CEO 85-2 -- January 24, 1985

CONFLICT OF INTEREST

CITY WATER DISTRIBUTION FOREMAN REPAIRING PRIVATELY OWNED FIRE HYDRANTS

To: (Name withheld at the person's request.)

SUMMARY:

No prohibited conflict of interest exists where the pipefitter foreman with the water distribution section of a city public works department is engaged with two other city employees whom he does not supervise in the business of repairing and replacing privately owned fire hydrants. In this case, the city does not repair or replace private hydrants and the water distribution section is not responsible for licensing, permitting or inspecting private hydrants. In addition, Section 112.313(12)(c), Florida Statutes, exempts conflicts of interest based on the purchase or sale of any utilities service.

QUESTION:

Does a prohibited conflict of interest exist where you, a pipefitter foreman with the water distribution section of a city public works department, are engaged with two other city employees in the business of repairing and replacing privately owned fire hydrants?

Your question is answered in the negative.

In your letter of inquiry and in a telephone conversation with our staff, you have advised that you are employed as a Pipefitter Foreman with the Water Distribution Section of the City of Jacksonville Public Works Department, Division of Water Services. The Water Distribution Section maintains City water from the pumping stations to the consumers' water meters. As a pipefitter foreman, you are in charge of a crew of men who repair water mains and City fire hydrants.

You also have advised that you and two other City employees who are not subject to your supervision have started a business repairing and replacing privately owned fire hydrants. Although the City Fire Department checks both City and private hydrants to make sure that they are working properly, the City does not repair or replace private hydrants. Nor are you or the Water Distribution Section responsible for licensing, permitting, or inspecting private hydrants.

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 (1983).]

This provision prohibits you from having any employment or contractual relationship with a business entity which is subject to the regulation of your agency. However, it is clear that businesses which have private hydrants are not regulated in any manner by the Water Distribution Section.

Section 112.313(7)(a) also prohibits you from having any employment or contractual relationship with a business entity which is doing business with your agency. Nevertheless, Section 112.313(12)(c), Florida Statutes, exempts conflicts of interest based on the purchase or sale of "any utilities service." Therefore, we are of the opinion that you would not be prohibited from repairing private hydrants for businesses which receive water from the City. Finally, we see no reason to believe that your outside employment would present you with a frequently recurring conflict of interest or would impede the full and faithful discharge of your public duties.

Accordingly, we find that no prohibited conflict of interest exists where you are engaged in the business of repairing and replacing privately owned fire hydrants while being employed as a Pipefitter Foreman with the City's Water Distribution Section.