CEO 82-31 -- May 20, 1982

CONFLICT OF INTEREST

DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES DEPUTY ASSISTANT SECRETARY FOR OPERATIONS ACTING AS PARTNER IN DAY CARE CENTER

To: Mr. David H. Pingree, Secretary, Department of Health and Rehabilitative Services

SUMMARY:

No prohibited conflict of interest would be created were the Deputy Assistant Secretary for Operations of the Department of Health and Rehabilitative Services to enter into a partnership to operate a child day care center. In this instance, child care centers are regulated by the County Commission through the County Health Department, rather than by the Department of Health and Rehabilitative Services.

QUESTION:

Would a prohibited conflict of interest be created were the Deputy Assistant Secretary for Operations of the Department of Health and Rehabilitative Services to enter into a partnership to operate a child day care center? Your question is answered in the negative.

In your letter of inquiry you advise that Ms. Susanne Casey is the Deputy Assistant Secretary for Operations for the Department of Health and Rehabilitative Services. In that position she reports directly to and acts in the absence of the Assistant Secretary for Operations, who has full responsibility for all operational and service delivery activities in the eleven Districts of the Department. You also advise that the subject employee wishes to enter into a partnership which would operate a child day care center. Although she will provide funding for the facility, she will not be involved in the day-to-day operations and management of the center.

In addition, you advise that in the county in which the facility will be located, day care licensure is the responsibility of the County Commission, which by ordinance has placed day care center licensure responsibility with the County Health Director. Since day care licensure is a local matter handled solely by the County Health Director in his authority delegated by the County Commission, the control and responsibility of the subject employee's day care center would be outside the official capacity of the Department of Health and Rehabilitative Services. In other matters, however, the County Health Department acts as part of the Department of Health and Rehabilitative Services system. Thus, the County Health Department is funded by both the County and the Department, and the County Health Director is appointed and terminated by the concurrence of both the County Commission and the Department's District Administrator.

Finally, you advise that the subject employee does not intend to represent the day care center in any licensure activities and will not be involved actively with that process. Her role with the day care center would be financial, and therefore she would not have any occasion to deal with county health officials.

The Code of Ethics for Public Officers and Employees prohibits a public employee from having any contractual relationship with a business entity which is subject to the regulation of her agency. Section 112.313(7)(a), Florida Statutes. Here, the child care center would be regulated by the County Commission and the County Health Department as an agency of the County; the Department of Health and Rehabilitative Services would exercise no regulatory authority over the child care center.

Accordingly, we find that no prohibited conflict of interest would be created were the subject employee to enter into a partnership for the operation of a child day care center.