CEO 74-91 -- December 23, 1974

CONFLICT OF EMPLOYMENT

NO CONFLICT WHERE PERSON EMPLOYED AS OFFICER I WITH FLORIDA PAROLE AND PROBATION COMMISSION AND AS AID COUNSELOR WITH EDISON COMMUNITY COLLEGE

To: Donald J. Mansfield, Florida Parole and Probation Commission, Fort Myers

Prepared by: Patricia Butler

SUMMARY:

Section 112.313(5), F. S., as amended by Ch. 74-177, Laws of Florida, prohibits an agency employee from accepting employment with any business entity regulated by or engaged in business with the employee's agency. As an Officer I with Florida Parole and Probation Commission, Mr. Mansfield is subject to prohibitions of the section [see s. 112.312(1), F. S.]. Mr. Mansfield is also an Aid Counselor with the Special Services Division of Edison Community College. Since the Special Services Division projects are in no way subject to the regulation of, or doing business with, the Parole and Probation Commission, Mr. Mansfield's dual employment does not violate s. 112.313(5), supra.

QUESTION:

Is there a prohibited employment under s. 112.313(5), F. S., as amended by Ch. 74-177, Laws of Florida, when a person is employed both as an Officer I by the Florida Parole and Probation Commission and as an Aid Counselor with the Special Services Division of Edison Community College?

This question is answered in the negative.

Section 112.313(5), supra, states in part:

No public officer or employee of an agency shall accept other employment with any business entity subject to the regulation of, or doing business with, an agency of which he is an officer or employee nor shall an officer or employee of an agency accept other employment that will create a conflict between his private interests and the performance of his public duties. . . .

As an employee of an agency, an Officer I is covered by the prohibitions of this section. See s. 112.312(1), F. S., as amended by Ch. 74-177, supra.

In order for your work as an Aid Counselor to be prohibited by this law, the Special Services Division of Edison Community College must either: Be subject to the regulation of the Florida Parole and Probation Commission or be doing business with the commission.

We find no conflict between your public duties as an employee of the Parole and Probation Commission and your private interests, manifested by your work as an aid counselor working with Project Brother, established with the major purpose of providing free community education to minority groups. This project and others sponsored by the Special Services Division are in no way subject to the regulation of, or doing business with, the Parole and Probation Commission. There appears to be no connection whatsoever between the two positions which you hold.

Therefore, it is our opinion that your employment with the Parole and Probation Commission and your work as an Aid Counselor for the Special Services Division of Edison Community College do not constitute a prohibited employment under s. 112.313(5), supra.