CEO 78-38 -- June 13, 1978

CONFLICT OF INTEREST

CITY BUILDING INSPECTOR'S CORPORATION DOING BUSINESS WITH SCHOOL BOARD

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

Prepared by: Phil Claypool

SUMMARY:

A public employee is prohibited by s. 112.313(3), F. S. 1977, from selling any services to the political subdivision which employs him or to any agency of that political subdivision. However, as a municipality and a school district constitute separate and distinct political subdivisions under s. 1.01(9), F. S., no conflict of interest is created where one employed as a city building inspector owns a corporation which is engaged in the preparation of plans for and the construction of an air conditioning system for a school located within the city but subject to inspection by the school board.

QUESTION:

Would a prohibited conflict of interest be created were a corporation owned by a city building inspector to prepare plans and construct an air conditioning system for an elementary school located within the city but subject to inspection by the school board?

Your question is answered in the negative.

In your letter of inquiry and in a telephone conversation with our staff, you advise that Mr. Ronald Ginn has been hired by the mayor of the City of ____ to serve as city building inspector. You also advise that the building inspector's corporation is engaged in preparing plans and constructing the air conditioning system of an elementary school which is located within the city. In addition, you advise that the corporation's work will not be subject to regulation by the city building inspector because the school board inspects its own buildings.

The Code of Ethics for Public Officers and Employees provides in relevant part:

DOING BUSINESS WITH ONE'S AGENCY. -- No employee of an agency acting in his official capacity as a purchasing agent, or public officer acting in his official capacity, shall either directly or indirectly purchase, rent, or lease any realty, goods, or services for his own agency from any business entity of which he or his spouse or child is an officer, partner, director, or proprietor or in which such officer or employee or his spouse or child, or any combination of them, has a material interest. Nor shall a public officer or employee, acting in a private capacity, rent, lease, or sell any realty, goods, or services to his own agency, if he is a state officer or employee, or to any political subdivision or any agency thereof, if he is serving as an officer or employee of that political subdivision. [Section 112.313(3), F. S. 1977.]

This provision prohibits a public employee who is acting in a private capacity from selling any services to the political subdivision which employs him or to any agency of that political subdivision. In our opinion, this provision is inapplicable here because the political subdivision which employs the subject building inspector is the city, while the school district for which he is performing services is a separate political subdivision. See s. 1.01(9), F. S. 1977, and CEO 76-59.

Accordingly, we find that the Code of Ethics for Public Officers and Employees does not prohibit a city building inspector from owning a corporation which is engaged in preparing plans and constructing an air conditioning system for an elementary school located within the city but subject to inspection by the school board.