Financial Advisory Committee ORDINANCE NO. 10- 009
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2i
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA AMENDING PART II, CHAPTER TWO
5 ENTITLED "ADMINISTRATION," OF THE CITY OF
6 BOYNTON BEACH CODE OF ORDINANCES TO
7 CREATE A NEW ARTICLE XVIII; PROVIDING FOR
8 THE CREATION OF THE FINANCIAL ADVISORY
9 COMMITTEE; PROVIDING FOR THE PURPOSE AND
10 SCOPE OF DUTIES OF THE FINANCIAL ADVISORY
11 COMMITTEE; PROVIDING FOR FORMATION,
12 APPOINTMENT AND ORGANIZATION OF THE
13 COMMITTEE; PROVIDING FOR APPOINTMENT OF
14 THE CHAIR AND VICE CHAIR OF THE COMMITTEE;
15 PROVIDING FOR CLARIFICATION OF POWERS
16 DELEGATED AND RESERVATION OF POWERS BY
17 THE CITY COMMISSION; PROVIDING FOR
18 CONFLICTS, SEVERABILITY, CODIFICATION AND
19 AN EFFECTIVE DATE.
20
21 WHEREAS, the City Commission of the City of Boynton Beach, Florida desires to
22 establish a Finance Advisory Committee consisting of nine 9 members (seven (7) regular and
23 two (2) alternate members) to review the impact of legislative and administrative decisions on
24 the City budget, revenue sources and operational expenditures and make recommendations
25 that may favorably impact the City budget and overall financial condition; and
26 WHEREAS, the City Commission of the City of Boynton Beach, acting in the
27 interest of the citizens and taxpayers of the City amends the Code of Ordinances, Part II,
28 Chapter 2, to provide for a creation of a Financial Advisory Committee..
2' NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
3# THE CITY OF BOYNTON BEACH,FLORIDA, THAT:
31 Section 1. The foregoing whereas clauses are true and correct and are now ratified
32 and confirmed by the City Commission.
33 Section 2. That Part II, Chapter 2, of the Boynton Beach Code of Ordinances is
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hereby amended by creating Article XVIII, entitled "Financial Advisory Committee" to read
2 as follows:
3 ARTICLE XVIII: FINANCIAL ADVISORY COMMITTEE
4 Sec. 2-240 Creation of Committee
5 The City Commission hereby creates and establishes the Financial Advisory
6 Committee.
7 Sec. 2-241 Purpose and Duties
8 That Financial Advisory Committee shall have the general responsibility of reviewing
9 the impact of existing or proposed legislative and administrative decisions on the City
10 budget, revenue sources, and operational expenditures and make recommendations that
11 may favorably impact the City budget and overall financial condition of the City. By
12 way of example, but not limitation, the Financial Advisory Committee will be
13 responsible for reviewing and making recommendations on:
14 1. The City's proposed annual operating and capital budget.
15 2. Budget development systems and procedures.
16 3. Analyzing and recommending sources of revenues.
17 4. Employee salaries and benefits.
18 5. Pension and retirement benefits for City employees.
19 6. Operating expenses and controls.
20 7. Reducing or controlling debt service expenses.
21 8. Intra-fund transfers and loans.
22 The foregoing examples are not intended to limit the scope of financial review that the
23 City Commission may assign to the Committee from time to time. Specific tasks shall
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1 be delineated by the City Commission by majority vote.
2 Sec. 2-242 Organization
3 The Financial Advisory Committee shall consist of a total of seven (7) regular
4 members and two (2) alternate members each appointed by majority vote of the City
5 Commission.
6 Sec. 2-243 Committee Appointment and Membership
7 fa) All members shall be residents of or own property in the City, own a
8 business within the City or be an officer director or manager of a business located
9 within the City. No member of the Committee shall serve on any other City Board or
10 Committee.
11 f b) At least five 5 of the regular members on the Committee shall have one
12 1 of the following qualifications
13
14 1. Certified Public Accountant
15 2. Accounting Professional
16 3. Finance Professional
17 4. Certified Financial Planner
18 5. Investment Advisor
19 6. Insurance Professional (property/casualty or health
20 7. Business Owner/Manager
21 8. MBA or MPA degree (with high levels of accountability/responsibilities with
22 budget and organizational oversight)
23
24 The remaining four(4) members may be at large.
25
26 (c) Staggered Terms for Committee Membership. The initial regular
27 members appointed will serve as follows: three (3) members shall be for a term of
28 three (3) years, two (2) members shall be for a term of two (2) years, and two (2)
29 members shall be for a term of one (1) year. Their successors shall be appointed for a
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(
term of three (3) years.
2 (d) Reappointment, Removal, Vacancy. All members may be reappointed,
3 without limitation as to the number of terms served. Members may, at the discretion of
4 the City Commission, be removed with or without cause. A member shall be removed
5 without action of the City Commission for missing more than four (4) meetings per
6 year. Members that have been removed for cause may not be reappointed for a period
7 of thirty-six (36) months. If there is a vacancy in the membership, the City
8 Commission shall appoint a new member to fill the vacancy.
9 (e) Privileges, Duties and Responsibilities.
10 (i) Privileges. Members will have voting privileges as set forth herein.
11 Members shall create and implement rules, policies and procedures necessary to
12 carry out the Financial Advisory Committee's purpose, in conformance with the
13 provisions of the City's Code of Ordinances and State Law.
14 (ii) The City Commission shall vote to appoint a Chair, who shall preside
15 over the meetings of the Financial Advisory Committee, and also vote to
16 appoint a Vice-Chair who shall serve in the absence of the Chair.
17 (f) Alternate Members. Pursuant the City of Boynton Beach Code of
18 Ordinances, the City Commission shall appoint two alternate members. Alternate
19 members will serve to fill a temporary vacancy or permanent removal in the Financial
20 Advisory Committee. Alternate members shall be appointed in the same manner as
21 regular members, and shall meet the qualifications set forth for regular members.
22 When serving in their capacity as a alternate member, alternate members shall have the
23 same privileges, duties and responsibilities as a regular member, with the exception that
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i 1 ' no alternate member may serve in a capacity as Chair or Vice-Chair, nor may any •
2 alternate member be moved to a regular member unless appointed by the City
3 Commission pursuant to the procedure set forth herein. The alternate member's term of
4 membership shall run only through the term of the vacancy they have filled.
5 Sec. 2-244 Meetings
6 The Financial Advisory Committee shall arrange for an appropriate time and place for
7 meetings.
8 Sec. 2-245 Procedure for enactment and voting.
9 All actions subject to a vote shall be enacted as set forth below,
10 (a) Quorum. The Financial Advisory Committee may not take any action
11 unless a quorum is present. A quorum shall consist of the physical presence of no less
12 than four(4) voting members of the Financial Advisory Committee.
13 (b) Voting. An affirmative vote of a majority of the voting members present
14 shall be required in order for the Financial Advisory Committee to take any official
15 action. No voting by proxy is allowed. On final passage, the vote of each member of
16 the Financial Advisory Committee shall be entered on the official record kept for the
17 meeting.
18 Sec. 2-246 Powers
19 Nothing in this article shall be construed as restricting, curtailing any of the
20 powers of the City Commission, or the Charter powers of the City Manager, or as a
21 delegation to the Financial Advisory Committee of any of the authority or express or
22 discretionary powers vested and imposed by law in the City Commission. The City
23 Commission declares that the public interest, convenience and welfare required by the
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1 appointment of the Financial Advisory Committee to act in a purely advisory capacity
2 to the City Commission for the purposes set forth in this article. Any power delegated
3 here to the Financial Advisory Committee to adopt rules and regulations shall not be
4 construed as a delegation of legislative authority, but purely a delegation of
5 administrative authority.
6 Section 3. All laws and ordinances applying to the City of Boynton Beach in
7 conflict with any provision of this ordinance are hereby repealed.
8 Section 4. Should any section or provision of this Ordinance or any portion
9 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not
10 affect the remainder of this Ordinance.
11 Section 5. Authority is hereby given to codify this Ordinance.
12 Section 6. This Ordinance shall become effective immediately.
13
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I FIRST READING this Adtay of Apri 1 , 2010.
Ath
2 SECOND, FINAL READING AND PASSAGE this ' I day of MAI , 2010.
3 CITY OF BOYNTON BEACH, FLORIDA
4 ..
5
6 Mayor o =. 'odriguez
7 /
8 I►, ----- -
9 ' Commis ione - /Aodrow L. Hay
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17 Commis' er—William Orlove
13 / /, J .
14 .1,e- �� - . ' l
15 Commissioner— Stev-n Hol
16
17
18 Vice Mayor -Marlene Ross
19 ATTEST:
20 21 ' RiazAuto*
22dift M. Prainito, MMC
23 _ y Clerk
24
25 -r Y 4'
26i-.;. . ^r` ' ,
27 (c... • •t
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11 ORDINANCE NO. 11 -
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3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH;
4 FLORIDA AMENDING CHAPTER TWO,
5 "ADMINISTRATION," ARTICLE XVIII, "FINANCIAL
ADVISORY COMMITTEE", SECTION 2-243(d) OF THE
CITY OF BOYNTON BEACH CODE OF ORDINANCES
AMENDING THE ATTENDANCE REQUIREMENTS OF
THE FINANCIAL ADVISORY. COMMITTEE;
I t PROVIDING FOR CONFLICTS,- SEVERABILITY,
11 CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach, Florida established
1 a Financial Advisory Committee consisting of nine 9 members (seven (7) regular and two (2)
I? alternate members) to review the impact of legislative and administrative decisions on the
I: City budget; and
I WHEREAS, the Financial Advisory Committee has opted to meet more frequently
I: than a monthly basis (bi-weekly) and the Committee feelsthat the current attendance
I• requirement of four meetings per year is too restrictive; and
2$ WHEREAS, the Financial Advisory Committee has suggested alternate language that
21 would provide better flexibility but would also retain current language in the event the
2 Financial Advisory.Committee reverts back to having monthly meetings.
2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
2, THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
2Section 1. The foregoing whereas clauses are true and correct and are now ratified
2 and confirmed by the City Commission.
Section 2. That Chapter 2, Article XVIII, Financial Advisory Committee, Section
2: 2-243(d) of the Boynton Beach Code of Ordinances is hereby amended as follows:
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1 ARTICLE XVIII: FINANCIAL ADVISORY COMMITTEE
2 Sec. 2-243 Committee Appointment and Membership
3
4 (d) Reappointment, Removal, Vacancy. All members may be
5 reappointed, without limitation as to the number of terms served. Members may, at the
6 discretion of the City Commission, be removed with or without cause. Based on a
7 monthly meeting schedule, aA member shall be removed without action of the City
Commission for missing more than four (1)three (3) consecutive meetings per year. In
the event the Financial Advisory Committee meets bi-monthly or more, a member will
be removed without action of the City Commission for missing the greater of three (3)
11 consecutive meetings or thirty percent (30%) of a bi-monthly meeting schedule.
Members that have been removed for cause may not be reappointed for a period of
I3 thirty-six (36) months. If there is a vacancy in the membership, the City Commission
I shall appoint a new member to fill the vacancy.
I5
I. Section 3. All laws and ordinances applying to the City of Boynton Beach in
I conflict with any provision of this ordinance are hereby repealed.
I Section 4. Should any section or provision of this Ordinance or any portion
1 e thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not
21 affect the remainder of this Ordinance.
21 Section 5. Authority is hereby given to codify this Ordinance.
2 Section 6. This Ordinance shall become effective immediately.
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FIRST READING this /Slay of h1C1'Le t.--- 2011.
2 SECOND, FINAL READING AND PASSAGE this $ -day of 1011.
3 CITY OF BOYNTON BEACH, FLORIDA
4
5
6 Mayor—Jo.i''od ':uez
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8 i .
9 i - . oI leve Ross
0 � �
11 /U ,/ / •
12 0 is.ri?nerWilliam it ove
13
14 / 40 ��' -•
15 Comm • - Woodrow L.
1.
1: ommissioner '''even H. zman
19 ATTEST:
22 Jan t M. Prainito, MMC
23 ' y Clerk
7,
25
2.
. ,o • Seal)
2
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ORDINANCE NO. 12-005
2
3 AN ORDINANCE OF THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA
5 AMENDING CHAPTER TWO, ARTICLE XVIII,.
6 "FINANCIAL ADVISORY COMMITTEE", SECTION 2-
7 243(b)(1) "MEMBERSHIP" BY AMENDING THE
QUALIFICATIONS FOR REGULAR. MEMBERS;
9 AMENDING SECTION 2-243(e)(2) "PRIVILEGES,
10 DUTIES AND RESPONSIBILITIES" ALLOWING THE
it COMMITTEE TO SELECT ITS CHAIR AND VICE-
CHAIR; PROVIDING FOR CONFLICTS,
} SEVERABILITY, CODIFICATION AND AN
14 EFFECTIVE DATE.
16 WHEREAS, the City Commission of the City of Boynton Beach, Florida
17 established a Financial Advisory Committee consisting of nine 9 members (seven (7) regular
18 and two (2) alternate members) to .review the impact of legislative and administrative
i9 decisions on the City budget; and
44) WHEREAS, the Financial Advisory Committee has confirmed with the City Clerk'
41 that it is the only Committee or Board whose members could not elect its Chair and Vice-
2/ Chair; and
r-
21,
2$ WHEREAS, the Financial Advisory Committee has requested that, the City
44 Commission consider an amendment allowing the Committee to elect its own Chair and
4$ Vice-Chair; and
g WHEREAS, staff is also recommending an amendment to the City's Code of
4/ Ordinances to better clarify the qualifications of regular members.
/$ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
l� THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
30 Section 1. The foregoing whereas clauses are true and correct and are now ratified
1 and confirmed by the City Commission.
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Section 2. That Chapter 2, Article XVIII, Financial Advisory Committee,
2 Section 2-243(b)(1) of the Boynton Beach Code of Ordinances is hereby amended as
3 follows:
4 Sec. 2-243. Committee appointments and membership.
5 (a) All members shall be residents of or own property in the city, own a business
6 within the city or be an officer, director or manager of a business located within the city. No
7 member of the Committee shall serve on any other city board or committee.
i I (b) (1) At least five of the regular members on the Committee shall have one of the
0 following qualifications:
I0 a. Certified public accountant;
11 b. Accounting professional;
I2 c. - . - Auditing;
13' d. Certified financialplanner;
14 e. Investment advisor;
j5 f. Insurance professional (property/casualty or health);
16 g. Business owner/manager;
7 h. MBA or MPA degree (with high levels of accountability/responsibilities with
budget and organizational oversight).
i. Banking
j. Pension Plan Management
21 k. Financial Planning & Management
(2) The remaining four members may be at large.
21 Section 3. That Chapter 2, .Article XVIII, Financial Advisory Committee,
24 Section 2-243(e)(2) of the Boynton Beach Code of Ordinances is hereby amended as
follows:
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2 (e) Privileges, duties and responsibilities
3 I (1) Privileges. Members will have voting privileges as set forth herein. Members
4 shall create and implement rules, policies and procedures necessary to carry out the
5 Financial Advisory Committee's purpose, in conformance with the provisions of the city's
6 Code of Ordinances and state.law.
7 I (2) The City C'ommissionregular members of the Financial Advisory Committee
8 shall vote to appoint a chair, who shall preside over the meetings of the Financial Advisory
9 Committee, and also vote to appoint a vice-chair who shall serve in the absence of the chair.
y 0 Section 4. All laws and ordinances applying to the. City of Boynton Beach in
I- conflict with any provision of this ordinance are hereby repealed.
12 Section 5. Should any section or provision of this Ordinance or any portion
n3 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not
i kt affect the remainder of this Ordinance.
5 Section 6. Authority is hereby given to codify this Ordinance.
1115 Section 7. This Ordinance shall become effective immediately.
i7
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it
FIRST READING this 6th day of March, 2012.
2 SECOND, FINAL READING AND PASSAGE this el° day of MArcH, 2012.
3 CITY "+F BOYNTON BEACH, FLORIDA
4 �s
5 4 i . L''v�iL/
6 Mayor e e•.•+,• L. Hay
7 `� f
Vi e Ma : — .illi. Orlove
i1'1 if12
r— a
33
14
15 Commissio s — e Hal•4an
:16 ,�
.17 ,/ '�G� /.
38 Commissioner—Marlene Ross
9 ATTEST:
9 -
12i1 Lam. J��►_w
Ja et M. Prainito, MMC
1213 -ity Clerk
2,tJXODIPAIAI ea• ti
-
•
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FORM 8B 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
MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON
WHICH I SERVE ISA UNIT OF:
CITY COUNTY ❑CIN 0 COUNTY DOTHER LOCAL AGENCY
NAME OF POLITICAL SUBDIVISION:
DATE ON WHICH VOTE OCCURRED MY POSITION IS:
❑ ELECTIVE 0 APPOINTIVE
WHO MUST FILE FORM 8B
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
163.357, 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)
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, , hereby disclose that on , 20 :
(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
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:
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
Section 2.443
(c) Disclosure of voting conflicts. County and municipal officials as applicable shall
abstain from voting and not participate in any matter that will result in a special financial
benefit as set forth in subsections (a)(1) through (7) above. The official shall publicly
disclose the nature of the conflict and when abstaining from the vote, shall complete
and file a State of Florida Commission on Ethics Conflict Form 8B pursuant to the
requirements of Florida Statutes, §112.3143. Simultaneously with filing Form 8B, the
official shall submit a copy of the completed form to the county commission on ethics.
Officials who abstain and disclose a voting conflict as set forth herein, shall not be in
violation of subsection (a), provided the official does not otherwise use his or her office
to take or fail to take any action, or influence others to take or fail to take any action, in
any other manner which he or she knows or should know with the exercise of
reasonable care will result in a special financial benefit, not shared with similarly
situated members of the general public, as set forth in subsections (a)(1) through (7).
To search the database to see if a form is on file with our office, please follow this link
http://www.palmbeachcountyethics.com/coepubNoteConflictNoteConflictSearch.aspx
Memorandum of Voting Conflict for County, Municipal and other Local Public
Officers (Form 8B)
WHO FILES WHEN FILED I WHERE FILED
County, municipal, or other ' Within 15 days after vote With person responsible for
local public officers occurs recording minutes of meeting
Additional requirements for Within 15 days after With person responsible for
appointed public officers (see "participating" in matter recording minutes of meeting
Section 112.3143(4), F.S.)