CEO 87-61 -- July 30, 1987
CONFLICT OF INTEREST
CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION MEMBER
AND TRAINING CENTER DIRECTOR TRAINING PRIVATE SECURITY
OR LAW ENFORCEMENT PERSONNEL
To: Mr. John C. Fulford, Member, Criminal Justice Standards and Training Commission, Bradenton
SUMMARY:
No prohibited conflict of interest would be created under Section 112.313(7), Florida Statutes, were a criminal justice standards and training commission member who also is a law enforcement training center director to become involved in the training of private security personnel or to act as a consultant for persons involved in private security work. The Commission has no authority over persons engaged in private security work, who are regulated by the Department of State. However, given the authority of the Commission as provided in Chapter 943, Florida Statutes, over law enforcement and corrections personnel and their training, Section 112.313(7) would prohibit a member of the Commission from acting as a consultant to individuals involved in the training of law enforcement and corrections personnel in the State.
QUESTION 1:
Would a prohibited conflict of interest be created were you, a member of the Criminal Justice Standards and Training Commission and a training center director, to become involved in the training of security personnel or to consult with persons involved in private security work?
This question is answered in the negative.
In your letter of inquiry and in a telephone conversation with our staff, you have advised that you serve as a member of the Criminal Justice Standards and Training Commission and that you are employed by the Manatee County School Board through its area vocational center as Director of the Law Enforcement Training Center. You advise that the Center is one of 42 training centers which have been created throughout the State to train law enforcement personnel.
The Criminal Justice Standards and Training Commission is composed of 17 members, one of whom is required to be a training center director. Section 943.11, Florida Statutes. Under Section 943.12, Florida Statutes (Supp. 1986), the Commission's powers include certifying and revoking the certification of law enforcement officers, instructors, and criminal justice training schools; establishing uniform minimum employment standards; establishing uniform minimum training standards for law enforcement officers; and establishing minimum curricular requirements for training schools. The Commission's rules on these and other subjects are found in Chapter 11B, Florida Administrative Code.
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 (1985).]
This provision prohibits a public officer or employee from having any employment or contractual relationship that is with a business entity subject to the regulation of his agency, that would create a continuing or frequently recurring conflict of interest, or that otherwise would impede the discharge of his public duties.
Persons who are involved in private security work are licensed and regulated by the Department of State. Under Chapter 493, Florida Statutes, private investigators, watchmen, guards, and patrolmen are required to be licensed and may be disciplined by the Department of State. Therefore, as neither the Commission nor the training center which you serve as Director is involved in the licensing or regulation of persons in the private security field, we find no conflict of interest as would be prohibited by Section 112.313(7)(a), Florida Statutes, were you to engage in the activities which you propose.
Accordingly, we find that no prohibited conflict of interest would be created were you to become involved in the training of security personnel or to consult with persons involved in private security work while remaining a member of the Criminal Justice Standards and Training Commission and a training center director.
QUESTION 2:
Would a prohibited conflict of interest be created were you, a member of the Criminal Justice Standards and Training Commission and a training center director, to act as a consultant to persons involved in the training of law enforcement and corrections personnel in the State?
This question is answered in the affirmative.
In CEO 77-28, we advised that a person serving as Executive Director of the State Board of Accountancy would be prohibited by Section 112.313(7)(a), Florida Statutes, from teaching a course to accountants for continuing education credit. Our conclusion was based on the Board's authority to regulate professional development courses. Here, the Criminal Justice Standards and Training Commission is responsible for certifying law enforcement officers, correctional officers, and correctional probation officers, as well as for certifying instructors and establishing training standards and curricular requirements. Under Section 943.135, Florida Statutes, the Commission is required to adopt a program regarding mandatory continuing training or education. Additionally, under Section 943.22, Florida Statutes, the Commission is responsible for administering a salary incentive program for law enforcement officers based upon their training and education. Because of the Commission's authority in these areas, we are of the opinion that your employment as a consultant to persons involved in the training of law enforcement and corrections personnel would impede the full and faithful discharge of your public duties.
Accordingly, we find that a prohibited conflict of interest would be created were you to act as a consultant to persons involved in the training of law enforcement and corrections personnel in the State while serving as a member of the Criminal Justice Standards and Training Commission.