CEO 77-32 -- March 9, 1977

CONFLICT OF INTEREST

DRAINAGE DISTRICT SUPERVISOR PRIVATELY REPRESENTING AS ATTORNEY LANDHOLDERS IN DISTRICT

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

Prepared by: Bonnie Johnson

QUESTION:

Does a prohibited conflict of interest exist where I, a member of the board of supervisors of a drainage district, privately represent in my capacity as an attorney landholders within said district?

Your question is answered in the negative.

You advise in your letter of inquiry that you have been appointed to the Board of Supervisors of the ____ Drainage District by the ____ County Commission in accordance with s. 298.11, F. S. 1975. In your private capacity as an attorney, you represent clients who are landholders in the district. Based on these circumstances, you wish to be advised whether a conflict of interest would be created by your continued representation of said landholders so long as no representations are made before the drainage district.

Enclosed please find a copy of a previous opinion of this commission, CEO 76-60, the rationale in response to question 4 of which is applicable to your inquiry.

Accordingly, pursuant to the exemption contained in s. 112.313(7)(a)1., F. S. 1975, no prohibited conflict of interest is constituted by your private representation of landholders, so long as such representation is not before the drainage district of which you are a supervisor.