PLACEMENT: Board and Committee Appointments
TITLE:
title
REQUEST FOR WAIVER OF CONFLICT OF INTEREST UNDER SECTION 112.313(7)(A), FLORIDA STATUTES FOR APPOINTMENT OF TRAVIS WADDELL TO THE RIO NEIGHBORHOOD ADVISORY COMMITTEE
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EXECUTIVE SUMMARY:
executive summary
This item seeks to waive the conflict of interest for Travis Waddell, whose businesses Bremar Construction and Freedom Waste Services, have contractual relationships with Martin County. Mr. Waddell has applied for reappointment to the Rio Neighborhood Advisory Committee. Florida law authorizes the Board of County Commissions to waive this conflict by a two-thirds vote pursuant to Section 112.313(12), Florida Statutes.
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DEPARTMENT: County Attorney
PREPARED BY: Name: Frank Moehrle
Title: Assistant County Attorney
REQUESTED BY: Office of Community Development
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
Travis Waddell has applied for reappointment to the Rio Neighborhood Advisory Committee. Appointment of Mr. Waddell would create a conflict because two of his businesses have contractual relationships with Martin County. Section 112.313(7)(a) Florida Statutes, provides that “no public officer…shall have or hold employment or contractual relationship with any business entity…which is…doing business with an agency of which he or she is an officer or employee.” In accordance with Section 112.313(12), Florida Statutes, the Board can waive this conflict for advisory board members prior to a vote on the appointment. An effective waiver requires a two-thirds vote of the Board after full disclosure of the conflicting relationship. Form 4A, Disclosure of Business Transaction, Relationship, or Interest, is attached hereto and constitutes full disclosure of any existing conflicts.
ISSUES:
None
LEGAL SUFFICIENCY REVIEW:
This item has been reviewed for legal sufficiency to determine whether it is consistent with applicable law, has identified and addressed legal risks, and has developed strategies for legal defensibility.
RECOMMENDED ACTION:
RECOMMENDATION
1) Move that the Board waive Travis Waddell’s conflict of interest under Section 112.313(12) Florida Statutes by a two-thirds vote based on the disclosure of the relationship in the Form 4A Disclosure of Business Transaction, Relationship, or Interest.
2) Move that the Board appoint Travis Waddell to the Rio Neighborhood Advisory Committee.
3) Move that the Board authorized the Chair to sign the Resolution of Appointment.
ALTERNATIVE RECOMMENDATIONS
Move that the Board deny waiving the conflict of interest and direct staff accordingly.
FISCAL IMPACT:
RECOMMENDATION
None
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☒Resolution
☐Other:
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