CEO 84-79 -- August 9, 1984

CONFLICT OF INTEREST

FORMER EMPLOYEE OF D.H.R.S. WORKING FOR CONSULTING FIRM CONTRACTING WITH DEPARTMENT

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

SUMMARY:

No prohibited conflict of interest would be created were a former employee of the Department of Health and Rehabilitative Services to be employed by a consulting firm contracting with the Department in connection with those contracts. As the employee had no involvement with the contracts while a State employee, neither Section 112.3185(3) nor Section 112.3185(4), Florida Statutes, would be violated.

QUESTION:

Would a prohibited conflict of interest be created were you, a former employee of the Department of Health and Rehabilitative Services, to be employed by a consulting firm contracting with the Department in connection with those contracts?

Your question is answered in the negative.

In your letter of inquiry you advise that you were employed by the Department of Health and Rehabilitative Services from 1977 to 1984. For approximately the last two years of your employment you served as Deputy Assistant Secretary for Program Planning. After leaving the Department, you accepted a position with a consulting firm as executive vice president with primary responsibility for internal management of the firm and working on a project involving another state.

The firm also has pre-existing contracts with two Districts of the Department. As Deputy Assistant Secretary for Program Planning, you had no involvement whatsoever in those contracts, which were approved by the District Administrators, the Assistant Secretary for Operations, and the Secretary of the Department. Due to staff turnover, the firm would like you to serve as project director for one of the contracts and also wishes to involve you in the project covered by the second contract.

The Code of Ethics for Public Officers and Employees provides in relevant part:

No agency employee shall, after retirement or termination, have or hold any employment or contractual relationship with any business entity other than an agency in connection with any contract in which the agency employee participated personally and substantially through decision, approval, disapproval, recommendation, rendering of advice or investigation while an officer or employee. [Section 112.3185(3), Florida Statutes (1983).]

No agency employee shall, within 2 years of retirement or termination, have or hold any employment or contractual relationship with any business entity other than an agency in connection with any contract for contractual services which was within his responsibility while an employee. [Section 112.3185(4), Florida Statutes (1983).]

Generally speaking, these provisions prohibit you from being employed after leaving the Department in connection with a contract with which you were involved while a Department employee. However, you have advised that you had absolutely no involvement with either of the contracts between the Department and your present employer. Since neither of these contracts was within your responsibility and you did not participate personally and substantially in either of them, we conclude that these prohibitions do not limit your employment with the consulting firm.

Accordingly, we find no prohibited conflict of interest would be created were you to become involved as an employee of the consulting firm in either of the contracts between the firm and the Department of Health and Rehabilitative Services.