CEO 85-78 -- October 24, 1985

CONFLICT OF INTEREST

STATE REPRESENTATIVE SERVING ON BOARD OF DIRECTORS OF ORGANIZATION RECEIVING STATE FUNDS

To: The Honorable Rick Dantzler, State Representative, District 43, Winter Haven

SUMMARY:

No prohibited conflict of interest would be created were a State representative to serve on the Board of Directors of an organization which provides drug and alcohol rehabilitation services and which receive State and county funding. CEO's 81-6 and 82-92 are referenced.

QUESTION:

Would a prohibited conflict of interest be created were you, a State Representative, to serve on the board of directors of an organization which provides drug and alcohol rehabilitation services and which receives State and county funding?

Your question is answered in the negative.

In your letter of inquiry you advise that recently you were invited to serve on the Board of Directors of an organization which provides drug and alcohol rehabilitation services for individuals in Polk, Highlands, and Hardee Counties. Although this is a private organization, it receives some State and county funding as part of its budget. Finally, you advise that your wife is employed by the organization as a substance abuse counselor for adolescents.

In a previous opinion, CEO 81-6, we advised that the Code of Ethics for Public Officers and Employees would not prohibit a State Representative from acting as an attorney for a private corporation which was eligible to receive State funds. In addition, in CEO 82-92 we advised that the Code of Ethics would not prohibit a State Representative from being employed by a nonprofit corporation which received State and county funding.

Based on the rationale of these opinions, we find that the Code of Ethics would not prohibit you from serving on the board of directors of an organization which receives State and county funding. Similarly, no provision of the Code of Ethics would preclude your wife from being employed by the organization.

Accordingly, we find that no prohibited conflict of interest would be created were you to serve on the board of directors of an organization which provides drug and alcohol rehabilitation services and which receives some State and county funding. Please be advised that under the Sunshine Amendment [Article II, Section 8(e), Florida Constitution] you should not undertake to represent the organization for compensation before any State agency other than judicial tribunals.