CEO 76-177 -- October 25, 1976

CONFLICT OF INTEREST

PLANNING AND ZONING DIRECTOR ACCEPTING PART-TIME EMPLOYMENT WITH PRIVATE REAL ESTATE APPRAISER

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

Prepared by: Gene Rhodes

SUMMARY:

A county planning and zoning director is not prohibited by the Code of Ethics from accepting part- time employment with a private real estate appraiser who occasionally is retained by the county commission to prepare appraisals for land being condemned. As the planning and zoning department neither does business with nor regulates private real estate appraisers, the director would not be holding employment or a contractual relationship prohibited by Florida Statute s. 112.313(7)(1975).

QUESTION:

Would a prohibited conflict of interest be created were I, a county's planning and zoning director, to accept part-time employment with a private real estate appraiser who occasionally does business with the county commission?

This question is answered in the negative.

Your letter of inquiry advises us that you are employed as county planning and zoning director and wish to accept part-time employment with a private real estate appraiser. This appraiser occasionally is retained by the county commission to prepare appraisals for land being condemned. Your agency, the planning and zoning department, neither does business with nor regulates the real estate appraiser with whom you would like to accept employment.

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).]

This provision prohibits a public officer or employee from having employment or a contractual relationship with a business entity doing business with or regulated by his public agency. As previously stated, the real estate appraiser for whom you contemplate working neither does business with nor is regulated by your agency. Consequently, the Code of Ethics does not prohibit you from accepting the above-described employment.