CEO 84-77 -- August 9, 1984

CONFLICT OF INTEREST

DEPARTMENT OF INSURANCE EMPLOYEE CONTRACTING TO PROVIDE SERVICES TO DEPARTMENT OF CORRECTIONS

To: Mr. David R. Voss, Senior Executive Assistant, Department of Insurance, Tallahassee

SUMMARY:

No prohibited conflict of interest would be created were a senior executive assistant with the Department of Insurance to conduct training seminars for the Department of Corrections through a contract with that Department entered into prior to his employment with the Department of Insurance, as the employee is not involved in selling any services to his agency.

QUESTION:

Would a prohibited conflict of interest be created were you, a Senior Executive Assistant with the Department of Insurance, to conduct training seminars for the Department of Corrections through a contract with that Department?

Your question is answered in the negative.

In your letter of inquiry you advise that recently you were employed by the Department of Insurance as a Senior Executive Assistant for the Insurance Commissioner. Prior to that time, while working as a private consultant, you were awarded a contract by the Department of Corrections through a sealed, competitive bidding process to conduct training seminars on media relations. At the time you were hired by the Department of Insurance, the Department agreed to allow you to fulfill that existing contract. In order to do so, you will take a leave of absence and obtain the necessary approval for dual compensation.

We have reviewed the provisions of the Code of Ethics for Public Officers and Employees contained in Part III of Chapter 112, Florida Statutes, and we conclude that there is no provision within the Code of Ethics which would prohibit you from fulfilling this contract. First, we note that you entered into the contract before you became a State employee. Secondly, you are not involved in selling any services to your agency, the Department of Insurance. Finally, we perceive no other reason to believe that this consulting work would create a continuing or frequently recurring conflict of interest, or would impede the full and faithful discharge of your public duties.

Accordingly, we find that no prohibited conflict of interest would be created were you to conduct training seminars for the Department of Corrections under your existing contract while remaining an employee of the Department of Insurance.