Fort Walton Beach Council minutes — 05-28-1991 Regular — reading text

Section 112. 311 FS ( 1) says " It is essential to the proper conduct and operation of government that public officials be independent and impartial and that public office not be used for private gain other than the remuneration provided by law. The public interest, therefore, requires that the law protect against any conflict of interest and establish standards for the conduct of elected officials and government employees in situations where conflicts MAY exist."  5- 28- 91 ENGINEERING CONSULTANT Mr. Maney continued, paragraph ( 2) says " It is essential 151 CONI' . ) that government attract those citizens best qualified to serve. Thus the law against conflict of interest must be so designed as not to impede unreasonable or unnecessarily the recruitment and retention by government of those best qualified to serve. Public officials should not be denied the opportunity available to all other citizens, to acquire and retain private economic interests except when conflicts with the responsibility of such officials to the public cannot be I avoided. " Paragraph ( 4) says " It is the INTENI' of this act to implement these obj ectives of protecting the integrity of government and of facilitating the recruitment and retention of qualified personnel by prescribing restrictions against conflicts of interests without creating unnecessary barriers to public service." Paragraph ( 5) says " It is hereby declared to be the policy of the state that no officer or employee a of state agency or of a county, city. or other political subdivision of the state and no member of the Legislature or legislative employment shall have any interest, financial or otherwise, direct or indirect. ENGAGE IN ANY BUSINESS TRANSACTION OR PROFESSIONAL AcrIVITY or incur any obligation of ANY nature which is in substantial conflict with the proper discharge of his duties in the public interest." At the selection discussion period during our last Council meeting. I asked several times in different ways whether or not Florida Licensed Professional Engineers would be available to work. No specific answer was ever provided. It was alluded there would be some local contact but that the majority of the work would be done by. and at. the Alabama facility. I had to find out by reading the newspaper several days later that the so- called local " contact" full blown was really a engineering firm,just and not a " Technical Representative." Further. according to the newspaper, the local engineering house would receive approximately 5% of the money allocated. This is not trivial. Moreover, it is patently obvious that the staff knew these facts and knew the local contracting engineering associate was in the audience. It is not clear that Mr. Nicholson knew it. Neither the staff representative, nor the local engineering affiliate spoke up to answer I his question. I wonder why. What is a conflict of interest'? Section 112. 312 ( 6) says " Conflict, or conflict of interest means a situation in which regard for a private interest tends to lead to disregard to a public duty or interest."  5- 28- 91 152 ENGINEERING CONSULTANT Mr. Maney continued, it is my op1n10n that the combined CONT. ) issues of incomplete disclosure of known facts by the staff coupled with the potential for a conflict of interest concerning Mr. Nicholson' s son and his campaign treasurer, require me to withdraw my support for the original motion. That has been done in the past on several occasions when Council persons get additional information and decide to change their vote. Mr. Maney moved to reconsider so that his vote can be changed as a matter of record. Motion vas seconded by Mr. Rosenbaum. Mr. Maney said the only thing he wants to do, he is not interested in the rest of Council' s vote, he wants to make a matter of record that his vote is changing. He requested guidance City Attorneyfrom the on the correct method to City Attorney said the motion to follow. The reconsider is one alternative, or Mr. Maney may ask for permission to change his vote. He said since it was a prior meeting, he suggested to do the reconsideration. Whether or not Council reconsiders is Council' s vote. Mr. Maney has made of record his change of position in any regard whether or not the motion passes. Mr. Rosenbaum felt Mr. Maney and Mr. Nicholson both made a good point, although, he did not recall anyone questioning Mr. Nicholson' s integrity. He did have some funny feelings about some rather direct questions Mr. Maney asked the staff and got nothing answered, and he too read it in the paper as to who it was. He did not understand that kind of behavior from the staff and quite honestly did not know how he would have voted if all the cards had been put on the table. He did not know if there is a conflict of interest here or not; he did not think there is legally. but somewhere along the way morals have to raise their ugly head. and it seems to be sadly lacking in the way this group operates. Mr. Maney suggested they vote on the motion and if it fails then, as the City Attorney said, it is a matter of record. The Mayor wished clarification on whether the motion is to reconsider the entire vote or just to take his vote back to change his vote. Mr. Maney said it is to reconsider the entire vote, then if that fails they will stop because, as the City Attorney said, it is already a matter of record that his has changed. The City Attorney said that his political position changed on the issue, not the vote, but that he has explained his position and the change for it. Mr. Maney said he wants the record to show it is no longer 7- 0 and asked how that can be done. All he really wants to do is change his