CEO 78-71 -- October 20, 1978

CONFLICT OF INTEREST

FIRE CONTROL DISTRICT BOARD MEMBER PERFORMING WORK AS A CARPENTER FOR HIS BOARD

To: Olin E. Thomas, Jr., Fort Myers

Prepared by: Phil Claypool

SUMMARY:

Reference is made to CEO 77-182. A prohibited conflict of interest under s. 112.313(3), F. S. 1977, would be created were a fire control district board member to perform carpentry work for the board unless one or more of the exemptions contained in s. 112.313(12) are complied with, in which case no prohibited conflict would exist.

QUESTION:

Under the Code of Ethics for Public Officers and Employees, when may a fire control district board member privately perform work as a carpenter for the board?

In your letter of inquiry you advise that you are a member of the Matlacha-Pine Island Fire Control District Board and that you also are a carpenter contractor. You question whether or not and under what circumstances the district board can hire you to do contract labor.

Please see a previous advisory opinion, CEO 77-182, which explains the circumstances under which a school board employee may sell office supplies to the school district. That opinion is equally applicable to your situation, which relates to the sale of services to the fire control district board of which you are a member. Accordingly, a prohibited conflict of interest under s. 112.313(3), F. S. 1977, would be created unless one or more of the exemptions contained in s. 112.313(12) are complied with, in which case no prohibited conflict would be created.