CEO 77-23 -- February 17, 1977

CONFLICT OF INTEREST

CITY COUNCILMAN SERVING AS ASSISTANT ELECTRICAL INSPECTOR OF CITY

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

Prepared by: Phil Claypool

SUMMARY:

Section 112.313(10)(a), F. S. 1975, prohibits a public employee from holding office as a member of the governing body which is his employer. Accordingly, the Code of Ethics for Public Officers and Employees would be violated were a city councilman also to serve as assistant electrical inspector of the city on whose council he sits.

QUESTION:

Would a prohibited conflict of interest exist were a city councilman also to serve as assistant electrical inspector of the city?

Your question is answered in the affirmative.

In your letter of request and in a telephone conversation with our staff you have stated that you are the Mayor and City Manager of the City of ____ and that you wish to recommend to the city council that they appoint Mr. ____, a member of the city council, to serve as assistant electrical inspector of the city. The subject councilman has retired from his position as electrical inspector for the City of ____; as assistant electrical inspector he would be paid a certain percentage of the fee for each electrical permit for work inspected by him.

The Code of Ethics for Public Officers and Employees provides:

EMPLOYEES HOLDING OFFICE. -- No employee of a state agency or of a county, municipality, special taxing district, or other political subdivision of the state shall hold office as a member of the governing board, council, commission, or authority, by whatever name known, which is his employer while, at the same time, continuing as an employee of such employer. [Section 112.313(10)(a), F. S. 1975.]

This provision prohibits a municipal employee from also holding office as a member of the governing council which is his employer. The assistant electrical inspector of the city will be a city employee whose employer is the city council.

Accordingly, we find that the Code of Ethics for Public Officers and Employees prohibits the subject city councilman from also being employed by the city as assistant electrical inspector.