CEO 78-87 -- November 15, 1978

CONFLICT OF INTEREST

COUNTY BUILDING OFFICIAL DOING BUSINESS AS GENERAL CONTRACTOR

To: Earl Parish, Baker County Building Official, Macclenny

Prepared by: Phil Claypool

SUMMARY:

In CEO 76-42 it was advised that the Code of Ethics prohibits a city building inspector from private involvement in the building industry, as he would be cast in the role of approving either his own work or that of his associates. See also CEO's 76-2A and 76-113, advising that a county engineer may not be employed privately to perform work subject to the approval of his department, and that a city engineer may not be employed by a firm which does work which is subject to the approval of his department. However, a county building official would not be prohibited by the Code of Ethics from privately acting as a general contractor or subcontractor in areas outside of the county or in areas within the county not within the jurisdiction of the county building department, such as municipalities, since neither the official nor his department would be involved in approving his private work.

QUESTION:

Would a prohibited conflict of interest be created were I, a county building official, to engage in construction work in the county as a general contractor or a subcontractor?

Your question is answered in the affirmative.

In your letter of inquiry you advise that you are the Baker County Building Official and that you are contemplating doing construction work as a general contractor or a subcontractor within Baker County. Under the Standard Building Code, which has been adopted by the county, the building official is in charge of the building department and is authorized to enforce the provisions of all building, electrical, plumbing, heating, and air conditioning codes adopted by the county.

We have previously advised that the Code of Ethics for Public Officers and Employees prohibits a city building inspector from private involvement in the building industry, as he would be cast in the role of approving either his own work or that of his associates. See CEO 76-42. See also CEO's 76-2A and 76-113, advising that a county engineer may not be employed privately to perform work subject to the approval of his department, and that a city engineer may not be employed by a firm which does work which is subject to the approval of his department. However, the Code of Ethics would not prohibit you, as building official, from privately acting as a general contractor or subcontractor in areas outside of the county or in areas within the county which would not be within the jurisdiction of the county building department, such as municipalities, since neither you nor your department would be involved in approving your private work.

Accordingly, we find that a prohibited conflict of interest would be created were you, a county building official, to engage in the construction business as a general contractor or as a subcontractor within areas of the county which are under the regulation of the building department.