CEO 76-90 -- May 17, 1976

CONFLICT OF INTEREST

CITY ATTORNEY ACTING AS PROSECUTOR AT LICENSING BOARD HEARING AND AS ATTORNEY FOR CITY COUNCIL AT REVIEW

To: Richard V. S. Roosa, City Attorney, Cape Coral

Prepared by: Gene Rhodes

SUMMARY:

No provision of the Code of Ethics for Public Officers and Employees would prohibit a city attorney from acting as prosecutor at hearings before the construction industry licensing board and serving later as attorney for the city council when those hearings are reviewed. This commission lacks jurisdiction to advise as to one's ethical responsibilities as an attorney, however; such inquiries should be directed to The Florida Bar.

QUESTION:

Does a prohibited conflict of interest exist where I, as city attorney, act as prosecutor at construction industry licensing board hearings and thereafter as attorney for the city council at the time the council reviews the results of aforesaid hearings?

Your question is answered in the negative.

You have advised us in your letter of inquiry that it is the practice of the City of Cape Coral that the city attorney act as prosecutor at hearings before the construction industry licensing board. As prosecutor you prepare the orders to show cause and the final orders of the licensing board. By city ordinance the city council may review the findings and decisions of the examining board.

There is no provision in the Code of Ethics for Public Officers and Employees that would prohibit you from acting as prosecutor at the aforementioned hearings and later acting as attorney for the city council when those hearings are reviewed. This commission lacks jurisdiction to advise you as to your ethical responsibilities as a member of The Florida Bar. Questions of that nature may be directed to the Professional Ethics Committee, The Florida Bar, Tallahassee, Florida 32304.