CEO 80-14 -- February 21, 1980

CONFLICT OF INTEREST

EMPLOYEE OF CLERK OF CIRCUIT COURT SERVING AS MEMBER OF SCHOOL BOARD

To: Buddy C. Alexander, Clerk of the Circuit Court, Punta Gorda

Prepared by: Phil Claypool

SUMMARY:

Section 112.313(7)(a), F. S., would not be violated were an employee of a clerk of the circuit court to serve as a member of the local school board when the school board neither regulates nor does business with the clerk's office and, further, when the employee's duties are of such a nature that they would not present a frequently recurring conflict with his responsibilities as a school board member or impede the full and faithful discharge of those responsibilities.

QUESTION:

Would a prohibited conflict of interest be created were an employee of the clerk of the circuit court to serve as a member of the local school board?

Your question is answered in the negative.

In your letter of inquiry and in a telephone conversation with our staff, you have advised that Raymond E. Johns is employed by you as the coordinator of computer operations, in which capacity he is responsible for the work done by computer in the clerk's office, including the purchase of new programs and the training of employees. In addition, you advise that he wishes to seek election to the School Board of Charlotte County.

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 . . . nor shall an officer or employee of an agency have or hold any employment or contractual relationship that will create a continuing or frequently recurring conflict between his private interests and the performance of his public duties or that would impede the full and faithful discharge of his public duties. [Section 112.313(7)(a), F. S.]

This provision prohibits a public officer from being employed by an agency which is subject to the regulation of, or is doing business with, his agency. Thus, were the subject employee to be elected to the school board, he would be prohibited from being employed by the clerk of the circuit court if the school board regulates or does business with the clerk.

Under the circumstances you have described, it does not appear that the school board regulates or does business with the clerk. Nor does it appear that the subject employee's duties within your office would present a frequently recurring conflict with his responsibilities as a school board member or would impede the full and faithful discharge of those responsibilities.

Accordingly, we find that no prohibited conflict of interest would be created were the subject employee of the clerk of the circuit court to serve as a member of the local school board.