HomeMy WebLinkAbout2009-287 I • P, ,
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
Davis Wesley S . IRC Board of Cnijnt. � rnMM1qc; 1nn __
MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
1801 27th Street Building A WHICH I SERVE IS A UNIT OF:
CITY COUNTY 13CITY COUNTY ❑ OTHER LOCAL AGENCY
Vero Beach Indian River NAME OF POLITICAL SUBDIVISION:
DATE ON WHICH VOTE OCCURRED
I MY POSITION IS:
I November 3 , 2009 0 ELECTIVE ❑ APPOINTIVE
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 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 . 3571 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) .
, t f R f f , • , f Y • • , , Y
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 min-
utes 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 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 y
by you or at your direction .
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECI 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 other side)
CE FORM BEI - EFF. 112000 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 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
DISCLOSURE OF LOCAL OFFICER ' S INTEREST
, , Wesley S . Davis , hereby disclose that on ¢ ember 3 , , 20 _pg_:
( 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 , ;
X inured to the special gain or loss of my relative , brother , Br an Davi s
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 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 :
Relative , Brian Davis , brother , ' owns a sand mine and may or may not benefit from
the decision .
November 3 , 2009 �r— —
Date Filed Signature
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 $ 101000.
CE FORM 8B - EFF. 1 /2000 PAGE 2