CEO 77-22 -- February 17, 1977

CONFLICT OF INTEREST

STATE SENATOR APPEARING BEFORE COUNTY COMMISSIONERS OF COUNTY WITHIN HIS DISTRICT TO REQUEST REZONING

To: Thomas M. Gallen, Senator, 24th District, Bradenton

Prepared by: Phil Claypool

SUMMARY:

The Code of Ethics prohibits a public officer from holding any employment or contractual relationship with a business entity or agency which is subject to the regulation of, or is doing business with, his public agency or which creates a continuing conflict with and impedes the discharge of his public duty. Section 112.313(7)(a), F. S. 1975. A state senator's agency is the Legislature pursuant to the definition of "agency" contained in s. 112.312(2), F. S. (1976 Supp.). His representation of a client before a board of county commissioners within his legislative district does not constitute employment or a contractual relationship with that board; nor does the question involve the Legislature's regulation of his clients, with whom he does have a contractual relationship. Such representation of clients, or appearance before the board on his own behalf, does not present a frequently recurring conflict between his private interests and public duties or that would impede the full and faithful discharge of his public duties. Consequently, the Code of Ethics does not prohibit a state senator from appearing before a board of county commissioners of a county within his district to seek rezoning of property owned either by himself or by a party whom he represents as attorney.

QUESTIONS:

1. Does a prohibited conflict of interest exist where I, a state senator who is an attorney, represent clients seeking rezoning before the board of county commissioners of a county within my district?

2. Does a prohibited conflict of interest exist where I, a state senator, appear before the board of county commissioners of a county within my district in seeking the rezoning of property owned by me?

Question 1 is answered in the negative.

According to information supplied with your request, you are the State Senator for the 24th District of Florida, which encompasses Manatee County. As an attorney, you have represented before the Manatee County Board of County Commissioners clients who were seeking the rezoning of property in which you also have an interest.

The Code of Ethics for Public Officers and Employees provides in 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. [Section 112.313(7)(a), F. S. 1975.]

As a state senator, your agency is the Legislature. Section 112.312(2), F. S. (1976 Supp.). Your representation of a client before the board of county commissioners does not constitute an employment or contractual relationship with that board. Nor does your question involve the Legislature's regulation of your clients, with whom you do have a contractual relationship. Consequently, the first clause of the above provision is not relevant to your situation. Moreover, we do not feel that your representation of clients in matters of rezoning creates a continuing or frequently recurring conflict between your private interests and the performance of your public duties or that would impede the full and faithful discharge of your public duties as a senator.

Accordingly, we find that the Code of Ethics for Public Officers and Employees does not prohibit you from representing clients in matters of rezoning before the board of county commissioners of a county within your district.

Question 2 is answered in the negative.

Section 112.313(7)(a), F. S. 1975, quoted above, does not apply to this situation because of the absence of an employment or contractual relationship. Nor do we find any other provision of the Code of Ethics relevant to the question presented.

Accordingly, we find that the Code of Ethics for Public Officers and Employees does not prohibit you from appearing before the board of county commissioners of a county within your district in seeking the rezoning of property owned by you.