CEO 84-39 -- June 7, 1984

CONFLICT OF INTEREST

D.H.R.S. EMPLOYEE OWNING DAY CARE CENTER LICENSED BY DEPARTMENT

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

SUMMARY:

No prohibited conflict of interest would exist were a Data Entry Operator in the Office of Disability Determinations, District IV, D.H.R.S., to own a day care center which would be licensed and inspected by the day care licensure office of that District. The employee is not in a position to influence the licensure or the inspections of a day care center or to refer Department clients to the Center. CEO's 83-84 and 84-20 are referenced.

QUESTION:

Would a prohibited conflict of interest exist were you, a Data Entry Operator in the Office of Disability Determinations, District IV, Department of Health and Rehabilitative Services, to own a day care center which would be licensed and inspected by the Day Care Licensure Office of that District?

Your question is answered in the negative.

In your letter of inquiry you advise that you are employed as a Data Entry Operator in the Disability Determinations Office of District IV, Department of Health and Rehabilitative Services. That Office schedules medical examinations for persons applying for social security or supplemental security income, you advise; as a data entry operator, you have no contact with claimants.

You question whether you may open a day care center which would be operated during the day by your sisters. The center would be licensed and inspected by the District's Office of Day Care Licensure, you advise. The Office of Disability Determinations plays no role in regulating day care centers.

We are of the opinion that your question is answered by the rationale of previous opinions CEO 83-84 and CEO 84-20. As was the situation in those opinions, it is clear that you are not in a position to influence in any way the licensure or inspections of your day care center or to refer Departmental clients to your day care center.

Accordingly, we find that no prohibited conflict of interest would be created were you to own a day care center while being employed as a Data Entry Operator with the Office of Disability Determinations.