HomeMy WebLinkAbout2009-295 Oct
FORM 8B MEMORANDUM OF VOTING CONE ao
LLASTNA9ME-FIRSTUNTY, MUNICIPAL , AND OTHER LOCAL PUBLICCT FOR
NAME-MIDDLE NAME OFFICERS
We . NAME OF BOARD, COUNCIL , COMMISSION, AUTHORITY, OR COMMITTEE
ley S
RESS Mi ssionTHE BOARD, COUNCIL , COMMISSION, AUTHORITY OR COMMITTEE ON
27th Street Buildin wHICHISERVEISAUNITOF:
COUNTY ❑ CITY COUNTY ❑ OTHER LOCAL AGENCY
Beach Indian River NAME OF POLITICAL SUBDIVISION:
DATE ON WHICH VOTE OCCURRED
November 10 , 2009 MY POSITION IS: � Ip EX
ELECTIVE O APPOINTIVE
WHO MUST FILE FORM 813
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.
FINSTRUCTIONS FOR COMPLIANCE WITH SECTION 112 . 3143 , FLORIDA STATUTES
Aperson holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a meas7amea-
sure
ich
his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting owhich 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 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).
« « « «
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
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 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 8B - EFF . 1 /2000
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
agency , and the form must be read publicly at the next meeting after the form is filed .
DISCLOSURE OF LOCAL OFFICER'S INTEREST
Wesley S Davis hereby disclose that on November 10 , 20 09
(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 , brotherg Brian Davis
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 10 2009
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 $ 10 , 000 .
PAGE 2
CE FORM 8B - EFF . 1 /2000