CEO 86-7 -- January 9, 1986

CONFLICT OF INTEREST

D.H.R.S. HUMAN SERVICES COUNSELOR WORKING AS A NONPAID VOLUNTEER RESERVE DEPUTY SHERIFF

To: Mr. Alex F. Freeman, Human Services Counselor II, District VI, Department of Health and Rehabilitative Services, Ft. Meade

SUMMARY:

No prohibited conflict of interest would be created under Section 112.313(7)(a), Florida Statutes, where a Human Services Counselor works part-time as a nonpaid volunteer Reserve Deputy where the counselor's agency does not regulate and does not appear to be doing business with the Sheriff's Department. Further, his outside work as a reserve deputy would not present a continuing or frequently recurring conflict of interest and would not impede the full and faithful discharge of his public duties as a Human Services Counselor. CEO 83-80 is referenced.

QUESTION:

Does a prohibited conflict of interest exist where you, a Human Services Counselor with the Department of Health and Rehabilitative Services, work part-time as a nonpaid volunteer reserve deputy sheriff?

Your question is answered in the negative.

In your letter of inquiry you advise that you are employed by the Department of Health and Rehabilitative Services as a Human Services Counselor II for Hardee County in the Children, Youth and Families Program. Your primary responsibilities are to supervise children adjudicated delinquent by the Circuit Court. You state that you also work as a nonpaid volunteer for the Polk County Sheriff's Department as a Reserve Deputy Sheriff and are required to work a minimum of ten hours per month. You question whether working as a Reserve Deputy Sheriff creates a prohibited conflict of interest with your employment as a Human Services Counselor.

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 (1985).]

This provision prohibits you from having any employment or contractual relationship with any agency which is subject to the regulation of or which is doing business with your agency. However, it is clear that the Sheriff's Department is not regulated by or doing business with the Department of Health and Rehabilitative Services.

Further, we see no reason to believe that your outside work as a Reserve Deputy in Polk County would present you with a frequently recurring conflict of interest or would impede the full and faithful discharge of your public duties as a Human Services Counselor in Hardee County because there is no conflict in the hours to be worked in both positions or in the nature of your duties. See CEO 83-80.

Accordingly, we find no prohibited conflict of interest in your service as a Reserve Deputy Sheriff while being employed as a Human Services Counselor.