CEO 78-97 -- December 21, 1978

CONFLICT OF INTEREST

CITY COUNCILMAN EMPLOYED AS LEGISLATIVE AIDE

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

Prepared by:Phil Claypool

SUMMARY:

Reference is made to CEO 77-77. No provision of the Code of Ethics for Public Officers and Employees would prohibit a city councilman from holding employment as a legislative aide. However, there are provisions of law other than the Code of Ethics which should be considered: for example, s. 11.26, F. S.; applicable House or Senate Rules; and personnel policies of the Joint Legislative Management Committee. Inquiries concerning the applicability of these provisions should be addressed to the appropriate house of the Legislature.

QUESTION:

Would a prohibited conflict of interest be created were I, a city council member, to be employed as a legislative aide?

Your question is answered in the negative.

In your letter of inquiry you advise that you are a city councilman who is considering serving as a legislative aide. In CEO 77-77, we found that no prohibited conflict of interest would be created were an administrative assistant to the Legislature to serve on a city planning and zoning board. We feel that the rationale expressed in our answer to the first question posed in that opinion is equally applicable to your situation. Accordingly, we find that no prohibited conflict of interest under the Code of Ethics for Public Officers and Employees would be created were you to serve as a legislative aide while holding a position on a city council.

In addition, there are provisions of law other than the Code of Ethics for Public Officers and Employees which you may wish to consider before accepting a position as legislative aide: for example, s. 11.26, F. S.; applicable House or Senate Rules (see particularly House Rule 1.8, referencing s. 110.092, F. S.); as well as the personnel policies of the Joint Legislative Management Committee. Inquiries concerning the applicability of these provisions should be addressed to the appropriate house of the Legislature.