Agenda 01/26/2021 Item #16K 1 (Waiving potential ethics conflict for Collier County Parks & Recreation Advisory Board member - Josh Fruth)01/26/2021
EXECUTIVE SUMMARY
Recommendation to review and approve the Parks and Recreation Division’s request to waive any
potential ethics conflict for a member of the Collier County Parks and Recreation Advisory Board
based on Ch. 112, Florida Statutes.
OBJECTIVE: For the Board of County Commissioners to review and approve Staff’s request to waive
any potential ethics conflict for Parks and Recreation Advisory Board (PARAB) member Josh Fruth.
CONSIDERATIONS: Josh Fruth is a member of the Parks and Recreation Advisory Board and the
Vice-President of Davidson Engineering. Davidson Engineering has a contract to provide engineering
services to Collier County, including to provide services for the Parks and Recreation Division.
Parks and Recreation Division Staff asked the County Attorney’s Office to determine whether any
potential ethics violation may exist under Ch. 112, Florida Statutes based on Mr. Fruth’s position on the
PARAB. 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
Mr. Fruth’s firm, Davidson Engineering, currently has a contract with Collier County. As an advisory
board member, Mr. Fruth, is considered a public officer and subject to the restrictions found in Chapter
112, Fla. Stat., Code of Ethics for Public Officers and Employees.
Based on Davidson Engineering’s contract with the County, Mr. Fruth has a status conflict pursuant to
Ch. 112, Fla. Stat. and may potentially have a voting conflict in his role as a PARAB member.
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 cr eate
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 the above 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. Fruth’s status as a n advisory board member. As a status
conflict, the BCC may waive this strict violation.
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In addition, based on the restrictions found in Section 112.3143 on voting conflicts, Mr. Fruth is required
to abstain from voting on any matter that may inure to the “special private gain or loss” of the engineering
firm by whom Mr. Fruth is retained.
Parks and Recreation Division Staff requests that the Board approve the waiver of the conflict by super -
majority vote of the Board. Section 112.313(12), Fla. Stat., Exemption, 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.”
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 Collier County Park and Recreation Advisory Board member Josh Fruth based on Ch. 112, Florida
Statutes.
Prepared by: Barry Williams, Director, Collier County Parks and Recreation
Jeffrey A. Klatzkow, County Attorney
Colleen M. Greene, Managing Assistant County Attorney
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.1
Doc ID: 14663
Item Summary: Recommendation to review and approve the Parks and Recreation Division’s
request to waive any potential ethics conflict for a member of the Collier County Parks and Recreation
Advisory Board based on Ch. 112, Florida Statutes.
Meeting Date: 01/26/2021
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Jessica Hayes
01/05/2021 2:35 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
01/05/2021 2:35 PM
Approved By:
Review:
Parks & Recreation Barry Williams Additional Reviewer Completed 01/12/2021 12:51 PM
Public Services Department James C French Additional Reviewer Completed 01/14/2021 3:01 PM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 01/14/2021 4:51 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 01/15/2021 8:46 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/15/2021 9:29 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 01/15/2021 9:54 AM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 01/15/2021 11:48 AM
Board of County Commissioners MaryJo Brock Meeting Pending 01/26/2021 9:00 AM
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