CEO 76-11 -- January 16, 1976

CONFLICT OF INTEREST

CITY COMMISSIONER EMPLOYED BY BUSINESS SELLING TO THE CITY

To: John P. White, Attorney, City of Lake Wales

Prepared by: Gene Rhodes

SUMMARY:

Reference is made to CEO 76-15. Pursuant to the prohibition set forth in Fla. Stat. s. 112.313(7)(1975), a local officer may not hold private employment with a business entity which does business with the public agency in which he serves. The term "agency" is defined by s. 112.312(2) to include any local or municipal governmental entity and any department or division therein. Where a city manager purchases goods on behalf of the city from a business which employs a city commissioner, s. 112.313(7) is violated inasmuch as the city manager's agency is deemed to be the city commission, the appointing and supervisory body to the office of the city manager.

QUESTION:

Does a prohibited conflict of interest exist where the city manager purchases goods from an automobile and truck parts and service business that employs a city commissioner?

Your question is answered in the affirmative.

Your letter of inquiry advises us that the aforementioned automobile parts store is one of three in your city, and, as purchasing agent for the city, the city manager purchases from all three stores through open accounts.

Please find enclosed a copy of a recent opinion of this commission, CEO 76-15, the rationale of which is equally applicable to your inquiry. Your question is answered accordingly in the affirmative.