CEO 75-77 -- April 3, 1975

CONFLICT OF INTEREST

PROPRIETY OF INDIVIDUAL BEING SIMULTANEOUSLY A MEMBER OF BOTH A CITY AND COUNTY PLANNING BOARD

To: Donald J. Seps, City Attorney, Ormond Beach

Prepared by: Gene L. "Hal" Johnson

SUMMARY:

The Code of Ethics for Public Officers and Employees primarily regulates a public official's conduct where his private interests are in conflict with his public duties. No conflict of interest exists under the Code of Ethics where an individual serves simultaneously on both a city and a county planning board. There may be a constitutional question, however, on which the advice of the Attorney General may be sought.

QUESTION:

Is a conflict of interest created where a citizen of Ormond Beach, Mr. Robert Elston, serves simultaneously as a member of the Ormond Beach Planning Board and the Volusia County Planning Board?

Your question is answered in the negative.

While the scope of the Code of Ethics, part III, Ch. 112, F. S., as amended by Ch. 74-177, Laws of Florida, is broad, it primarily regulates an officer's conduct where his private interests create a conflict of interest with his public duties. We can find no provision of the code which would preclude the simultaneous holdings of these public positions.

While we must therefore conclude that no conflict of interest is created under the Code of Ethics, we should caution that our opinion is limited to the application of the Code of Ethics to the stated factual situation. We do not purport to answer the underlying constitutional question of whether this constitutes a prohibited dual officeholding. You may wish to obtain the advice of the Attorney General in this regard.