CEO 75-18 -- February 5, 1975

DISCLOSURE OF CONFLICTS

APPLICABILITY OF CONFLICT OF INTEREST LAWS TO CITY EMPLOYEES ALSO SERVING AS DIRECTORS OF EMPLOYEE ASSOCIATION ENGAGED IN BARGAINING WITH THE CITY

To: Guy L. Kennedy, Jr., Assistant City Attorney, Clearwater

Prepared by: Gene L. "Hal" Johnson

SUMMARY:

Pursuant to CEO 74-59, a labor union entering into a contract with a city recognizing that union as the bargaining agent for the city employees is "doing business" with the city within the meaning of s. 112.313(3), F. S., as amended by Ch. 74-177, Laws of Florida. Similarly, when a city enters into contract with an employee's association recognizing it as the bargaining agent, the association also is "doing business" with the city. Therefore, employees of the City of Clearwater who are also officers or directors of the Clearwater Employees Association must comply with the disclosure of conflicts provision, s. 112.313(3), F. S., by filing CE Form 3. Since this opinion marks an alteration in the relationship between the City of Clearwater and the Clearwater Employees Association, question 2 of CEO 74-73 is hereby revoked.

QUESTION:

Must city employees who also serve as directors and officers of the Clearwater Employees Association file CE Form 3, Disclosure of Conflicts of Interest, if the city has entered into a contract with the association making it the bargaining agent for the city employees?

This question is answered in the affirmative.

The provision upon which CE Form 3 is promulgated states in part:

If a public officer or employee of an agency is an officer, director, partner, proprietor, associate or general agent (other than a resident agent solely for the service of process) of, or owns a material interest in, any business entity which is granted a privilege to operate, or is doing business with an agency of which he is an officer or employee, he shall file a statement disclosing such facts within forty-five days of becoming an officer or employee or within forty-five (45) days of the acquisition of such position or of such material interest. [Section 112.313(3), F. S., as amended by Ch. 74- 177, Laws of Florida.]

Thus, the main issue to be resolved under the circumstances you present is whether the Clearwater Employees Association can be said to be "doing business" with the City of Clearwater.

In an earlier opinion of this commission, CEO 74-59, we held that, when a city enters into a contract with a labor union recognizing it as the bargaining agent for the city employees, the labor union is "doing business" with the city within the meaning of s. 112.313(3), supra. Similarly, we must conclude that when a city enters into a contract with an employees' association recognizing it as the bargaining agent for the city employees, the association, too, is doing business with the city.

Accordingly, it is our opinion that those individuals who are city employees and are also serving as officers or directors of the Clearwater Employees Association must comply with the disclosure of conflicts provision, s. 112.313(3), F. S., by filing CE Form 3.

This opinion, being based upon a change in the relationship between the Clearwater Employees Association and the City of Clearwater, hereby revokes question 2 of our earlier opinion to you numbered CEO 74-73.