Resolution 2000-154
100
RESOLUTION NO. 00- ~
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY REGARDING COMMISSIONER JOHN C. NORRIS
WHEREAS, on May 2, 2000 lohn C. Norris and the Advocate for the Florida Commission
on Ethics entered into a Joint Stipulation of Fact, Law and Recommended Order; (hereinafter, "loint
Stipulation"); and
WHEREAS, this Joint Stipulation was signed by John C. Norris, his counsel, and Virlindia
Doss as Advocate for the Florida Commission on Ethics and states: "The Respondent and the
Advocate stipulate and covenant that they have freely and voluntarily entered into this joint
stipulation of fact, law, and recommended order with full knowledge and understanding of its
contents." [page 5, Joint Stipulation]; and
WHEREAS, under the Stipulated Conclusions of Law of the Joint Stipulation, paragraph I,
[T]he Respondent is subject to the provisions of Part III, Chapter 112, Florida Statutes, the Code of
Ethics for Public Officers and Employees; and
WHEREAS, Mr. Norris admitted to allegation II. within the Stipulated Findings of Fact of
the loint Stipulation as follows: "The Respondent violated Section 112.313(4), Florida Statutes, by
accepting an interest in, and/or a fee from, a partnership when he knew or should have known that it
was being given to him to influence his vote or other action taken in an official capacity."; and
WHEREAS, Mr. Norris admitted to allegation III. within the Stipulated Findings of Fact of
the Joint Stipulation as follows: "The Respondent violated Section 112.313(6), Florida Statutes, by
using his office to pressure the PGA to replace People and Properties as the tournament director of a
PGA Senior Tour event, for his own benefit or that of William Rasmussen and/or The Challenge
Foundation"; and
WHEREAS, according to the State Attorney Joseph P. D'A1essandro Case No. 97-331
Investigative Report:
"On February 29, 1996, shortly after the 1996 Senior PGA Tournament, Norris accompanied
Rasmussen and others to the PGA to "pitch" The Challenge Foundation to be selected by the PGA
as the proposing Tournament Operator for the 1997 event. Peter Vajda and John Counsel, who
accompanied Rasmussen to the meeting, as well as PGA Vice President Hal Seward have all recalled
that Norris pledged to do all that he could to ensure continued Collier County support for the
Tournament. Seward further recalled that Norris stated that the County would not support the
Tournament if People & Properties (the 1996 Tournament Operator) remained involved with the
Tournament." . . .; and
WHEREAS, Mr. Norris admitted to allegation V. within the Stipulated Findings of Fact of
the Joint Stipulation as follows: "The Respondent violated Section 112.3143(3)(a) Florida Statutes,
by voting on an October 1996 measure dealing with Maricopa-Hardy's Pelican Strand Project."; and
WHEREAS, the duties and powers of the Commission on Ethics are listed in Section
112.322, Florida Statutes, and provides in Section 112.322(2)(b) as follows: "In the event that a
violation or breach is found to have been committed, the commission shall recommend appropriate
action to the agency or official having power to impose any penalty provided by s. 112.317"; and
lop
WHEREAS, Section 112.317, Florida Statutes, "Penalties" includes provision
112.317(1)(a)(2.) "Removal from office"; and
WHEREAS, the conduct admitted to by Commissioner Norris reasonably raises questions in
the public eye as to fitness to complete his term of public office.
NOW, THEREFORE, THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, recommends that lohn C. Norris voluntarily resign from his office as County
Commissioner or that Governor Jeb Bush remove or suspend him from office. Said suspension
request is contingent upon the proposed settlement agreement either being formally accepted by the
Florida Commission on Ethics or any of the charges against Commissioner Norris being entered as
findings by the Ethics Commission through a hearing process.
This Resolution adopted after motion, second and roll call vote as follows:
Commissioner Mac I Kie Aye
Commissioner constantine Aye
Co.mmissioner Carter Aye
<',<".'Commissioner Berry Aye
Cbmmissioner Norris Abstained
ATTEST:
DWIGHT E. BROCK, CLERK
B'y: ~~~ i#. ..,ale?.
A WIGHT E. B CK, CLERK
ttest as to Chairlll"
Sig,\~tN6'eB\~ form and legal sufficiency:
ILIUM'.! ~ o/I~~
David C. Weigel, County A ey
H:DCW 1R000lulionalNorris-fUlal
2
FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME-FIRST NAME-MIDDLE NAME
Norris, John C.
MAILING ADDRESS
3301 E. Tamiami Trail
CITY
Na les
DATE ON WHICH VOTE OCCURRED
Ma 23, 2000
COUNTY
Collier
NA.\1E OF BOARD. COUNCIL. COMMISSION. AlfTHORfTY. OR COMMITTEE
Collier Board of County Commissioners
THE BOARD. COUNCiL. COMMISSION, AlfTHORITY OR COMMITTEE ON
WHICH I SERVE is A UNIT OF:
o CITY iXcOUNTY 0 OTH
NAME OF POLITICAL SUBDIVISION:
Colli C unt
MY POSITION IS:
::0 ELECTIVE
WHO MUST FILE FORM 88
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 commitlee. It applies equally 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 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 officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of 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 Sec. 163.356 or
163,357, F.S., and officers of independent special tax distric:s elected on a one-acre, one-vote basis are no! 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 OA YS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible lor recording the min-
utes of the meeting. who should incorporate the lorm 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 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 lhis lorm (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 other side)
CE FORM 88 - REV. 1/98
PAGE 1
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 aller 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, ,l{")hn r _ N{")rr;.q
, hereby disclose that on
M<'IY 23, 2000
,~~L--:
(a) A measure came or will come before my agency which (check one)
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.
-X-- inured to the special gain or loss of John C. Norris
whom I am retained; or
, by
inured to the special gain or loss of
is the parent 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:
, which
AGENDA ITEM 10.0.
Resolutions regarding Commissioner Norris.
May 23, 2000
Date Filed
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.
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