CEO 80-47 -- June 18, 1980

CONFLICT OF INTEREST

HOUSING AUTHORITY ATTORNEY DEALING PRIVATELY WITH AUTHORITY COMMISSIONERS

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

Prepared by: Phil Claypool

SUMMARY:

In previous opinions this commission has advised that the Code of Ethics for Public Officers and Employees does not apply to persons whose relationship with a governmental entity is that of an "independent contractor." See, for example, CEO 77-76. One whose law firm is retained by a county housing authority under the status of an independent contractual relationship is not bound by the Code of Ethics and therefore is not prohibited from privately doing business with housing authority commissioners.

QUESTION:

Does the Code of Ethics for Public Officers and Employees prohibit a county housing authority attorney, hired by the authority as an independent contractor, from privately doing business with housing authority commissioners?

Your question is answered in the negative.

In your letter of inquiry you advise that your law firm is retained by the Pinellas County Housing Authority by a written retainer agreement which is renewable annually. Under that agreement, you advise, the firm is hired under the status of an "independent contractor." Except in extraordinary circumstances, the firm is paid an hourly fee, and most services are performed from the firm's independent office which is situated at a location other than that of the housing authority. Negotiations with respect to the retainer are conducted between yourself and the executive director of the authority, with the retainer agreement being reviewed and passed upon by the authority's board of commissioners. You question whether and to what extent you may have private economic dealings with the individual commissioners of the housing authority.

In previous opinions we have advised that the Code of Ethics for Public Officers and Employees does not apply to persons whose relationship with a governmental entity is that of an "independent contractor." See CEO 77-76, for example. In our view, your relationship with the county housing authority is that of an "independent contractor," rather than that of an employee. See CEO's 78-65 and 79-24.

Accordingly, as an independent contractor, you are not bound by the Code of Ethics for Public Officers and Employees; therefore, we find that the Code of Ethics does not prohibit you from doing business privately with commissioners of the housing authority. To the extent that the questions you have posed may raise issues under the Code of Professional Responsibility for Attorneys, such questions should be directed to The Florida Bar.