CEO 85-19 -- March 6, 1985

VOTING CONFLICT OF INTEREST

SPECIAL TAX DISTRICT COMMISSIONERS VOTING ON REIMBURSEMENT OF TRAVEL EXPENSES

To: Mr. Philip E. Perrey, General Counsel, West Coast Inland Navigation District, Bradenton

SUMMARY:

A special tax district commissioner is not prohibited from voting by Section 112.3143, Florida Statutes, to approve reimbursement of travel expenses for himself allowed by Section 112.061, Florida Statutes. Section 112.313(5), Florida Statutes, expressly permits a public officer to vote on a matter affecting his expenses as provided by law.

QUESTION:

Is a special tax district commissioner prohibited by Section 112.3143, Florida Statutes, from voting to approve reimbursement of travel expenses permitted by Section 112.061, Florida Statutes, for himself?

Your question is answered in the negative.

In your letter of inquiry you advise that the West Coast Inland Navigation District is a special tax district which operates under Chapter 61-1590, Laws of Florida, as amended. You also advise that under that Chapter and under Section 374.351, Florida Statutes, the governing board of the District is authorized to pay per diem and travel expenses to its members in accordance with Section 112.061, Florida Statutes, which provides uniform rates and limitations for the reimbursement of travel expenses by public agencies.

You further advise that Section 374.351 requires payment for per diem and travel expenses to be approved by the Board. Therefore, you question whether a District Commissioner may vote on the reimbursement of his travel expenses, in light of the prohibition in Section 112.3143, Florida Statutes (Supp. 1984), against a local public officer's voting "upon any measure which inures to his special private gain."

Although Section 112.3143 would seem to prohibit a District Commissioner from voting on the reimbursement of his travel expenses, the Code of Ethics for Public Officers and Employees also provides:

SALARY AND EXPENSES. -- No public officer shall be prohibited from voting on a matter affecting his salary, expenses, or other compensation as a public officer, as provided by law. [Section 112.313(5), Florida Statutes (1983).]

In our view, Section 112.313(5) clearly permits a public officer to vote on a matter affecting his expenses as provided by Section 112.061, Florida Statutes, regardless of the more general prohibition contained in Section 112.3143. This is in accordance with the rule of statutory interpretation that a specific provision in a statute will prevail over a general provision on the same subject matter. See 49 Fla. Jur. 2d Statutes, Section 182, and cases cited therein.

Accordingly, we find that the members of the West Coast Inland Navigation District Board of Commissioners are not prohibited from voting on the reimbursement of their travel expenses in accordance with Section 112.061, Florida Statutes. In light of our response to this question, it appears that we need not answer the other questions posed in your letter of inquiry.