CEO 76-100 -- May 17, 1976

CONFLICT OF INTEREST

CITY EMPLOYEE SELLING TO CITY

To: J. H. Roberts, City Attorney, Lakeland

Prepared by: Gene Rhodes

SUMMARY:

An employee of a municipality's property information office who privately is the local distributor for a brand of polish is not prohibited from making sales to the fire and purchasing departments of the city. Reference is made to CEO 76-6. The property information office, the subject employee's agency for purposes of the Code of Ethics, exercises no control or supervision over the other two departments. Consequently, Florida Statute s. 112.313(7) is not violated by such transactions.

QUESTION:

Would a prohibited conflict of interest be created were an employee of the city's property information office (PIO) to sell polish to the City of Lakeland Fire Department and Purchasing Department?

Your question is answered in the negative.

You have advised us in your letter of inquiry that the subject employee is the local distributor for a brand of polish he seeks to sell to the city. As an employee of PIO, he has no control or supervision over the city's purchasing procedures. The PIO supplies information to members of the public and to city employees concerning the ownership of property within the city and the status of ad valorem taxes in regard thereto.

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