CEO 78-75 -- October 20, 1978

CONFLICT OF INTEREST

EMPLOYEES OF COUNTY EMERGENCY MEDICAL SERVICES DIVISION ALSO EMPLOYED BY AMBULANCE COMPANIES REGULATED THROUGH THE DIVISION

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

Prepared by: Phil Claypool

SUMMARY:

The Code of Ethics prohibits a public employee from holding employment with a business entity subject to the regulation of his public agency. Section 112.313(7)(a), F. S. 1977. Accordingly, a paramedic employed by a county emergency medical services division is prohibited from holding employment with an ambulance company which is regulated by the county through the division. Section 112.316 creates a limited exemption to the above prohibition in that it provides that it is not the intent of the Code of Ethics to prevent a public officer or employee from accepting other employment or following any pursuit which does not interfere with the full and faithful discharge of his public duties. In the instant case, however, the division's paramedics are charged with the duty of reporting to the division any problems with ambulance equipment or services which they may observe in the course of their public employment. It is noted, however, that a paramedic may be reluctant to report deficiencies or inadequacies of an ambulance company which privately employs him. Too, a supervisor with the division would be placed in a difficult situation were he required to investigate a complaint concerning the private actions of a paramedic over whom he has supervisory responsibility. Consequently, s. 112.316 is not deemed to be applicable in the instant situation, and a prohibited conflict of interest would be created were a paramedic employed by a county emergency medical services division to hold private employment with an ambulance company regulated through the division.

QUESTION:

Does a prohibited conflict of interest exist when a paramedic employed by a county emergency medical services division is also employed by an ambulance company which is regulated by the board of county commissioners through the division?

Your question is answered in the affirmative.

In your letter of inquiry you advise that ____ County issues certificates of convenience and necessity to ambulance companies in the county for both routine and emergency calls. You further advise that the fee schedules, patient handling, and response time of the companies are monitored by the emergency medical services division, which also investigates and processes complaints against ambulance companies. In addition, you advise that several persons who are employed by the division as paramedics also hold employment with ambulance companies in the county as drivers and paramedics.

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

CONFLICTING EMPLOYMENT OR CONTRACTUAL RELATIONSHIP. -- No public officer or employee of an agency shall have or hold any employment or contractual relationship with any business entity or any agency which is subject to the regulation of, or is doing business with, an agency of which he is an officer or employee . . . . [Section 112.313(7)(a), F. S. 1977.]

It is apparent that the subject employees of the emergency medical services division are employed by business entities which are subject to the regulation of their public agency.

The remaining question which you have asked us to address concerns the applicability of s. 112.316, F. S. 1977, to this situation. That section provides as follows:

Construction. -- It is not the intent of this part, nor shall it be construed, to prevent any officer or employee of a state agency or county, city, or other political subdivision of the state or any legislator or legislative employee from accepting other employment or following any pursuit which does not interfere with the full and faithful discharge by such officer, employee, legislator, or legislative employee of his duties to the state or the county, city, or other political subdivision of the state involved.

We previously advised that this provision would create a limited exemption from the prohibition contained in s. 112.313(7)(a) under circumstances which indicate that a public employee is in no way involved in his agency's regulation of the business entity which privately employs him. For example, in CEO 77-147, we advised that an employee of a county department of public health could be employed by a private nursing home as a pharmacist when a separate section of his department engaged in the inspection of nursing homes.

In a telephone conversation with our staff, ____ advised that inspections and investigations of ambulance companies are done by supervisory personnel of the emergency medical services division. He also advised that while the division's paramedics are not supervisory personnel and would not be involved in this direct supervision of the ambulance companies, each paramedic, in the performance of his public duty, is responsible for reporting any problems with ambulance equipment or services of which he may become aware in the course of treating a patient who is to be transported by the ambulance company.

In our opinion s. 112.316 does not apply to the instant situation because of two conflicts of interest. First, despite his duty as an employee of the division to report problems with a particular ambulance company, a paramedic may be reluctant to report deficiencies or inadequacies of an ambulance company which privately employs him as a driver or paramedic. Secondly, a supervisor with the division would be placed in a difficult situation were he required to investigate a complaint concerning the private actions of a paramedic over whom he has supervisory responsibility.

Accordingly, we find that the Code of Ethics for Public Officers and Employees prohibits a paramedic who is employed by a county emergency medical services division from also being employed by an ambulance company which is regulated through the division.