CEO 85-7 -- January 24, 1985

CONFLICT OF INTEREST

CITY POLICE OFFICERS' FRATERNAL ORDER OF POLICE LODGE PLACING VENDING MACHINES IN DEPARTMENT FACILITY

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

SUMMARY:

No prohibited conflict of interest would be created were the fraternal order of police lodge of which the police chief and other officers of the police department are members to place vending machines in the department's area. The lodge would not be "doing business" with the department within the contemplation of Section 112.313(7)(a), Florida Statutes, by virtue of its receiving permission to place vending machines in the department's lounge area.

QUESTION:

Would a prohibited conflict of interest be created were the fraternal order of police lodge of which you, a municipal police chief, and the other officers of your police department are members to place vending machines in the department's lounge area?

Your question is answered in the negative.

In your letter of inquiry and in a telephone conversation with our staff you have advised that the fraternal order of police lodge of which you and the other officers of your Police Department are members has requested your permission to place vending machines in the lounge area of the Department's new facility. It is your understanding that the lodge would contract with a vending company to put the machines in and to split the money collected from the machines. There would be no contract between the City and the lodge, and the City would not realize any financial benefit from granting its permission. The lodge is a social and fraternal organization and does not engage in collective bargaining activities in behalf of the officers of the Department.

The Code of Ethics for Public Officers and Employees provides in relevant part:

CONFLICTING EMPLOYMENT OR CONTRACTUAL RELATIONSHIP. -- No public officer or employee of an agency shall have or hold any employment or contractual relationship with any business entity or any agency which is subject to the regulation of, or is doing business with, an agency of which he is an officer or employee . . . ; nor shall an officer or employee of an agency have or hold any employment or contractual relationship that will create a continuing or frequently recurring conflict between his private interests and the performance of his public duties or that would impede the full and faithful discharge of his public duties. [Section 112.313(7)(a), Florida Statutes (1983).]

This provision prohibits a public officer or employee from having any employment or contractual relationship with a business entity which is doing business with or subject to the regulation of his agency.

It does not appear that the lodge is regulated by the Police Department, and we are of the opinion that the lodge is not doing business with the Department by virtue of its receiving permission to place vending machines in the Department's lounge area. In previous opinions we have advised that a business entity and an agency are not "doing business" within the contemplation of this provision where one would not have a cause of action against the other in the event of default on the agreement or where the transaction is merely a donation of property. See CEO 80-87 and CEO 82-13. In our view, this situation comes within the rationale of those two opinions. Finally, we do not perceive that allowing the lodge to place vending machines in the Department for the benefit of the officers would present you or other officers in the Department with a continuing or frequently recurring conflict of interest or impede the full and faithful discharge of your public duties.

Accordingly, we find that no prohibited conflict of interest would be created were the fraternal order of police lodge to place vending machines in the Department's lounge area.