CEO 77-53 -- April 21, 1977

VOTING CONFLICT OF INTEREST

MATTERS SUFFICIENT TO CREATE CONFLICT REQUIRING DISCLOSURE

To: Frank A. Wacha, Member, Martin County Commission, Stuart

Prepared by: Bonnie Johnson

QUESTION:

Am I, a county commissioner, required to file a Memorandum of Voting Conflict whenever I vote on a matter affecting the interests of a client of my private accounting firm?

This question is answered in the negative.

In your letter of inquiry and in subsequent telephone conversations with our staff you advise that you are a county commissioner and a practicing certified public accountant owning your own accounting firm. From time to time, you advise, professional clients of your accounting firm appear before the board of county commissioners on a matter requiring a vote of that body. Other clients of your firm, although not appearing before the board, would be affected by board actions. For example, some of your clients are county employees, while others are suppliers of goods or services to the county. You wish to know whether, when you vote on matters affecting the interests of such clients, you are required to file a Memorandum of Voting Conflict, CE Form 4.

Enclosed is a copy of a previous opinion of this commission, CEO 76-209, the rationale of which is equally applicable to your inquiry. Your question is answered accordingly in the negative.