CEO 83-67 -- September 22, 1983

CONFLICT OF INTEREST

DEPARTMENT OF COMMERCE EMPLOYEE SERVING AS GUEST LECTURER AT SEMINARS PROVIDED BY U.S. INFORMATION AGENCY AND BY ORGANIZATION OF AMERICAN STATES

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

SUMMARY:

No prohibited conflict of interest was created where a Development Representative with the Department of Commerce received an honorarium for serving as a guest lecturer on international marketing strategies at a seminar sponsored by the U.S. Information Agency Mission at the U.S. Embassy in Guatemala. CEO 79-47 is distinguished, as it does not appear that the employee's participation at the seminar would conflict with his responsibility in the promotion of the export of goods and services of Florida companies to Caribbean, Central American, and South American markets. Nor does it appear that his lectures would involve the use of Department information not available to the general public for his personal gain or benefit. Similarly, no prohibited conflict of interest would be created were the Development Representative to receive an honorarium for serving as a guest lecturer on the export of food to the United States at a seminar sponsored by the Organization of American States.

QUESTION 1:

Was a prohibited conflict of interest created where you, a Development Representative with the Department of Commerce, received an honorarium for serving as a guest lecturer on international marketing strategies at a seminar sponsored by the U.S. Information Agency Mission at the U.S. Embassy in Guatemala?

This question is answered in the negative.

In your letter of inquiry you advise that you are employed as a Development Representative I with the Division of Economic Development of the Department of Commerce. In that position, your primary responsibility is to promote the export of goods and services of Florida-based companies to the Caribbean and Central and South America. This is mainly accomplished by planning and coordinating international programs, such as trade missions and international trade fairs; by counseling businessmen of international marketing opportunities offered by the Department as well as other organizations; by informing foreign businessmen of Florida's industrial advantages; by delivering talks on international trade and direct foreign investment opportunities; and by participating in conferences and meetings related to international trade.

In addition, you advise that recently you participated as a guest lecturer at a seminar sponsored by the U.S. Information Agency Mission at the U.S. Embassy in Guatemala. For the seminar, you prepared six one-hour lectures on various topics relating to international marketing strategies and prepared a list of suggested reading materials. For your work, you were to receive an honorarium, round-trip air fare, and per diem.

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).]

DISCLOSURE OR USE OF CERTAIN INFORMATION. -- No public officer or employee of an agency shall disclose or use information not available to members of the general public and gained by reason of his official position for his personal gain or benefit or for the personal gain or benefit of any other person or business entity. [Section 112.313(8), Florida Statutes (1981).]

In a previous opinion, CEO 79-47, we found that these provisions would prohibit the Tourist Research Administrator for the Division of Tourism of the Department of Commerce from providing consulting services to the Bahamas Ministry of Tourism to assist that government in preparing a tourism marketing strategy. There, the employee had offered his services to the Ministry to assist them in preparing an in-depth marketing strategy analysis from tourism data provided by the Division of Tourism. We found that the consultation impeded the full and faithful discharge of the employee's public duties, as the Bahamas competed with Florida to a degree for tourist dollars, and constituted the use of agency information for private gain, as the employee's position afforded him access to the data, experience in interpreting it, and knowledge of an existing market for analysis and interpretation of the tourism data.

We are of the opinion that your situation differs materially from that in CEO 79-47. In a telephone conversation with our staff, you advised that Florida products do not compete with Guatemalan products. Therefore, it does not appear that your participation at the seminar would conflict with or impede your responsibilities in the promotion of the export of goods and services of Florida companies to Caribbean, Central American, and South American markets. Nor does it appear that your lectures would involve the use of Department information not available to the general public for your personal gain or benefit. You have advised that your past experience as head of the market research department of the Latin American division of a large American corporation qualifies you to speak on the subject of international marketing. In addition we note that you have advised that the opportunity to participate in the seminar arose because you teach an international marketing course at the University of Miami.

Accordingly, we find that no prohibited conflict of interest was created by virtue of your serving as a guest lecturer at this seminar.

QUESTION 2:

Would a prohibited conflict of interest be created were you, a Development Representative with the Department of Commerce, to receive an honorarium for serving as a guest lecturer at a seminar sponsored by the Organization of American States?

This question is answered in the negative.

In your letter of inquiry you advise that you have been invited to give several lectures at a seminar sponsored by the Organization of American States to be held at the Institute of Interamerican Studies of the University of Miami. All of the instructors for the seminar are or have been professors at the University of Miami, you advise. The lectures you have been asked to give will cover understanding the distribution of food in the U.S., health regulations in the U.S. food industry, pricing methods, the U.S. customs system, and transportation to the U.S. For this work, you are to receive an honorarium based on the number of lectures given.

The relevant provisions of the Code of Ethics are those set out in our response to your first question, above. We are of the opinion that your participation in the seminar would not violate either of these prohibitions. It is apparent that the topics upon which you will lecture do not relate to your responsibilities as an employee of the Department regarding the promotion of exports from Florida companies to the Caribbean and Central and South America. Again, this is not a situation in which you will be providing information which will enable foreign businesses to compete with Florida companies in these markets. Nor does it appear that your lectures would involve information not available to the general public and gained by reason of your official position.

Accordingly, we find that no prohibited conflict of interest would be created were you to receive an honorarium for serving as a guest lecturer at the seminar sponsored by the Organization of American States.