CEO 82-1 -- January 25, 1982

CONFLICT OF INTEREST

COUNTY COMMISSIONER PRESIDENT OF COMPANY RETAINED TO INTRODUCE BUSINESS PROSPECTS TO ANOTHER COMPANY

To: Jerry M. Bowmer, Hillsborough County Commissioner, Tampa

SUMMARY:

No prohibited conflict of interest would be created were a county commissioner to serve as president of a corporation which has been retained to introduce business prospects to another company, if that company contracts with still other businesses which are doing business with or are subject to the regulation of the county commission. The county commissioner would not have any employment or contractual relationship with a business entity which is doing business with or subject to the regulation of the county commission. The commissioner is cautioned against misuse of his public position in contacting companies which are doing business with or which are subject to the regulation of the county commission.

No Memorandum of Voting Conflict would be required to be filed under Section 112.3143, Florida Statutes, if the county commissioner were to vote on matters affecting businesses which have contracted with another business which has retained the commissioner's firm. Section 286.012, Florida Statutes, would permit abstention from voting where the matter before the commission pertains to a business entity contacted as a potential client by the county commissioner. CEO 78-96 is referenced in this regard.

QUESTION 1:

Would a prohibited conflict of interest be created were you, a county commissioner, to serve as president of a corporation which has been retained to introduce business prospects to another company, if that company contracts with other businesses which are doing business with or are subject to the regulation of the county commission?

This question is answered in the negative.

In your letter of inquiry you advise that you have incorporated and are serving as president of a business entity which has been retained by a fuel distributor to secure for them introductions to business prospects within the County. You question whether a prohibited conflict of interest would be created were the fuel distributor to do business with companies which either are doing business with, or are subject to the regulation of, the Board of County Commissioners.

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. (1981).]

This provision prohibits you, as a County Commissioner, from having any employment or contractual relationship with business entities which are doing business with or are subject to the regulation of the County Commission. Under the circumstances you have presented, however, you would not have any employment or contractual relationship with such business entities. Rather, your employment is as president of a corporation which has been retained by the fuel distributor which would have a contractual relationship with such businesses. Nor does it appear from the circumstances you have presented that your employment would create a continuing or frequently recurring conflict of interest or would impede the full and faithful discharge of your responsibilities as a County Commissioner.

Accordingly, we find that no prohibited conflict of interest would be created were you to serve as president of a corporation which has been retained to introduce business prospects to another company, if that company contracts with still other businesses which are doing business with or are subject to the regulation of the County Commission. We would strongly encourage you to use extreme care to avoid misusing, or even the appearance of misusing, your public position if you contact companies which are doing business with or which are subject to the regulation of the County Commission. See Section 112.313(6), Florida Statutes, which provides as follows:

MISUSE OF PUBLIC POSITION. -- No public officer or employee of an agency shall corruptly use or attempt to use his official position or any property or resource which may be within his trust, or perform his official duties, to secure a special privilege, benefit, or exemption for himself or others. This section shall not be construed to conflict with s. 104.31.

QUESTION 2:

Would a voting conflict of interest be created were you, a county commissioner, to vote on matters affecting businesses which are doing business with a company which has retained your firm to introduce business prospects to them?

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

Voting conflicts. -- No public officer shall be prohibited from voting in his official capacity on any matter. However, any public officer voting in his official capacity upon any measure in which he has a personal, private, or professional interest and which inures to his special private gain or the special gain of any principal by whom he is retained shall, within 15 days after the vote occurs, disclose the nature of his interest as a public record in a memorandum filed with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the minutes. [Section 112.3143, F.S. (1981).]

Under this provision, you are required to file a Memorandum of Voting Conflict (CE Form 4) if you vote upon any matter which inures to your special private gain or to the special private gain of a principal by whom you are retained. Under the circumstances you have presented, it does not appear that you have been retained by a business which is doing business with or is subject to the regulation of the County Commission. Therefore, unless the measure before the County Commission somehow would inure to your benefit, no Memorandum of Voting Conflict would be required to be filed if you vote upon the measure. We are of the opinion, however, that Section 286.012, Florida Statutes, would permit you to abstain from voting in situations where the matter before the County Commission pertains to a business entity with which you have contracted in behalf of the fuel distributor. See CEO 78-96.