CEO 75-179 -- August 26, 1975

CONFLICT OF EMPLOYMENT

SCHOOL BOARD MEMBER ALSO AN INSTRUCTIONAL EMPLOYEE OF THE SCHOOL SYSTEM

To: Bill Walker, Attorney, Brevard County School Board, Titusville

Prepared by: Gene Rhodes

SUMMARY:

Section 112.313(5), F. S. (1974 Supp.), prohibits a public officer or employee from accepting employment with any business entity subject to the regulation of, or doing business with, an agency of which he is an officer or employee. The revised standards of conduct provision relating to outside employment, however, stipulates that the prohibition shall not apply to anyone holding office in violation of the provision on the effective date of the act, October 1, 1975. Rather, "such a person shall surrender his conflicting employment prior to seeking re-election or accepting reappointment to office." Section 112.313(10), F. S., as amended by Ch. 75-208, Laws of Florida. The legislative intent, therefore, is to allow such conflicting employment to continue until October 1, 1975, at which time it will be prohibited except as to those persons already holding such employment on October 1. Accordingly, a school board member who also serves as an instructional employee of the school system may serve out his term while being employed as a teacher. However, before seeking re-election he must choose which of the two positions he wishes to hold.

QUESTION:

Does a conflict of interest exist where a school board member is also an instructional employee in the school system regulated by the board?

The current Code of Ethics states in relevant part:

No public officer or employee of an agency shall accept other employment with any business entity subject to the regulation of, or doing business with, an agency of which he is an officer or employee . . . . [Section 112.313(5), F. S. (1974 Supp.).]

Said employment would apparently pose a conflict in violation of s. 112.313(5); however, it is our view that recent action by the 1975 Legislature warrants a different interpretation of s. 112.313(5). The revised Code of Ethics which will take effect October 1, 1975, states in pertinent part:

Employees Holding Office. -- No employee of a state agency or of a county, municipality, special taxing district, or other political subdivision of the state shall hold office as a member of the governing board, council, commission, or authority, by whatever name known, which is his employer while, at the same time, continuing as an employee of such employer. [Section 112.313(10), F. S. (1974 Supp.), as amended by Ch. 75-208, Laws of Florida.]

The provisions of s. 112.313(10), Florida Statutes, as created by this act, shall not apply to any person holding office in violation of such provisions on the effective date of this act. However, such a person shall surrender his conflicting employment prior to seeking re-election or accepting reappointment to office. [Section 10, Ch. 75-208, Laws of Florida.]

This language indicates to us that it was the intention of the Legislature to allow this type of conflicting employment to continue until October 1, 1975, at which time it would be prohibited except as to those persons holding office in violation of such provisions on October 1. Accordingly, the concerned School Board member will be permitted to serve out his present term on the board while being employed as an instructional employee by the school system. However, before seeking re-election it will be necessary for him to choose which of these two positions he wishes to hold, for the new law stipulates that he must surrender his instructional job with the school system prior to seeking re-election to the School Board.