CEO 82-57 -- July 29, 1982

CONFLICT OF INTEREST

COUNTY HEALTH DEPARTMENT NURSE CONTRACTING WITH DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES

To: Ms. Rebecca Dorris, Public Health Nurse Specialist, Okaloosa County Health Department

SUMMARY:

No prohibited conflict of interest would be created were a public health nurse specialist with a county health department to contract with the Department of Health and Rehabilitative Services to do nursing and medical evaluations of prospective clients for the developmental services program. Here, the developmental services program is not subject to the regulation of, nor is it doing business with, the county health department. Nor does it appear that the nurse's work for the Department of Health and Rehabilitative Services would present a conflict of interest with her responsibilities as a nurse with the county health department.

QUESTION:

Would a prohibited conflict of interest be created were you, a public health nurse specialist with a county health department, to contract with the Department of Health and Rehabilitative Services to do nursing and medical evaluations of prospective clients for the developmental services program?

Your question is answered in the negative.

In your letter of inquiry you advise that you are employed as a Public Health Nurse Specialist with the Okaloosa County Health Department. You also advise that you have been asked by the Developmental Services Program Office of District I of the Department of Health and Rehabilitative Services to contract to do nursing and medical evaluations of prospective clients for their program.

In a telephone conversation with our staff, the Developmental Services Program Supervisor advised that due to an increase in the number of applicants for developmental services, the Department is attempting to contract with qualified persons to assist in processing applicants. As a part of this process, the Department requires evaluations and reports concerning each applicant from a four member evaluation team which includes a nurse. The work would be done during the evening and on weekends, with the nurse being paid on the basis of number of applicants evaluated.

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).]

This provision prohibits a public employee from having a contractual relationship with an agency which either is doing business with, or is subject to the regulation of, the employee's agency. As we found in CEO 77-147, the "agency" of an employee of a county health department is that department for purposes for the Code of Ethics. However, it appears that the developmental services program is neither subject to the regulation of, nor doing business with, the County Health Department. See Chapter 154, Florida Statutes, which provides for the creation and funding of County Health Departments. Finally, it does not appear that there is any reason to believe that your outside work with the Department of Health and Rehabilitative Services would present a conflict of interest with your responsibilities as a nurse with the County Health Department.

Accordingly, we find that no prohibited conflict of interest would be created were you to contract with the Department of Health and Rehabilitative Services, Developmental Services Program Office, to provide nursing evaluations of applicants for developmental services.