CEO 76-68 -- April 16, 1976

CONFLICT OF INTEREST

OFFICER OF REGIONAL PLANNING COUNCIL LOBBYING THE LEGISLATURE

To: Owen N. Powell, Attorney, Northwest Florida Planning and Advisory Council, Panama City

Prepared by: Gene Rhodes

SUMMARY:

No provision of the Code of Ethics prohibits an officer of a regional planning council from expressing his opinions before a legislative committee or to a member of the Legislature. As each house of the Legislature has established its own rules pertaining to lobbying activities, further questions in this regard should be directed to the Select Committee on Standards and Conduct of the House of Representatives or the Committee on Rules and Calendar of the Senate.

QUESTION:

Does a prohibited conflict of interest exist where an officer of a regional planning council expresses his opinions before a legislative committee or to a member of the Legislature?

Your question is answered in the negative.

Your letter of inquiry advises us that the President of the Northwest Florida Planning and Advisory Council does not receive a salary but is reimbursed for expenses incurred when he is on council business.

The Code of Ethics for Public Officers and Employees contains no provision which would prohibit the situation you describe.

Please note that, pursuant to Florida Statute s. 112.322(2)(a)(1975), the Commission on Ethics does not have the statutory authority to issue an advisory opinion interpreting any law not contained within the Code of Ethics for Public Officers and Employees, part III, Ch. 112, F. S. Each house of the Legislature has established its own rules pertaining to lobbying activities. If you have further questions in this area, we recommend that you contact the Select Committee on Standards and Conduct of the House of Representatives or the Committee on Rules and Calendar of the Senate.