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HomeMy WebLinkAbout2010-241 8A 1 V • dojo - may/ FORM 813 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 *. Board of County Commissioners MAILING ADDRESS THE BOARD, COUNCIL , COMMISSION , AUTHORITY OR COMMITTEE ON 1R01 27th Strppt , Building A WHICH I SERVE IS A UNIT OF : CITY COUNTY ❑ CITY rX COUNTY ❑ OTHER LOCAL AGENCY Vero Beach Indian River NAME OF POLITICAL SUBDIVISION : DATE ON WHICH VOTE OCCURRED MY POSITION IS: October 5 2010 X ELECTIVE ❑ 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 . 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) . 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 I , Wesley S . Davis , hereby disclose that on October 5 , 201 : (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 , inured to the special gain or loss of by whom I am retained ; or X inured to the special gain or loss of Indian River County Fair Association which is the parent organization or subsidiary of a principal which M9ii"G4CDG & I AM A MEMBER OF THE BOARD . (b ) The measure before my agency and the nature of my conflicting interest in the measure is as follows : October 5 , 2010 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 . CE FORM 8B - EFF . 1 /2000 PAGE 2