CEO 77-95 -- July 21, 1977

CONFLICT OF INTEREST

COUNTY PROPERTY APPRAISER SERVING ON CITY BOARD OF ADJUSTMENT OR PLANNING AND ZONING BOARD

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

Prepared by: Phil Claypool

SUMMARY:

No prohibited conflict of interest under the Code of Ethics for Public Officers and Employees is created where an elected county property appraiser serves as a member of either a city board of adjustment or a city planning and zoning board. However, this opinion does not address the possible applicability of the dual officeholding prohibition contained in s. 5(a), Art. II of the Florida Constitution or the question of whether a violation of that provision constitutes a breach of public trust under s. 8, Art. II of the Florida Constitution.

QUESTION:

Would a prohibited conflict of interest be created were I, an elected county property appraiser, to serve also as a member of either a city board of adjustment or a city planning and zoning board?

Your question is answered in the negative.

In your letter of inquiry you have stated that you have been elected to the office of Brevard County Property Appraiser and that you have been appointed recently by the City of Satellite Beach to its Board of Adjustment. The city is considering transferring you from that board to its planning and zoning board.

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. 1975.]

This provision does not apply to your situation because your serving on a city board of adjustment or planning and zoning board does not constitute "any employment or contractual relationship" with the city. Nor do we perceive that any other provision of the Code of Ethics governs your situation.

Accordingly, we find that the Code of Ethics for Public Officers and Employees does not prohibit an elected county property appraiser from serving as a member of either a city board of adjustment or a city planning and zoning board. Please note, however, that this opinion does not address the effect upon your situation of the dual officeholding prohibition contained in s. 5(a), Art. II of the Florida Constitution. You may wish to contact the Attorney General regarding the applicability of that provision. Nor does this opinion address the question of whether a violation of that provision constitutes a breach of public trust under s. 8, Art. II of the Florida Constitution.