Okaloosa County BOCC — February 11, 2013 — Minutes — reading text

Beach, referred to the discussion on conflict of interest (Section 4). He said at the City Council, if there is a conflict of interest the individual does not even participate in the discussion. Also, Mr. Anderson referred to Section 5 Terms of Committee Membership and asked if replacement of a vacant position be in accordance with selection February 19, 2013 -32- Minute Book 68, Page Okaloosa County Board of County Commissioners as identified in the previous section. Mr. Harris and Mr. Windes commented that makes sense. Mrs. Rebecca Sherry, Okaloosa Island, expressed her concern the ethics clause discussed two weeks ago had no _ teeth. She referred to the clause in Escambia County’s RESTORE Act Advisory Committee Resolution and encouraged the Board to adopt similar language. Mr. Dave Sherry, Okaloosa Island, referred to previous Board direction to the County Attorney to remove the ethics clause. He referenced the Auditor General's audit as well. Mr. Sherry urged the Board to use the Escambia County ethics clause as a model for Okaloosa County’s resolution. Ms. Cindy Frakes, Vice Chairman of the Okaloosa County School Board, stated she disagrees with the two previous speakers. She asked if a citizen or concerned parent has the scope of knowledge needed to represent the educational community. Ms. Frakes reported the School Board is considering a Manufacturing Institute, saying it is needed but it takes money to establish. She did not feel it to be a conflict of interest. Mr. John Dezutto, Fort Walton Beach, stated he watched the video of the last meeting and was shocked to hear the attorney being directed to strike the original version of the conflict of interest clause. He felt the committee composition was centered on special interests. Mr. Boyles commented that Mr. Dezutto more than once referred to special interest groups in his commentary and advised that he is looking for people who are invested in the process and were legitimately damaged by the oil spill. He said he wants to restore the economy and the way of making sure we hear from those voices is to call on the stakeholders which Mr. Dezutto has referred to as special interest groups. Mr. Boyles asked Mr, Dezutto to help him understand his real issue. The dialogue between Mr. Boyles and Mr. Dezutto continued. When asked if his problem was one of personal gain, Mr. Dezutto said not necessarily but the perception. Mr. Steve Shipley, Mary Esther, said he believes the county already has a model for this issue and referred to the Planning and Zoning Board. He said if an individual has a conflict of interest, he recuses himself. Mr. Shipley stated reference is made to “members” of organizations and said many citizens are February 19, 2013 -33- Minute Book 68, Page Okaloosa County Board of County Commissioners members of more than one organization and asked for that term to better defined. Mr. Curry stated the resolution will be redrafted and returned for consideration at the next agenda. Mr. Windes requested Special Counsel Greg Stewart review the draft resolution to make certain the Board is on solid ground. Mr. Curry confirmed that can be done. COUNTY ATTORNEY POSITION Mr. Windes stated this item deals with an unpleasant subject. He advised that he has been in conversation with Mr. Dowd concerning what is in the best interest of Okaloosa County regarding legal representation. Mr. Windes asked Mr. Dowd if he has any interest in following Mr. Curry’s lead and stepping down. Mr. Dowd replied, “No, sir.” Mr. Windes said these steps are unfortunate and unpleasant but he believes they are necessary in order to move into the next chapter in our county. He then made motion, seconded by Mr. Parisot, to provide a 90-day written termination notice to Mr. Dowd as County Attorney. Mr. Amunds said there are many accusations flying back and forth and we are finding out more and more about what happened. He stated that before anyone is fired or asked to resign more details should be obtained. Mr. Parisot stated his second does not have anything to do with the TDC issues. He said he has concerns with the quality of legal work being done. Mr. Windes said he did not want this to go this far but part of the employment agreement is to provide legal advice to the County Administrator, all departments and the Board. He stated we have had mistakes in these areas. Mr. Windes stated part of the job is to draft and review contracts in which the Board has interests. He also felt there have been failures in the area of policy decisions. Mr. Windes said he believes the county needs a new face in order to move forward. Mr. Harris spoke about the help Mr. Dowd has provided to him. He questioned the proposed action. Mr. Windes said he feels it is common sense. When Mr. Harris responded, Mr. Windes told him he could vote against the motion if he disagrees. February 19, 2013 ~34- Minute Book 68, Page Okaloosa County Board of County Commissioners Mr. Boyles stated he is not going to vote to terminate Mr. Dowd tonight. He pointed out that it is fifteen minutes to 1 o'clock in the morning and we have been in session for hours. Mr. Boyles gave credit to Mr. Windes for his motion but said he does not think now is the right time for this vote. He stated he has a lunch meeting scheduled with Mr. Dowd tomorrow to discuss issues. Mr. Boyles stated the county has changed dramatically since Mr. Dowd began his employment with Okaloosa County, noting the county now has a population of 200,000 people. He did not feel this to be a one-attorney county any longer and would like to give consideration of how to redefine legal representation for the future. Mr. Boyles said Mr. Dowd has a wealth of information and his role may need to be redefined. He acknowledged the concerns stated but said he does not believe he can make that decision tonight. Mr. Amunds asked Mr. Dowd if he would like to address the Board and he replied “No, thank you.” Mr. Parisot asked Mr. Windes if he is willing to table the motion until the next meeting. Mr. Windes said it is obvious the motion will not pass tonight. He then called the question. 2 yeas, 3 nays. (Mr. Amunds, Mr. Harris and Mr. Boyles voted no). Motion fails for lack of a majority vote. ADJOURNMENT There being no further business to come before the Board, the meeting was adjourned at 12:50 a.m. DON W. HOWARD DON R. AMUNDS, CHAIRMAN CLERK OF CIRCUIT COURT BOARD OF COUNTY COMMISSIONERS (These minutes were transcribed by Teresa Ward.) kkk February 19, 2013 ~35- Minute Book 68, Page Okaloosa County Board of County Commissioners