CEO 76-87 -- May 17, 1976

CONFLICT OF INTEREST

STATE LEGISLATOR EMPLOYED BY CONDOMINIUM ASSOCIATION

To: John Adams, State Representative, District 94, Fort Lauderdale

Prepared by: Gene Rhodes

SUMMARY:

The voting rights of a state legislator are not impaired by his private employment as an administrative consultant to a condominium association. Florida Statute s. 112.3143(1975) states that no public officer may be prohibited from voting in his official capacity. Where a voting conflict of interest exists, however, the officer either may abstain from voting or may exercise his right to vote and make a public disclosure of the conflict. Further, such employment does not constitute a prohibited conflict of interest for the legislator.

QUESTIONS:

1. Does my position as an administrative consultant to Condominium-Co-op Executives Council of Florida, Inc. interfere with my right to vote in my capacity as a legislator?

2. Does a prohibited conflict of interest exist where I, as a state legislator, am additionally an administrative consultant to Condominium-Co-op Executives Council of Florida, Inc.?

Question 1 is answered in the negative.

Please find enclosed a copy of CEO 76-23, question 3 of which fully explains the present state of the law as to voting conflicts. The rationale of that response is equally applicable to your inquiry, which is answered accordingly in the negative.

Question 2 is answered in the negative.

There is no provision in the Code of Ethics for Public Officers and Employees that would prohibit you from simultaneously being a state legislator and an administrative consultant to the above-named condominium association.