CEO 74-40 -- November 1, 1974

DISCLOSURE OF CONFLICT

APPLICABILITY OF CONFLICTS SECTION TO EMPLOYEES

To: Howard R. Taylor, Jr., Division of Safety and Insurance, City of Hollywood

Prepared by: Gene L. "Hal" Johnson

SUMMARY:

As set forth in s. 112.313(3), F. S., as amended by Ch. 74-177, Laws of Florida, an employee of an agency who is a director of a business entity granted a privilege to operate must file a statement disclosing such facts. Since Mr. Taylor is an employee of a municipal entity and the director of a credit union, which is included within the definition of a business entity granted a privilege to operate (s. 112.312(6), F. S.), Mr. Taylor meets the requirements for disclosure and must file CE Form 3.

QUESTION:

Must I, as an employee of the City of Hollywood and a director of the Hollywood Municipal Employees Credit Union, file a disclosure of conflicts of interest, CE Form 3?

Your question is answered in the affirmative.

Section 112.313(3), F. S., as amended by Ch. 74-177, Laws of Florida, states in part:

If a public officer or employee of an agency is an officer, director, partner, proprietor, associate or general agent (other than a resident agent solely for service of process) of, or owns a material interest in, any business entity which is granted a privilege to operate, or is doing business with an agency of which he is an officer or employee, he shall file a statement disclosing such facts within forty-five days of becoming an officer or employee or within forty-five (45) days of the acquisition of such position or of such material interest.

You fulfill the requirements of this section. First, you are an employee of an agency which is defined in this act to mean "any state, county, local or municipal governmental entity." Section 112.312(1), F. S., as amended by Ch. 74-177, supra. Second, you are the director of a "business entity which is granted a privilege to operate," defined in s. 112.312(6), F. S., specifically to include "credit unions." Thus, you meet the requirements of the section, and therefore must file CE Form 3 disclosing the position you hold.