CEO 76-17 -- January 16, 1976

CONFLICT OF INTEREST

PLANNING AND ZONING COMMISSIONER DOING BUSINESS WITH COUNTY

To: George T. Dunlap III, City Attorney, Bartow

Prepared by: Gene Rhodes

SUMMARY:

Reference is made to CEO 76-6. No conflict of interest is deemed to exist where a member of a municipal zoning commission is director of a bank which makes loans to the city. Although Fla. Stat. s. 112.313(3)(1975) seemingly would prohibit such business transactions, the subject board member has no input into loans contracted by the city commission. Pursuant to the intent statement of s. 112.316, the loan transactions do not interfere with the discharge of his public duty and therefore are not deemed to constitute conflicting private interests.

QUESTION:

Does a prohibited conflict of interest exist where a zoning commission member is the president, a director, and a minority stockholder of a bank doing business with the city?

Your question is answered in the negative.

Your letter of inquiry advises us that the subject bank does not deal directly with the zoning commission, but rather is a depository for city funds and occasionally makes loans to the city. There are no present loans outstanding.

Please find enclosed a copy of a recent opinion of this commission, CEO 76-6, the rationale of which is equally applicable to your inquiry. Your question is answered accordingly in the negative.