CEO 83-82 -- October 27, 1983

CONFLICT OF INTEREST

BASIN BOARD MEMBER ALSO SERVING ON BOARD OF SUPERVISORS OF SOIL AND WATER CONSERVATION DISTRICT

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

SUMMARY:

No provision of the Code of Ethics prohibits a public officer from serving in another public office. CEO's 82-61, 77-143 and 77-95 are referenced.

QUESTION:

Would a prohibited conflict of interest be created were a member of a Basin Board to serve on the Board of Supervisors of a Soil and Water Conservation District?

Your question is answered in the negative.

In your letter of inquiry you advise that the Pasco Soil and Water Conservation District is considering appointing Mr. James Mitchell to its Board of Supervisors to fill a vacancy created by a resignation. You also advise that this individual serves on the Pinellas Basin Board, which has been created under Chapter 373, Florida Statutes.

We previously have advised that the Code of Ethics for Public Officers and Employees does not address the issue of whether a public officer may hold another public office. See CEO's 82-61, 77-143 and 77-95. Accordingly, we find that the Code of Ethics would not prohibit the subject Basin Board member from also serving on the Board of Supervisors of the Soil and Water Conservation District. As we stated in those earlier opinions, you may wish to contact the Attorney General regarding the applicability of the dual officeholding prohibition contained in Article II, Section 5(a), Florida Constitution, to this situation.