CEO 80-56 -- September 19, 1980

CONFLICT OF INTEREST

PORT COMMISSIONER EMPLOYED PART TIME BY COMPANIES DOING BUSINESS WITH THE PORT

To: Captain Robert F. Barber, Plantation

Prepared by: Phil Claypool

SUMMARY:

Section 112.313(7)(a), F. S., prohibits a public officer from being employed by or having a contractual relationship with a business entity which either is doing business with or is subject to the regulation of his public agency. Therefore, a port commissioner would be prohibited from holding employment either with a ship brokerage company which leases office space from the port or with an oil company which leases its office from and has an easement agreement with the port.

QUESTIONS:

1. Would a prohibited conflict of interest be created were I to serve as an elected port commissioner while contracting to perform services for a company which is located within the port and which is doing business with the port?

2. Would a prohibited conflict of interest be created were I to serve as an elected port commissioner while contracting as a part-time salesman with a company which is located within the port and which leases office space from the port?

Question 1 is answered in the affirmative.

In your letter of inquiry you advise that you are a candidate for election as a member of the Port Everglades Authority Commission. You also advise that you presently are employed as a part-time, vessel subagent for an oil company which has its local office within the port. However, you advise that you are not an "employee" of the company, but rather an independent contractor with the company.

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 would prohibit a port authority commissioner from being employed by, or having a contractual relationship with, a business entity which either is doing business with or is subject to the regulation of the port authority. In a telephone conversation with our staff, the port director advised that the subject oil company leases its office from the port authority and has an easement agreement with the port permitting the company to unload vessels and to pump oil to the company's storage tanks. In addition, he advised, the company pays dockage and wharfage charges to the port, with the latter charges being paid pursuant to a wharfage agreement which provides for a per-barrel charge that is uniform for all oil companies.

Under these circumstances, we find that, should you be elected to the port authority, you would have a contractual relationship with a business entity which is doing business with the authority. Accordingly, a prohibited conflict of interest would be created were you to serve as an elected port commissioner while contracting to perform services for a company which is located within the port and which does business with the port.

Question 2 also is answered in the affirmative.

In your letter of inquiry you advise that you also are a part- time salesman for a ship brokerage company which is located within Port Everglades and which leases office space from the port. You further advise that you own no interest in the company and that, as a part-time, commissioned salesman, you have no employment benefits or privileges.

Under the rationale given in our answer to your first question, we find that you would have a contractual relationship with a business entity which is doing business with the port, and we answer your second question also in the affirmative.