fees and costs incurred in successfully
defending against two ethics complaints.
CONSIDERATIONS:
1. By letter dated January 17, 2014, I was advised by the State of Florida Commission on Ethics
that a complaint had been filed against me by John Lundin involving my official duties. A copy
of this letter and the complaint is included as back-up to this agenda item. At this time I was
assisted by the County Attorney. Mr. Lundin's later attempt to withdraw the complaint was
denied by the Commission. With that denial, the County Attorney advised me that I should
obtain expert counsel to defend me. On March 11, 2015, the Commission on Ethics issued a
Public Report and Order which fully exonerated me, a copy of which is also included.
2. By letter dated December 23, 2014, I was advised by the State of Florida Commission on
Ethics that a complaint had been filed against me by Randy Johns. A copy of this letter and the
complaint is included as back-up to this agenda item. The matter involved my decision to abstain
on a vote to accept certain documents into the official record, and my failure to file Form 8B
(Memorandum of Voting Conflict). The County Attorney was of the opinion that I did not need
to file Form 8B as there was no voting conflict,and afterwards advised me to use outside counsel
as he was a potential witness. On April 22, the Commission on Ethics issued a Public Report and
Order which fully exonerated me, a copy of which is also included.
FISCAL IMPACT: $16,000. Funding source is Fund 516 (self-insurance fund)
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: The Board's policy with respect to providing a legal defense
and paying legal expenses for County Commissioners and Staff is set forth in Resolution No. 95-
632, which with respect to ethics charges provides in relevant part as follows:
5. The County shall pay legal fees and/or costs incurred by County persons in cases involving
formal ethics charges subject to the limitations provided herein:
a. The ethics charges arose from conduct related to the performance of official duties and while
serving a valid public purpose. (citation omitted)
Condition met. Both ethic charges arose out of the performance of Commissioner Hiller's
official duties. See accompanying complaints.
b. The County person has prevailed and successfully defended against the ethics charges.
16H6
Condition met. See accompanying Public Report and Orders.
c. The legal fees and/or costs charged are reasonable in amount.
Condition met. The County Attorney has reviewed the costs and believes that they are very
reasonable. Commissioner Hiller has advised me that she was able to negotiate the lowest
possible rate.
d. The County person has first notified the County administration and legal staff of the
pendency of the charges and has permitted the County the opportunity to either directly provide
counsel or allow said County person to choose his/her own counsel.
Condition met. Both the County Manager and the County Attorney were consulted by
Commissioner Hiller. The County Attorney worked closely with Commissioner Hiller on both
matters, until there came a point in the proceedings when the County Attorney advised the
Commissioner it was now time for her to obtain her own counsel.
e. The charges have not resulted from the willful failure of the County person to follow the
legal advice furnished by the Office of the County Attorney, unless the Board of County
Commissioners specifically finds, at a public meeting,that said failure to follow legal advice was
for the reasons within the County person's scope of employment and served a valid public
purpose.
Condition met.
f. The legal fees and/or costs incurred by a County person during the investigatory, pre-charge
stages of an ethics complaint shall be paid by the County only for proceedings involving
potential civil and/or ethics sanctions for the County person and where the allegations are
ultimately determined to be unfounded and to have arisen from conduct related to the
performance of official duties and while serving a valid public purpose. (remainder omitted)
Condition met.
Typically, requests for representation to defend against legal charges would first go to the
Board. The procedure for Ethics complaints, sets forth above, does not involve the Board until
the successful defense of the complaint. The reason for this is that by law an ethics complaint, as
well as all of the procedures and records relating to the complaint, is confidential and exempt
from the public records law unless waived by the person against whom the complaint was filed.
In order to better defend, Commissioner Hiller wished these matters to be kept confidential until
the conclusion of these proceedings.
With the above noted, this item has been reviewed by the County Attorney, is approved as to
form and legality, and requires majority vote for approval. -JAK
16H6
RECOMMENDATION: That the Board of County Commissioners pay the legal fees and costs
incurred by Commissioner Hiller in the two cases involving formal ethics charges.
PREPARED BY: Commissioner Georgia Hiller, Esq., District 2
Attachments: Resolution No. 95-362; January 17, 2014 letter with complaint from the
Commission on Ethics; December 23, 2014 letter with complaint from the Commission on
Ethics; March 11, 2015, Public Report and Order; April 22, 2015 Public Report and Order;
Invoices