CEO 84-29 -- April 26, 1984

CONFLICT OF INTEREST

FORMER EMPLOYEE OF DEPARTMENT OF NATURAL RESOURCES EMPLOYED BY SURVEYING FIRM CONTRACTING TO PROVIDE SERVICES TO DEPARTMENT

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

SUMMARY:

No prohibited conflict of interest was created where an employee of the Department of Natural Resources left his employment with the Department to work for a surveying firm which is contracting with the Department. Where the employee had no responsibilities relating to the award of the contract, and no involvement whatsoever with the contract while a public employee, he is not prohibited from resigning to work for a business entity contracting with the Department. CEO's 82-67 and 83-8 are referenced.

QUESTION:

Was a prohibited conflict of interest created where an employee of the Department of Natural Resources left his employment with the Department to work for a surveying firm which is contracting with the Department, where the employee had no responsibilities relating to the award of the contract?

Your question is answered in the negative.

In your letter of inquiry you advise that recently Mr. Stuart Lakanen, a Registered Land Surveyor II with the Bureau of Survey and Mapping, Division of State Lands, Department of Natural Resources, resigned his employment with the Department to work for a surveying firm, which subsequently was awarded a contract to provide cadastral surveys for the Department at several State parks. You also advise that the subject employee had no involvement with the design of the project, its specifications, interviews for the award of the contract, the selection process, fee negotiations, or any other portion of the project. The contract was not within the employee's area of concern while employed as a field crew supervisor by the Department. Finally, the Assistant Bureau Chief has advised that he has no knowledge of the employee even working on any of the park sites involved in the contract while employed by the Department.

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 the agency employee's responsibility while an employee. [Section 112.3185(4), Florida Statutes (1983).]

Generally, these provisions prohibit a former State employee from private employment in connection with any contract with which he was involved while a public employee. See CEO 82-67 and CEO 83-8. However, it is clear from the circumstances presented that the subject employee had no involvement in the contract which was awarded to his present employer.

Accordingly, we find that no prohibited conflict of interest exists by virtue of the former Department employee's current employment with a surveying firm which is contracting with the Department.