CEO 76-211 -- December 16, 1976

CONFLICT OF INTEREST

COUNTY COMMISSIONER AND LAW PARTNER OF COUNTY ATTORNEY SERVING ON BOARD OF DIRECTORS OF NONPROFIT CORPORATION CONTRACTING WITH STATE AGENCY

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

Prepared by: Phil Claypool

SUMMARY:

No prohibited conflict of interest is created where a county commissioner or law partner of the county attorney serve on the board of directors of a nonprofit corporation which indirectly receives county funds through a contract with a state agency. Although s. 112.313(3), F. S. 1975, prohibits a public officer acting in his official capacity from directly or indirectly purchasing services for his public agency from a business entity of which he is a director, this provision is not applicable in the instant case because the corporation has contracted to provide services to the state agency. It has not contracted with the county.

QUESTIONS:

1. Does a prohibited conflict of interest exist where a county commissioner also serves on the board of directors of a nonprofit corporation which indirectly receives county funds through a contract with a state agency?

2. Does a prohibited conflict of interest exist where I, a law partner of the county attorney, serve on the board of directors of a nonprofit corporation which indirectly receives county funds through a contract with a state agency?

Question 1 is answered in the negative.

You have stated in your correspondence and in telephone conversation with our staff that ____ is a County Commissioner for ____ and that he also serves on the Board of Directors of ____, which is a private, nonprofit corporation which holds a contract with the Division of Aging and Adult Services of Florida's Department of Health and Rehabilitative Services whereby the division provides funds to ____ so that ____ can provide informational and adult services over a five county area. According to ____, the contract provides that ____ annually give approximately $2,000 to the Division of Aging and Adult Services, which is matched by federal and state funds and then is distributed to ____.

Section 112.313(7)(a), F. S. 1975, which prohibits a public officer from having employment or a contractual relationship with a business entity which is doing business with his agency, does not apply both because the county commission does not have such relationship with ____ and because ____ is not doing business with ____.

Section 112.313(3), F. S. 1975 prohibits a county commissioner acting in his official capacity from directly or indirectly purchasing services for the county from a business entity of which he is a director and further prohibits a county commissioner acting in his private capacity from selling any services to the county or to any agency of the county. This provision does not apply because ____ has contracted to provide services for the Division of Aging and Adult Services; it has not contracted with ____ County.

Accordingly, we find that there is no prohibited conflict of interest where a county commissioner also serves on the board of directors of a nonprofit corporation which indirectly receives county funds through a state agency.

Question 2 is answered in the negative for the same reasons as stated in the rationale of our response to the first question above.