CEO 83-95 -- December 15, 1983

CONFLICT OF INTEREST; VOTING CONFLICT OF INTEREST

FIRE PROTECTION AND RESCUE SERVICE DISTRICT COMMISSIONER EMPLOYED BY COUNTY AS PARAMEDIC

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

SUMMARY:

No prohibited conflict of interest exists where an elected commissioner of a fire protection and rescue service district is employed as a paramedic with the county ambulance service, where the county and the district have agreed that the district will house county paramedics at its fire station. Such agreements between government entities do not result in a prohibited conflict of interest under Section 112.313(7)(a), Florida Statutes. CEO 81-5 and CEO 80-5 are referenced.

No voting conflict of interest would be created under Section 112.3143, Florida Statutes, were the district commissioner to vote on the purchase of items for the district's fire station, as the commissioner would not be the only individual at the fire station to use them. However, a voting conflict of interest would be created if he were to vote on a measure affecting the housing of county paramedics at the district's fire station, as such a measure would result in gain to his employer, the county.

QUESTION 1:

Does a prohibited conflict of interest exist where you, an elected commissioner of a fire protection and rescue service district, are employed as a paramedic with the county ambulance service, where the county and the district have agreed that the district will house county paramedics at its fire station?

Your question is answered in the negative.

In your letter of inquiry and in a telephone conversation with our staff, you advise that you recently were elected as a Commissioner of the South Trail Fire Protection and Rescue Service District, which is located in Lee County. You also advise that you are employed as a paramedic with the Lee County Ambulance Service. Finally, you advise that under an agreement between the County and the District, the District has agreed to house some of the County paramedics in its fire station. Therefore, as one of the County paramedics who rotate among nine different locations in the County, you spend some of your time housed at the District's fire station.

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 part of this provision prohibits a public officer, such as a fire district commissioner, from being employed by an agency which is doing business with the district. However, we previously have advised that the type of agreement that exists here between the County and the District does not constitute "doing business" between the two agencies. See CEO 81-5 and CEO 80-5.

Section 112.313(7)(a) also prohibits you from having any employment which will create a continuing or frequently recurring conflict of interest or which would impede the full and faithful discharge of your public duties. As you have advised that the agreement to house paramedics is the only relationship between the County and the District, we find that your employment as a paramedic with the County would not result in such a prohibited conflict of interest.

Accordingly, we find that no prohibited conflict of interest exists by virtue of your employment as a County paramedic while serving as a Commissioner of the Fire Protection and Rescue Service District.

QUESTION 2:

Would a voting conflict of interest be created under Section 112.3143, Florida Statutes, if you were to vote as a district commissioner on matters which might affect you as a paramedic when housed at the district's fire station?

In a telephone conversation with our staff, you advised that during the time you are housed as a paramedic at the District's fire station, you are authorized to use the furniture, equipment, and appliances at the fire station. Therefore, you question whether a voting conflict of interest may be created if you were to vote, for example, to buy a new couch or coffee pot for the station, as you would be in a position to use those things during the time you are stationed there.

Section 112.3143, Florida Statutes, provides:

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, Florida Statutes (1981).]

We are of the opinion that if you were to vote on such matters as the purchase of furniture or a coffee pot, you would not be required to file a Memorandum of Voting Conflict under this provision. Although you could be said to have a personal interest in the purchase of these things because you would be in a position to use them, their purchase would not inure to your special private gain because you would not be the only individual at the fire station to use them. However, we are of the opinion that you should file a Memorandum of Voting Conflict (Commission on Ethics Form 4) if you vote on a measure affecting the housing of County paramedics at the District's fire station, as you would have a personal interest in the matter and it would appear to result in gain to the County (your employer) in that it would not have to construct a facility to house paramedics in that area or to find another location for them.

Accordingly, we find that a voting conflict of interest could be created under Section 112.3143, Florida Statutes, as outlined above, were you to vote on matters affecting County paramedics at the District's fire station.