CEO 75-6 -- January 6, 1975

DISCLOSURE OF VOTING CONFLICT

FAILURE TO DISCLOSE VOTING CONFLICT REMEDIED BY LATE FILING OF CE FORM 4

To: Joseph M. Wornicki, Jr., Mayor, Pinellas Park

Prepared by: Gene L. "Hal" Johnson

SUMMARY:

Minor and unintentional violation of s. 112.314(2), F. S., as amended by Ch. 74-177, Laws of Florida, concerning disclosure of voting conflicts of interest may be rectified by subsequent filing of CE Form 4. Disclosure requirements listed in CE Guidelines, p. 2, allow 15 days between time of conflictive voting and filing of CE Form 4.

QUESTION:

In a recent Pinellas Park City Council meeting I voted in favor of a measure, not realizing that it would result in a direct although minor benefit to myself; will my subsequent filing of CE Form 4, Disclosure of Voting Conflict of Interests, rectify my failure to file such a statement at the time such vote was taken?

Your question is answered in the affirmative.

As you have stated in your letter, the Pinellas Park City Council recently voted on two measures which directly benefited you in your capacity as an insurance agent, and you unintentionally failed to disclose this voting conflict of interest on your part. While the net result of the voting was to increase your yearly commission by only an additional $2.25, you have sought our opinion as to how the impropriety of your failing to report the conflict may be remedied.

Naturally, situations such as yours must be examined on an individual basis. Under the circumstances as related in your letter, we cannot conclude that you intentionally violated s. 112.314(2), F. S., as amended by Ch. 74-177, Laws of Florida, the section dealing with the disclosure of voting conflicts, since you have voluntarily come forward with this information. We therefore conclude that in your case, where the violation is minor and unintentional, the failure to disclose a voting conflict of interest may be rectified by the subsequent filing of CE Form

4. We should also like to point out that had this form been filed within 15 days of the vote, it would have complied with the disclosure requirements. See CE Guidelines, page 2.