CEO 76-132 -- July 26, 1976

CONFLICT OF INTEREST

MAYOR EMPLOYED AS COUNTY'S CHIEF BUILDING OFFICIAL

To: Honorable J. A. Combs, Mayor, Wildwood

Prepared by: Gene Rhodes

SUMMARY:

The Code of Ethics prohibits a public officer from holding employment with an agency which is subject to the regulation of, or is doing business with, an agency of which he is an officer. As a county department is not subject to the regulation of a city within that county, and as the commission has previously determined that agreements or contracts between governmental agencies are not the genre of business contemplated by the Code of Ethics, no prohibited conflict of interest would be created were a mayor of a city to accept employment as the chief building official of the county in which the city lies.

QUESTION:

Would a prohibited conflict of interest be created were I to accept employment as a county's chief building official while concurrently serving as mayor of a city within that county?

This question is answered in the negative.

Your letter of inquiry advises us that you have applied for a position as chief building official for a county. Presently you serve as mayor of a city within that county. The office of mayor is a part-time one, while the county position would constitute full-time employment. Additionally, you advise that you do not own an interest in any business regulated by the county building department, and you would not be making inspections, as the position of chief building official is administrative in nature.

The Code of Ethics for Public Officers and Employees states in relevant part:

CONFLICTING EMPLOYMENT OR CONTRACTUAL RELATIONSHIP. -- No public officer or employee of an agency shall have or hold any employment or contractual relationship with any business entity or any agency which is subject to the regulation of, or is doing business with, an agency of which he is an officer or employee . . . ; nor shall an officer or employee of an agency have or hold any employment or contractual relationship that will create a continuing or frequently recurring conflict between his private interests and the performance of his public duties or that would impede the full and faithful discharge of his public duties. [Fla. Stat. s. 112.313(7)(a)(1975); emphasis supplied.]

The emphasized portion of the above-quoted provision prohibits a public officer from accepting employment with an agency which is subject to the regulation of, or is doing business with, an agency of which he is an officer. Obviously, the county building department is not subject to the regulation of the city. As to the county building department doing business with the city, we have previously determined that agreements or contracts between governmental agencies are not the genre of business contemplated by s. 112.313(7). See CEO 76-2.

Accordingly, the Code of Ethics does not prohibit you from accepting the position as chief county building official while concurrently being mayor of a city within that county.