CEO 85-28 -- April 11, 1985

CONFLICT OF INTEREST

CITY PARKS AND RECREATION BOARD MEMBER CONTRACTING TO PROVIDE SAFETY TRAINING PROGRAM FOR CITY EMPLOYEES

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

SUMMARY:

No prohibited conflict of interest would be created were a city parks and recreation board member to contract with the city to implement a safety training program for city employees, where the board plays no role in the contracting process. CEO 81-66 is referenced.

QUESTION:

Would a prohibited conflict of interest be created were a city parks and recreation board member to contract with the city to implement a safety training program for city employees?

Your question is answered in the negative.

In your letter of inquiry and in a telephone conversation with our staff, you have advised that .... is the Chairman of the City of Edgewater Parks and Recreation Board, which is appointed by the City Council to make recommendations regarding the use of the City's recreational facilities. You also advise that the City is considering contracting with him as a consultant or safety director to implement a training program on safety procedures for City employees. Under the contract he would not be a City employee, but he would receive monthly compensation. Finally, you have advised that the Parks and Recreation Board has played and will play no role in the decision of whether to enter into the contract.

In previous opinions we have advised that the Code of Ethics for Public Officers and Employees would not prohibit a member of a subordinate board of a political subdivision from selling services to agencies of the political subdivision other than the agency of which he is a member, so long as the subordinate board member is not responsible in any manner for the approval of or the giving of advice or recommendations as to the purchase of services. See CEO 81-66 and the opinions cited therein. As the Parks and Recreation Board is not responsible for the approval of, or the giving of advice or recommendations as to, this particular contract, we find that the rationale of these opinions applies to the situation you have presented.

Accordingly, we find that no prohibited conflict of interest would be created were the subject Parks and Recreation Board member to contract with the City to provide a safety training program for City employees.