CEO 82-81 -- October 29, 1982

CONFLICT OF INTEREST

DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES EMPLOYEE EMPLOYED PART-TIME BY PRIVATE ADOPTION AGENCY AND PRACTICING AS PRIVATE CLINICAL SOCIAL WORKER

To: Mr. Eric Foxman, Social and Rehabilitative Services Counselor II, District 7, Department of Health and Rehabilitative Services

SUMMARY:

No prohibited conflict of interest would be created were a Social and Rehabilitative Services Counselor II in the Adoption and Related Services Unit of District 7, Department of Health and Rehabilitative Services, to work as a part-time contract employee of an adoption agency involved with the adoption of foreign children. The adoption agency is not doing business with, or subject to the regulation of, District 7 of the Department. Nor would a continuing or frequently recurring conflict of interest be created, as the adoption agency specializes in the adoption of foreign children, while the Department is not involved in placing foreign children.

No prohibited conflict of interest would be created were the individual to practice part-time as a private clinical social worker, unless he provides counseling to an individual or to a family being counseled, evaluated, or supervised by the Adoption and Related Services Unit or who otherwise might be involved with the Unit.

QUESTION 1:

Would a prohibited conflict of interest exist were you, a Social and Rehabilitative Services Counselor II in the Adoption and Related Services Unit of District 7, Department of Health and Rehabilitative Services, to work as a part-time contract employee of an adoption agency involved with the adoption of foreign children?

This question is answered in the negative.

In your letter of inquiry you advise that you are employed by the Department of Health and Rehabilitative Services as a Social and Rehabilitative Services Counselor II in the Adoption and Related Services Unit of District 7. In that position, you advise, you are responsible primarily for interviewing, training, counseling, evaluating, and supervising adoptive families seeking to adopt children available through the Department. You also prepare, counsel, and supervise foster children in the adoption process.

You question whether you may work as a part-time contract employee of a private, nonprofit adoption agency which specializes in the adoption of foreign children. In that position, you would evaluate and supervise families seeking to adopt children through that agency. The adoption agency is licensed by the Department as a child-placing agency through the Department's offices in District 5. There is no relationship between the adoption agency and District 7, and the Department is not involved in placing foreign children. Should the adoption agency not be able to find a foreign child for a family, the agency would list the family on the Department's adoption resource exchange, if the family is willing to adopt an American child. The exchange is a statewide listing service of children in need of adoptive homes and families seeking to adopt special-needs children. This service is geared to match families with waiting children when local agencies and the Department are unable to find adoptive homes for the children.

The Code of Ethics for Public Officers and Employees provides in relevant part:

CONFLICTING EMPLOYMENT OR CONTRACTUAL RELATIONSHIP. -- No public officer or employee of an agency shall have or hold any employment or contractual relationship with any business entity or any agency which is subject to the regulation of, or is doing business with, an agency of which he is an officer or employee . . . ; nor shall an officer or employee of an agency have or hold any employment or contractual relationship that will create a continuing or frequently recurring conflict between his private interests and the performance of his public duties or that would impede the full and faithful discharge of his public duties. [Section 112.313(7)(a), Florida Statutes (1981).]

The first portion of this provision prohibits a public employee from having any employment or contractual relationship with a business entity which either is subject to the regulation of, or is doing business with, his public agency. As you are an employee of District 7 of the Department, we find that District to be your "agency" for purposes of the Code of Ethics. See CEO 81-2. However, under the circumstances you have presented, we find that the adoption agency with which you would be employed part-time is neither doing business with, nor subject to the regulation of, District 7.

Nor do we find that the employment you propose would create a continuing or frequently recurring conflict of interest or would impede the full and faithful discharge of your public duties. In particular, we note that the adoption agency serves families who want to adopt foreign children, while the Department is not involved in placing foreign children.

Accordingly, we find that no prohibited conflict of interest would be created were you to work as a part-time contract employee of an adoption agency involved with the adoption of foreign children.

QUESTION 2:

Would a prohibited conflict of interest be created were you, a Social and Rehabilitative Services Counselor II in the Adoption and Related Services Unit of District 7, Department of Health and Rehabilitative Services, to practice part-time as a private clinical social worker?

This question is answered in the negative.

In your letter of inquiry and in a telephone conversation with our staff, you advise that you are seeking a license as a clinical social worker from the Department of Professional Regulation. In that capacity, you would provide counseling, consultation, or therapy to individuals and families. Your clients would be obtained through referrals and by word of mouth in the community, you advised, and you would not solicit clients through the Department. You question whether under the Code of Ethics you may provide your private services to persons who formerly were clients in any of the programs of the Department.

In our view, your practicing as a clinical social worker would not violate Section 112.313(7)(a), Florida Statutes, which is quoted above in our response to your first question. It does not appear that you would have any employment or contractual relationship with a "business entity," as that term is defined in Section 112.312(3), Florida Statutes. Nor does it appear that this part-time, private employment would conflict with the performance of your public duties, unless you were providing counseling to an individual or to a family who is being counseled, evaluated, or supervised by the Adoption and Related Services Unit or who otherwise might be involved with the Unit. As to former clients of the Department, we perceive no conflict of interest.

However, we would caution you to avoid using your official position or any of the resources of the Department in the solicitation or counseling of private clients, as such actions might violate the following prohibition of the Code of Ethics:

MISUSE OF PUBLIC POSITION. -- No public officer or employee of an agency shall corruptly use or attempt to use his official position or any property or resource which may be within his trust, or perform his official duties, to secure a special privilege, benefit or exemption for himself or others. This section shall not be construed to conflict with s. 104.31. [Section 112.313(6), Florida Statutes (1981).]

Accordingly, we find that no prohibited conflict of interest would be created were you to practice part-time as a private clinical social worker.