CEO 78-84 -- November 15, 1978

CONFLICT OF INTEREST

CITY ATTORNEY WITH LAW PARTNER WHOSE PARENT SERVES ON CITY COUNCIL

To: R. Stephen Miles, Jr., St. Cloud City Attorney, Kissimmee

Prepared by: Phil Claypool

SUMMARY:

No provision of the Code of Ethics for Public Officers and Employees would be violated were a city council to appoint to an interim term on the council an individual whose son is the law partner of the city attorney. The Code of Ethics primarily addresses certain financial relationships, rather than personal relationships, of public officers and employees. See s. 112.311(1), F. S. 1977, indicating the Legislature's intent "that public office not be used for private gain other than the remuneration provided by law."

QUESTION:

Would a prohibited conflict of interest be created were a city council to appoint to an interim term on the council a person whose son is the law partner of the city attorney?

Your question is answered in the negative.

In your letter of inquiry you advise that one of the members of the city council of the City of St. Cloud has resigned his position and that his vacancy will be filled for an interim term by a majority vote of the remaining members of the city council. You also advise that the members of the council have indicated a desire to fill the vacancy by appointing the father of your law partner. As you are the city attorney, you question whether this appointment would create a violation of the Code of Ethics for Public Officers and Employees, even though you personally, and not your law firm, represent the city as city attorney.

We have examined the provisions of the Code of Ethics for Public Officers and Employees, and we find no prohibited conflicts of interest, either on your part or on the part of the potential appointee, which would result from such an appointment. The Code of Ethics primarily addresses certain financial relationships of public officers and employees rather than personal relationships such as are present here. See s. 112.311(1), F. S. 1977, indicating the Legislature's intent "that public office not be used for private gain other than the remuneration provided by law."

Accordingly, we find that no prohibited conflict of interest would be created were the city council to appoint to an interim term on the council the father of the city attorney's law partner.