Agenda 11/10/2020 Item #16K 3 (Waive Potential Ethics Conflict for a member of the Contractor Licensing Board)16. K.3
11/10/2020
EXECUTIVE SUMMARY
Recommendation to review and approve the County Attorney's recommendation to waive any
potential ethics conflict for a member of the Collier County Contractor Licensing Board 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 Collier County Contractor
Licensing Board (CLB) Advisory Board member Patrick White.
CONSIDERATIONS: Patrick White is a member of the Collier County CLB, and Mr. White
was also the successful bidder through the Collier County Quick Quote process to provide legal
services to the Collier County Code Enforcement Board (CEB) and Nuisance Abatement Board.
The work will be awarded through a standard Purchase Order.
Mr. White asked the County Attorney's Office to determine whether any potential ethics
violation may exist under Ch. 112, Florida Statutes based on Mr. White's position as a member
of the CLB and providing legal services to the County at the same time. 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
As an advisory board member, Mr. White, is considered a public officer and subject to the
restrictions found in Chapter 112, Fla. Stat., Code of Ethics for Public Officers and Employees.
Generally, an advisory board member may not do business with the agency where he or she
serves as an advisory board member absent a waiver by the Board of County Commissioners.
Florida Statutes
Section 112.313(3), Fla. Stat., Doing business with one's agency, provides in relevant part: "Nor
shall a public officer or employee, acting in a private capacity, rent, lease, or sell any realty,
goods, or services to the officer's or employee's own agency, if he or she is a state officer or
employee, or to any political subdivision or any agency thereof, if he or she is serving as an
officer or employee of that political subdivision."
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
Packet Pg. 2064
11/10/2020
16. K.3
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 both of these statutory provisions would arguably be violated based on the
Advisory Board member doing business with the County. The nature of the conflict is a status
conflict. It is different from a voting conflict. It is based strictly on Mr. White's status as an
advisory board member. As a status conflict, the BCC may waive this strict violation.
Mr. White is providing legal services to the Code Enforcement Board and Nuisance Abatement
Board. These legal services are not the type of matters that will foreseeably come before the
CLB for consideration.
Mr. White'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 type of services
provided to the County. 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. -JAK
RECOMMENDATION: That the Board of County Commissioners waive any potential ethics
conflict for Collier County Planning Commission member Patrick White based on Ch. 112,
Florida Statutes.
Prepared by: Jeffrey A. Klatzkow, County Attorney and
Colleen M. Greene, Managing Assistant County Attorney
ATTACHMENT(S)
1. PO 4500206286(PDF)
Packet Pg. 2065
16. K.3
11/10/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.3
Doe ID: 14135
Item Summary: Recommendation to review and approve the County Attorney's recommendation
to waive any potential ethics conflict for a member of the Collier County Contractor Licensing Board
based on Ch. 112, Florida Statutes.
Meeting Date: 11/10/2020
Prepared by:
Title: Legal Assistant — County Attorney's Office
Name: Jessica Hayes
11/03/2020 11:43 AM
Submitted by:
Title: County Attorney — County Attorney's Office
Name: Jeffrey A. Klatzkow
11/03/2020 11:43 AM
Approved By:
Review:
County Attorney's Office
Office of Management and Budget
Budget and Management Office
County Attorney's Office
County Manager's Office
Board of County Commissioners
Colleen Greene Level 2 Attorney Review
Debra Windsor Level 3 OMB Gatekeeper Review
Mark Isackson Additional Reviewer
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Nick Casalanguida Level 4 County Manager Review
MaryJo Brock Meeting Pending
Completed
11/03/2020 12:07 PM
Completed
11/03/2020 12:15 PM
Completed
11/03/2020 1:03 PM
Completed
11/03/2020 3:30 PM
Completed
11/04/2020 9:55 AM
11/10/2020 9:00 AM
Packet Pg. 2066
Collier County Board of County Commissioners
Procurement Services Division
Phone:239-252-8407
Fax: 239-732-0844
Tax Exempt: 85-8015966531C-1
Vendor# 128741
PATRICK G WHITE
4748 WEST BLVD
NAPLES FL 34103
Please deliver to:
GROWTH MANAGEMENT DEPARTMENT
OPERATIONS
2800 N HORSESHOE DR
NAPLES FL 34104
Sena all Invoices to: L
Collier County Board of County Commissioners
'
Attn: Accounts Payable
3299 Tamiami Trl E Ste 700
Naples FL 34112-5749
OR email to: bccapclerk@collierclerk.com
Purchase Order number must appear on all related
correspondence, shipping papers and invoices:
Purchase order
PO Number 4500206286 Date 10/05/2020
Contact Person Comm Dev Admin
Telephone 239-252-2370 Fax 239-643-6968
Delivery Date: 09/30/2021
Terms of Payment Net 30 Days
16.K.3.a
Item Material Description Order Qty Unit Price Per Unit Net Value
00010 QQ LEGAL COUNSEL FOR CODE ENFORCEMENT 11,995 EA 1.00 11,995.00
Total net value excl. tax USD 11,995.00
VENDOR Terms and Conditions
The VENDOR agrees to comply with all Purchase Order Terms and Conditions as outlined on the Collier County Procurement Services Division site
http://www.colliercountyfl.gov/home/showdocument?id=74077, including delivery and payment terms. Further the VENDOR agrees to:
1. Provide goods and services outlined in this Purchase Order with the prices, terms, delivery method and specifications listed above.
2. Notify department Immediately if order fulfillment cannot occur as specified.
3. Send all invoices to: Collier County Board of County Commissioners
Attn: Accounts Payable
3299 Tamiami Trl E Ste 700
Naples FL 34112-5749
OR email to: bccapclerk@collierclerk.com
The Purchase Order is authorized under direction of Collier County Board of County Commissioners by:
Sandra Herrera, Director, Procurement Services Division
Printed 10/28/2020 @ 11:20:20 111-138911-631100 Packet Pg. 2067