CEO 78-11 -- February 16, 1978

CONFLICT OF INTEREST

CITY COUNCILMAN SELLING GASOLINE TO CITY

To: Joseph Minotti, City Attorney, Bushnell

Prepared by: Phil Claypool

SUMMARY:

Although s. 112.313(3), F. S. 1975 prohibits a public officer from selling any goods or services to the political subdivision which he serves, Ch. 77-349, Laws of Florida, amends s. 112.313 by providing an exemption to such prohibition, among others, where "[t]he business entity involved is the only source of supply within the political subdivision of the officer or employee, and there is full disclosure of the officer's or employee's interest in the business entity to the governing body of the political subdivision . . . ." Accordingly, so long as a city councilman remains the sole source of supply of gasoline within the city, and so long as he makes full disclosure of his interest in the business entity as provided in Ch. 77-349, no prohibited conflict of interest exists in his sale of gasoline to the city which he serves.

QUESTION:

Would a prohibited conflict of interest exist were a city councilman to sell gasoline to the city, where he is the only supplier in the city?

Your question is answered in the negative, subject to conditions specified in this opinion.

In your letter of inquiry you advise that Mr. L. Alfred Jones is a City Councilman of the City of Bushnell and that he is the sole source of supply of gasoline within the city. You also advise that the city is slightly over one square mile in area, with a population of less than 1,000.

The Code of Ethics for Public Officers and Employees generally prohibits a public officer from selling any goods or services to the political subdivision which he serves. Section 112.313(3), F. S. 1975. However, Ch. 77-349, Laws of Florida, amends s. 112.313, F. S., by providing an exemption to this prohibition where:

The business entity involved is the only source of supply within the political subdivision of the officer or employee, and there is full disclosure of the officer's or employee's interest in the business entity to the governing body of the political subdivision. . . .

Accordingly, so long as the subject city council member makes full disclosure of his interest in the business entity as provided in Ch. 77-349, above, and so long as his business remains the sole source of supply of gasoline within the city, we find that there would be no prohibited conflict of interest were he to sell gasoline to the city which he serves.