CEO 81-7 -- January 22, 1981

CONFLICT OF INTEREST

SPOUSE OF CITY COUNCIL MEMBER BEING APPOINTED TO LOCAL HOSPITAL BOARD

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

SUMMARY:

Reference is made to CEO's 77-3 and 78-3. There is no provision in the Code of Ethics for Public Officers and Employees, Part III, Chapter 112, F. S., which would prohibit the spouse of a city council member from being appointed by that council to membership on a hospital board.

QUESTION:

Does a conflict of interest exist where a spouse of a city council member is appointed by the city council to serve on the board of a local hospital?

Your question is answered in the negative.

In your letter of inquiry you advise that .... is Chairman of the Board of James Archer Smith Hospital, having been appointed to the Board by the Homestead City Council. You also advise that .... is a member of the City Council. There is no provision in the Code of Ethics for Public Officers and Employees, Part III, Chapter 112, F. S., which would prohibit the situation you have described. See previous advisory opinions CEO's 78-3 and 77-3.

Accordingly, we find that no prohibited conflict of interest exists where a spouse of a City Council member has been appointed by the City Council to serve on the governing board of a local hospital.

Please be advised, however, that our statutory authority to render advisory opinions is limited to interpretations of provisions within the Code of Ethics for Public Officers and Employees. Section 112.322(3), F. S. As the "Sunshine" or Public Meetings Law, Section 286.011, F. S., is not part of the Code of Ethics, we have no authority to advise you of the applicability of that law. We would suggest that you contact the Attorney General for his opinion in this regard.