CEO 81-21 -- April 2, 1981

CONFLICT OF INTEREST

SCHOOL BOARD MEMBER ON LEAVE OF ABSENCE FROM POSITION AS PRINCIPAL IN SCHOOL DISTRICT

To: Gerald E. Adair, Member, Monroe County School Board, Tavernier

SUMMARY:

This opinion revokes CEO 78-94, in which the Commission advised that a school board member would be prohibited from taking a leave of absence from his position as a principal in the school system while serving on the school board. In Wright v. Commission on Ethics, 389 So. 2d 62 (Fla. 1st D.C.A., 1980), the First District Court of Appeal held that a school board member who had taken a personal leave of absence from her continuing contract position as a teacher was not in violation of Section 112.313(10), F. S., because she was no longer an "employee" of the school board as she was performing no teaching services for, and receiving no compensation from, the school board while on a personal leave of absence. Therefore, as the subject school board member would not be providing any services or receiving any compensation while on personal leave of absence from his prior position as principal, no prohibited conflict of interest would be created were he to take such a leave of absence.

QUESTION:

Does the Code of Ethics for Public Officers and Employees prohibit a school board member from taking a leave of absence from his position as a principal in the school system while serving on the board?

In a previous advisory opinion to you, CEO 78-94, we answered this question in the affirmative. However, in light of the opinion of the First District Court of Appeal in the case of Wright v. Commission on Ethics, 389 So.2d 662 (Fla. 1st D.C.A., 1980), we are obliged to revoke CEO 78-94 and to answer your question in the negative.

In CEO 78-94 we advised that Section 112.313(10), F. S., would prohibit you from seeking a personal leave of absence from your prior position as school principal in order to guarantee that position at the end of your term on the School Board, even though the leave of absence would be without pay and without any of the benefits which would accrue to a person who is actively employed as a principal. That Section of the Code of Ethics prohibits an employee of a political subdivision from holding office as a member of the governing board which is his employer while continuing as an employee.

In Wright v. Commission on Ethics, the First District Court of Appeal held that a School Board member who had taken a personal leave of absence from her continuing contract position as a teacher was not in violation of Section 112.313(10) because she was no longer an "employee" of the School Board. The Court based its holding on the fact that the School Board member in that case performed no teaching services for, and received no compensation from, the School Board while on a personal leave of absence.

Accordingly, as you would not be providing any services or receiving any compensation while on personal leave of absence from your prior position as principal, we find that the Code of Ethics does not prohibit you from taking a personal leave of absence from your former position as a principal in the school system while serving on the School Board. CEO 78-94 is revoked with the issuance of this opinion.