CEO 82-70 -- September 20, 1982
CONFLICT OF INTEREST
PART-TIME EMPLOYEES OF CITY DEPARTMENT OF PARKS AND RECREATION COACHING LITTLE LEAGUE BASEBALL AND SERVING ON BOARD OF DIRECTORS OF LITTLE LEAGUE ORGANIZATION
SUMMARY:
No prohibited conflict of interest exists where a part-time employee of a city department of parks and recreation also serves as a member of the board of directors of a nonprofit little league organization and receives compensation from the organization for coaching little league baseball. Although the little league organization receives funds from the city council, that organization is not doing business with the department of parks and recreation, the employee's "agency," as defined in Section 112.312(2), Florida Statutes. Therefore, Section 112.313(7), Florida Statutes, does not apply. Nor would Section 112.313(3), Florida Statutes, prohibit the situation, as found in previous opinion CEO 82-54.
QUESTION:
Does a prohibited conflict of interest exist where a part-time employee of a city department of parks and recreation also serves as a member of the board of directors of a nonprofit little league organization and receives compensation from the organization for coaching little league baseball?
Your question is answered in the negative.
In your letter of inquiry you advise that five part-time employees of the City of North Miami also are members of the board of directors of a nonprofit little league organization and coach in that organization. As coaches, they receive compensation from the organization, and as board members of the little league, they request funds from the City which are at least the partial source of their pay as coaches.
In a telephone conversation with our staff, you advised that these individuals are employed by the City with the Department of Parks and Recreation. They are part of a hired staff which works part-time with children to teach them such activities as basket weaving, volleyball, basketball, etc. These part-time employees coach little league on their private time. You further advised that the little league board of directors requests funds from the City through the Parks and Recreation Commission, a body of appointed citizens. In making its decision, the Commission may receive advice from the Department of Parks and Recreation. The Commission then makes a recommendation to the City Council, which makes the ultimate decision to grant or withhold funding.
Section 112.313(3), Florida Statutes, prohibits a City employee from serving as a director of an entity which is selling any services to the City. However, in previous opinion CEO 82-64 we advised that the little league organization is not selling any services to the City within the contemplation of Section 112.313(3), Florida Statutes.
In addition, Section 112.313(7)(a), Florida Statutes, prohibits a public employee from having any employment or contractual relationship with a business entity which is doing business with his agency. The members of the board of directors of the little league organization, we advised in CEO 82-64, do not have an employment or contractual relationship with the organization because they serve without compensation. As coaches paid for their services by the organization, however, the subject employees do have such an employment or contractual relationship.
Nevertheless, we find that Section 112.313(7)(a) does not prohibit the subject employees from coaching for the organization, as the little league organization is not doing business with the City Department of Parks and Recreation, their "agency," but instead is doing business with the City Council which grants funds to the organization. The term "agency" is defined in Section 112.312(2), Florida Statutes, as
any state, regional, county, local, or municipal government entity of this state, whether executive, judicial, or legislative; any department, division, bureau, commission, authority, or political subdivision of this state therein; or any public school, community college, or state university. [Section 112.312(2), Florida Statutes (1981).]
Under this definition, we distinguish the City Council as an "agency" for purposes of the Code of Ethics as an entity separate and distinct from the City Department of Parks and Recreation. See CEO's 80-2 and 81-32.
Accordingly, we find that no prohibited conflict of interest exists where the subject part-time City employees also serve as members of the board of directors of a nonprofit little league organization and receive compensation from the organization for coaching little league baseball.