CEO 81-72 -- October 29, 1981

CONFLICT OF INTEREST

CITY BOXING COMMISSION MEMBER SERVING ON BOXING COMMISSION OF ANOTHER CITY

To: Mr. S. Harvey Ziegler, Attorney, Miami Beach

SUMMARY:

No provisions of the Code of Ethics for Public Officers and Employees would prohibit a member of a city boxing commission from also serving as a public officer on the boxing commission of another city. Questions regarding the dual officeholding provision of the Florida Constitution, Article II, Section 5(a), should be addressed to the Attorney General.

QUESTION:

Does a prohibited conflict of interest exist under the Code of Ethics for Public Officers and Employees where a member of a city boxing commission also serves on the boxing commission of another city?

Your question is answered in the negative.

In your letter of inquiry you advise that Mr. Melvin Ziegler serves as a member of the Miami Beach Boxing Commission and as a member of the Boxing Commission of the City of Opa Locka.

In previous opinions we have advised that no provisions of the Code of Ethics for Public Officers and Employees, Part III, Chapter 112, Florida Statutes, prohibits a public officer from holding another public office. See CEO 77-93, CEO 77-95, and CEO 77-174, for examples. Accordingly, since service as a member of a City Boxing Commission apparently would constitute service as an officer rather than as an employee of the City, we answer your question in the negative. As we have advised in the above-referenced opinions, questions regarding the dual officeholding provision of the Florida Constitution, Article II, Section 5(a), should be addressed to the Attorney General.