CEO 76-108 -- June 17, 1976

CONFLICT OF INTEREST

MANAGER OF PUBLIC AUDITORIUM/COLISEUM ALSO A MEMBER OF MUSICIANS' UNION

To: (Name withheld at the person's request.)

Prepared by: Gene Rhodes

SUMMARY:

There is no provision of the Code of Ethics for Public Officers and Employees which prohibits a manager of a municipal auditorium/coliseum from holding membership in a musicians' union, where the city has entered into no agreement with the union.

QUESTION:

Does a prohibited conflict of interest exist where I am employed as manager of a city auditorium/coliseum and am a member of a musicians' union, if the city has entered no agreement with the union?

Your question is answered in the negative.

You inform us in your letter of inquiry that you have been employed by the city as manager of the auditorium/coliseum since November 1974 and have been a member of the musicians' union since 1968. Since joining the union, you occasionally have accepted employment as a pianist-entertainer through a booking agency that serves conventions throughout the southeastern United States. We understand from your letter of inquiry that you neither attend union meetings nor vote on union matters. You maintain your union membership solely for the purpose of making the above-described personal appearances. Additionally, no formal agreements exist between the musicians' union and either the coliseum or the auditorium.

We find no provision of the Code of Ethics for Public Officers and Employees which prohibits the situation you describe. Your question is answered accordingly in the negative.