CEO 79-28 -- May 17, 1979

CONFLICT OF INTEREST

DEPUTY SHERIFFS SELLING VEHICLES TO SHERIFF'S OFFICE

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

Prepared by: Phil Claypool

SUMMARY:

Section 112.313(3), F. S. 1977, prohibits a public officer from acting in a private capacity to sell any goods to his public agency and therefore would prohibit a deputy sheriff from selling an automobile to the sheriff's office. However, a specific statutory exemption to this prohibition is contained in s. 112.313(12)(b) when the business is awarded under a system of sealed, competitive bidding to the lowest or best bidder, and the official or his spouse or child has in no way participated in the determination of the bid specifications or the determination of the lowest or best bidder; the official or his spouse or child has in no way attempted to influence the awarding of the bid; and the official, prior to or at the time of the submission of the bid, has disclosed his or his spouse's or child's interest and the nature of the intended business. The appropriate form for such disclosure is CE Form 3A. So long as the terms and conditions of s. 112.313(12)(b) are met, the Code of Ethics for Public Officers and Employees does not prohibit a deputy sheriff from selling an automobile to the sheriff's office through a competitive bidding procedure.

QUESTION:

Would a prohibited conflict of interest be created were a deputy sheriff to sell an automobile by competitive bid to the sheriff's office?

Your question is answered in the negative, subject to the conditions specified later in this opinion.

In your letter of inquiry you advise that the Palm Beach County Sheriff's Office is phasing out its program of leasing cars from deputies. You also advise that some of these automobiles are in outstanding condition and are equipped with special features, so that they would be of great benefit to the sheriff's office. Therefore, you question whether these automobiles may be purchased from the deputies through the use of bidding procedures.

Section 112.313(3), F. S. 1977, prohibits a public officer from acting in a private capacity to sell any goods to his agency and, therefore, would prohibit a deputy sheriff from selling an automobile to the sheriff's office. However, a specific, statutory exemption to subsection (3) exists when:

The business is awarded under a system of sealed, competitive bidding to the lowest or best bidder and:

1. The official or his spouse or child has in no way participated in the determination of the bid specifications or the determination of the lowest or best bidder;

2. The official or his spouse or child has in no way used or attempted to use his influence to persuade the agency or any personnel thereof to enter such a contract other than by the mere submission of the bid; and

3. The official, prior to or at the time of the submission of the bid, has filed a statement with the Department of State, if he is a state officer or employee, or with the Clerk of the Circuit Court of the county in which the agency has its principal office, if he is an officer or employee of a political subdivision, disclosing his, or his spouse's or child's, interest and the nature of the intended business. [Section 112.313(12)(b), F. S. 1977.]

Accordingly, we find that, so long as the terms and conditions of s. 112.313(12)(b) are met, the Code of Ethics for Public Officers and Employees does not prohibit a deputy sheriff from selling an automobile to the sheriff's office through a competitive bidding procedure. Please note that we have promulgated CE Form 3A for use in making the disclosure required by s. 112.313(12)(b), F. S. This form may be obtained from the clerk of the circuit court of your county.