CEO 80-82 -- October 30, 1980

CONFLICT OF INTEREST

CITY COUNCIL MEMBER SERVING AS CHAIRMAN OF LOCAL POLITICAL COMMITTEE OF CONTINUOUS EXISTENCE

To: Francis S. Exworthy, Melbourne

Prepared by: Phil Claypool

SUMMARY:

No prohibited conflict of interest would be created were a city council member to serve as chairman of a local political committee of continuous existence. Assuming that as chairman he would have a contractual relationship with the committee, it does not appear that the committee is subject to the regulation of the city council so as potentially to violate s. 112.313(7)(a), F. S. Nor were any facts presented which indicate that the committee is doing business with the city council so as to raise an issue under s. 112.313(3).

QUESTION:

Would a prohibited conflict of interest be created were a city council member to serve as chairman of a local political committee of continuous existence?

Your question is answered in the negative.

In your letter of inquiry you advise that you are a candidate for election to the City Council of the City of Melbourne. You also advise that you are chairman of a local civic association committee on city and county affairs, a political committee of continuous existence.

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 having a contractual relationship with a business entity which is subject to the regulation of, or doing business with, his agency; it also prohibits a public officer from having a contractual relationship that will create a continuing or frequently recurring conflict between his private interests and the performance of his public duties or that will impede the full and faithful discharge of his public duties.

Assuming that, as chairman of the committee, you have a contractual relationship with the committee, it does not appear that the committee is subject to the regulation of the city council. Rather, political committees and committees of continuous existence are regulated by the Division of Elections of the Department of State pursuant to ch. 106, F. S. Nor have you submitted any facts which would indicate that the committee is doing business with the city council. Finally, again assuming that you have a contractual relationship with the committee, we are of the opinion that your service as chairman of the committee would not create a frequently recurring conflict with the performance of the duties of a city council member and would not impede the full and faithful discharge of those duties.

Accordingly, we find that no prohibited conflict of interest would be created were you to be elected to the city council while serving as chairman of a local political committee of continuous existence.