CEO 82-55 -- July 29, 1982

CONFLICT OF INTEREST

STATE EMPLOYEE PROVIDING CONSULTING SERVICES FOR CLIENTS LITIGATING AGAINST STATE AGENCIES

To: Mr. M. Barry Payne, Planning and Research Economist, Florida Public Service Commission

SUMMARY:

No prohibited conflict of interest would be created were an employee of the Florida Public Service Commission to contract to provide consulting services for a client involved in litigation against the Department of Corrections. Under the circumstances presented, it does not appear that the consulting activity would present a conflict of interest with the employee's duties and responsibilities to the Public Service Commission, as the litigation involves the Department of Corrections.

QUESTION:

Would a prohibited conflict of interest be created were you, an employee of the Florida Public Service Commission, to contract to provide consulting services for a client involved in litigation against the Department of Corrections?

Your question is answered in the negative.

In your letter of inquiry you advise that you are employed by the Florida Public Service Commission as a Planning and Research Economist, in which position you provide an economic analysis of those public utilities regulated by the Commission. As an economist, you advise, you have had various opportunities to perform professional services for clients in need of an economic consultant. In a telephone conversation with our staff, you advised that you have been engaged by a law firm in connection with litigation against the Florida Department of Corrections regarding employment discrimination. Specifically, you were hired to provide a statistical analysis of employment practices by the Department.

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), Florida Statutes (1981).]

The first portion of this provision prohibits a public employee from contracting with a business entity which is subject to the regulation of, or is doing business with, his agency. Here, however, it does not appear that the law firm is subject to the regulation of, or is doing business with, the Public Service Commission.

This provision also prohibits a public employee from having any contractual relationship which will create a continuing or frequently recurring conflict of interest or that would impede the full and faithful discharge of his public duties. However, under the circumstances you have described, it does not appear that your consulting activity would present a conflict of interest with your duties as an employee of the Public Service Commission. In this regard, we note that the litigation involves the Department of Corrections, and not the Public Service Commission. Nor have you provided any information from which we could conclude that your relationship with the law firm would result in a conflict of interest because of the firm's activities before the Public Service Commission.

Accordingly, under the circumstances you have presented, we find that no prohibited conflict of interest would be created were you to provide consulting services to a law firm in connection with litigation against the Department of Corrections.