Agenda 06/25/2019 Item #16K 3 (Waive any Potential Ethics Conflict for 2 Affordable Housing Advisory Committee Members)06/25/2019
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approve, by supermajority vote, the
County Attorney’s recommendation to waive any potential ethics conflict as authorized by Ch. 112,
Florida Statutes for two Affordable Housing Advisory Committee (“AHAC”) members engaged in
the affordable housing industry.
OBJECTIVE: To waive any potential ethics conflict for two AHAC members to allow the members to
remain on the committee and to hold a contractual agreement with the County.
CONSIDERATIONS: Two members of the AHAC are actively involved in the community in the
affordable housing industry. Gary Hains’ seat on the AHAC is as “a citizen who is a representative of
those areas of labor actively engaged in home building in connection wi th affordable housing.” Sheryl
Soukup’s seat on the AHAC is as “a citizen who is actively engaged as an advocate for low-income
persons in connection with affordable housing.” The AHAC is a creature of Florida Statute and these
seats are included as required seats for the committee.
As a result of these members being actively engaged in the affordable housing industry, they both have
current SHIP grant agreements with the County, and they have applied for additional SHIP funds. The
Community & Human Services Division has an item recommending an award to both Mr. Hains and Ms.
Soukup on the June 25, 2019 Board Agenda.
Advisory board members are considered public officers and subject to the restrictions found in Ch. 112,
Fla. Stat., Code of Ethics for Public Officers and Employees. Based on Section 112.313(7)(a), Fla. Stat.
there may be a potential ethics violation for these advisory board members to remain on the board and to
be doing business with their agency (County). The nature of the conflict is a status conflict.
Section (7)(a) 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.”
Based on the specific facts of this status conflict, the conflict may be waived by two-thirds vote of the
BCC pursuant to Section 112.313(12), Fla. Stat., which provides in relevant part:
The requirements of subsections (3) and (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.
The County Attorney has reviewed this potential conflict and recommends a waiver from the BCC based
on the fact that the two members at issue, Ms. Soukup and Mr. Hains, are appointed to statutorily defined
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seats on the advisory board that require these members to be “actively engaged” in the affordable housing
industry.
The members, Ms. Soukup and Mr. Hains, and the Housing Division Staff, are aware that should a voting
conflict arise at an AHAC meeting, the two members are required to abstain from voting on any matter
that may inure to their special private gain or loss. SHIP loans and grant agreements are not regularly
reviewed by the AHAC so a frequently recurring conflict is not expected.
FISCAL IMPACT: There is no Fiscal Impact with this item.
GROWTH MANAGEMENT IMPACT: No Growth Management Impact is associated with this
action.
LEGAL CONSIDERATIONS: This item was prepared by the County Attorney, is approved as to form
and legality, and requires supermajority vote for approval. -JAK
RECOMMENDATION: That the Board of County Commissioners approves, by two-thirds vote, the
County Attorney’s recommendation to waive any potential ethics conflict as authorized by Ch. 112,
Florida Statutes for two Affordable Housing Advisory Committee (“AHAC”) members engaged in the
affordable housing industry.
Prepared by: Jeffrey A. Klatzkow, County Attorney
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.3
Doc ID: 9288
Item Summary: Recommendation that the Board of County Commissioners approve, by
supermajority vote, the County Attorney’s recommendation to waive any potential ethics conflict as
authorized by Ch. 112, Florida Statutes for two Affordable Housing Advisory Committee (“AHAC”)
members engaged in the affordable housing industry.
Meeting Date: 06/25/2019
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
06/10/2019 2:19 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
06/10/2019 2:19 PM
Approved By:
Review:
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 06/11/2019 9:35 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/12/2019 10:20 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 06/13/2019 9:18 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/14/2019 11:47 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 06/16/2019 4:20 PM
Board of County Commissioners MaryJo Brock Meeting Pending 06/25/2019 9:00 AM
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