CEO 80-36 -- May 21, 1980

CONFLICT OF INTEREST

CHIEF OF BUREAU OF DRIVER IMPROVEMENT, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, SERVING AS MEMBER OF NATIONAL SAFETY COUNCIL ADVISORY COMMITTEE

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

Prepared by: Phil Claypool

SUMMARY:

Uncompensated service on the board of directors of a nonprofit organization does not constitute employment or a contractual relationship with the organization for purposes of s. 112.313(7), F. S. See CEO's 77-16, 77-55, and 78-98. Therefore, no prohibited conflict of interest exists when the Chief of the Bureau of Driver Improvement, Division of Driver Licenses, Department of Highway Safety and Motor Vehicles, serves as a member at large of the National Safety Council's Advisory Committee on Driver Improvement.

QUESTION:

Does a prohibited conflict of interest exist when the Chief of the Bureau of Driver Improvement, Division of Driver Licenses, Department of Highway Safety and Motor Vehicles, serves as a member at large of the National Safety Council's Advisory Committee on Driver Improvement?

Your question is answered in the negative.

In your letter of inquiry you advise that the Bureau of Driver Improvement of the Division of Driver Licenses, Department of Highway Safety and Motor Vehicles, is responsible for those functions which attempt to ensure standards of proficiency among persons licensed to operate motor vehicles in the state. These functions include conducting administrative hearings regarding reinstatement of driver licenses, licensing of all commercial driving schools, reexamining all problem drivers recommended by the courts, and processing all suspension, revocation, and cancellation orders under ch. 322, F. S. In addition, you advise that the bureau also approves driver training and alcohol education courses pursuant to ss. 322.271 and 322.291.

You further advise that the National Safety Council, ordered by Act of Congress, is a nongovernmental, nonprofit, public service organization furnishing leadership in safety. The council provides safety services and materials to meet a number of needs, including materials for a defensive driving course which is taught through local nonprofit safety councils in Florida and the nation. This course, you advise, has been approved pursuant to ss. 322.271 and 322.291, F. S., and at present is the only course which has been submitted for approval under these statutes. The National Safety Council's Advisory Committee on Driver Improvement, which consists of representatives from various states and which meets semiannually, oversees the National Safety Council's driver improvement program nationally, you advise. This includes evaluating new ideas and programs between the states and making recommendations pertaining to the types of programs and policies used in efforts to improve problem drivers and reduce traffic violations and accidents nationwide. Members of the committee serve without compensation, you write, and the bureau chief's travel expenses to committee meetings are paid for by the department.

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 employee from having a contractual relationship with or being employed by a business entity which is subject to the regulation of his agency. It appears that the National Safety Council and the local nonprofit safety councils in Florida are subject to the regulation of the bureau, at least to the extent that the driver training course provided by the National Safety Council and the local councils has been approved by the bureau. However, we do not find that the subject bureau chief is employed by, or has a contractual relationship with, the National Safety Council. The council is a nonprofit organization, and members of its advisory committee on driver improvement serve without compensation. In previous advisory opinions we have advised that uncompensated service on the board of directors of a nonprofit organization does not constitute employment or a contractual relationship with that organization. See CEO's 77-16, 77-55, and 78-98.

Accordingly, we find that no prohibited conflict of interest exists when the Chief of the Bureau of Driver Improvement, Division of Driver Licenses, Department of Highway Safety and Motor Vehicles, serves as a member at large of the National Safety Council's Advisory Committee on Driver Improvement.