CEO 84-36 -- June 7, 1984

CONFLICT OF INTEREST

D.H.R.S. EMPLOYEE EMPLOYED BY CORPORATION DOING BUSINESS WITH DEPARTMENT

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

SUMMARY:

No prohibited conflict of interest exists where a Human Services Counselor II responsible for licensing and inspecting day care centers in District IV of D.H.R.S. is employed part-time by a corporation which has contracted with the Department to operate a home for dependent children. The employee played no role in the contracting process between the Department and her private employer, has no responsibilities related to the corporation and its contract, and is not in a position to make referrals to the private employer. CEO's 83-85, 84-20, and 84-24 are referenced.

QUESTION:

Does a prohibited conflict of interest exist where you, a Human Services Counselor II responsible for licensing and inspecting day care centers in District IV of the Department of Health and Rehabilitative Services, are employed part-time by a corporation which has contracted with the Department to operate a home for dependent children?

Your question is answered in the negative.

In your letter of inquiry you advise that you are employed by District IV of the Department of Health and Rehabilitative Services as a Human Services Counselor II. In that position, you are responsible for licensing and inspecting day care centers. You also advise that you are employed in a part-time position as a house parent at a home for unmarried pregnant teenage girls and other dependent children. The home is operated by a corporation under a contract with the District.

We are of the opinion that your question is answered by the rationale of previous opinions CEO 83-85, CEO 84-20, and CEO 84-24. In a telephone conversation with our staff, your supervisor advised that you played no role in the contracting process between the Department and your private employer. In addition, your responsibilities in the licensure and inspection of child care facilities are unrelated to the corporation and its contract with the Department. Finally, your supervisor also advised that you are not in a position to make referrals as a D.H.R.S. employee to your private employer.

Accordingly, we find that no prohibited conflict of interest exists in your part-time employment while being employed full time as a Human Services Counselor II.