CEO 80-92 -- December 4, 1980

CONFLICT OF INTEREST

MEMBER OF CONSTRUCTION INDUSTRY LICENSING BOARD SERVING ON BOARDS RELATING TO PLUMBING INDUSTRY

To: Sam Bloom, Construction Industry Licensing Board, Miami

Prepared by: Phil Claypool

SUMMARY:

No prohibited conflict of interest exists when a member of the Construction Industry Licensing Board serves as a trustee of a plumbing industry promotion fund that has been negotiated between contractors and a plumbers' union; as a member of a local construction trades qualifying board; or as a member of a labor/management or negotiation committee representing plumbing contractors in grievance procedures and in negotiations. Although s. 112.313(11), F. S., prohibits a member of a state regulatory board from simultaneously serving as an officer, director, or administrator of an organization of the regulated profession or occupation, the above-named capacities in which the petitioner serves are not professional or occupational organizations within the contemplation of the statute, which is intended to prohibit the conflict of interest arising from a state licensing board's duty to protect the public and a private occupational organization's purpose of protecting the interests of its members. However, the statute would be violated were the member of the Construction Industry Licensing Board simultaneously to serve on the board of directors of a local plumbing contractors' association.

QUESTIONS:

1. Does a prohibited conflict of interest exist when I, a member of the Construction Industry Licensing Board, serve as trustee of a plumbing industry promotion fund that has been negotiated between contractors and a plumbers' union?

2. Does a prohibited conflict of interest exist when I serve as a member of a local construction trades qualifying board?

3. Does a prohibited conflict of interest exist when I serve as a member of the board of directors of a local plumbing contractors' association?

4. Does a prohibited conflict of interest exist when I serve on a labor/management or negotiation committee representing plumbing contractors dealing with a local plumbers' union in grievance procedures or in negotiations?

Question 1 is answered in the negative.

In your letter of inquiry you advise that you have been appointed as a member of the Construction Industry Licensing Board, charged in ch. 489, F. S., with the responsibility for examination and regulation of general contractors, building contractors, residential contractors, mechanical contractors, pool contractors, roofing contractors, air conditioning contractors, sheet metal contractors, and plumbing contractors in the state. You further advise that you also serve as a trustee of a plumbing industry promotion fund that has been negotiated between contractors and a plumbers' union.

The Code of Ethics for Public Officers and Employees provides in relevant part:

PROFESSIONAL AND OCCUPATIONAL LICENSING BOARD MEMBERS. -- No officer, director, or administrator of a Florida state, county, or regional professional or occupational organization or association, while holding such position, shall be eligible to serve as a member of a state examining or licensing board for the profession or occupation. [Section 112.313(11), F. S.]

This provision is directed to persons serving as officers, directors, or administrators of professional or occupational organizations and associations. In our view, a plumbing industry promotion fund is not a professional or occupational organization within the contemplation of this statute, which is intended to prohibit the conflict of interest arising from a state licensing board's duty to protect the public and a private occupational organization's purpose of protecting the interests of its members.

Accordingly, we find that no prohibited conflict of interest exists in your service as a trustee of a plumbing industry promotion fund that has been negotiated between contractors and a plumbers' union.

In your letter of inquiry you advise that you are a member of the Metro/Dade Construction Trades Qualifying Board, which is the local construction licensing board for your area. As in our response to question 1, we find that the construction trades qualifying board is not a professional or occupational organization or association within the meaning of s. 112.313(11), F. S. Accordingly, question 2 also is answered in the negative.

However, your service as a member of the Construction Industry Licensing Board and as a member of the Metro/Dade Construction Trades Qualifying Board may come within the dual-officeholding prohibition of s. 5(a), Art. II, State Const. As we have no authority to interpret that provision of the Constitution in an advisory opinion, you may wish to contact the Attorney General for his opinion.

Question 3 is answered in the affirmative.

In your letter of inquiry you advise that you are a member of the board of directors of the plumbing industry program, a local plumbing contractors' association. The Construction Industry Licensing Board presently regulates plumbing contractors under the provisions of ch. 489, F. S., as amended by ch. 80-85, Laws of Florida. Therefore, as a member of the Construction Industry Licensing Board, s. 112.313(11), F. S., prohibits you from serving as an officer, director, or administrator of a local plumbing contractors' association.

Accordingly, we find that a prohibited conflict of interest does exist when you serve as a member of the Construction Industry Licensing Board while serving as a member of the board of directors of a local plumbing contractors' association.

It does not appear that you would be serving as an officer, director, or administrator of a professional or occupational organization or association by serving on a labor/management or negotiation committee representing plumbing contractors during union grievance procedures or negotiations. Accordingly, we find that s. 112.313(11), F. S., does not apply under these circumstances, and we answer question 4 in the negative.