CEO 76-35 -- February 13, 1976

CONFLICT OF INTEREST

CHIEF OF A COUNTY FIRE DEPARTMENT SELLING FIRE EQUIPMENT TO THAT COUNTY

To: Terrence P. McCarthy, Assistant County Attorney, Martin County, Stuart

Prepared by: Gene Rhodes

QUESTION:

Does a prohibited conflict of interest exist where the chief of a county fire department sells fire equipment to that county?

Your question is answered in the affirmative.

Your letter of inquiry advises us that the subject fire chief heads a volunteer fire department, for which duties he is employed on a part-time basis at an annual salary of $4,000. His employment, though part-time, is standard in that he is eligible for retirement benefits upon retiring. In a private capacity, the chief owns and operates a company that deals in fire equipment, said company making substantial sales to the county.

Please find enclosed a copy of a recent opinion of this commission, CEO 76-7, the rationale of which is equally applicable to your inquiry. Your question is answered accordingly in the affirmative.