CEO 86-49 -- June 19, 1986

CONFLICT OF INTEREST

D.H.R.S. DISTRICT COUNSEL OWNING ADULT CONGREGATE LIVING FACILITY IN ANOTHER DISTRICT

To: Mr. Leonard T. Helfand, District Legal Counsel, District 11, Department of Health and Rehabilitative Services, Miami

SUMMARY:

No prohibited conflict of interest would be created were the district counsel for a district of the Department of Health and Rehabilitative Services to own an adult congregate living facility located in another district. The adult congregate living facility will not be doing business with or be regulated by the counsel's district, as the facility would be licensed by the Department's Office of Licensure and Certification and is not located in the counsel's district.

QUESTION:

Would a prohibited conflict of interest be created were you, the district counsel for a district of the Department of Health and Rehabilitative Services, to own an adult congregate living facility located in another district?

Your question is answered in the negative.

In your letter of inquiry and in a telephone conversation with our staff, you have advised that you are the District Legal Counsel for District 11 of the Department of Health and Rehabilitative Services. In addition, you advise that you are planning to open and own a small adult congregate living facility in a county which is located within another district of the Department. You will be applying for a license for the facility from the Department's Office of Licensure and Certification, which is completely separate and autonomous from the District. You will not be accepting any State monies toward the care of residents. Your duties relate only to the District for which you are legal counsel, you have no responsibilities with respect to the licensure of these types of facilities, and you do not supervise the attorney for the Office of Licensure and Certification who has these responsibilities.

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).]

The first part of this provision prohibits you from having any employment or contractual relationship with a business entity which is regulated by or doing business with your agency. Your "agency" for purposes of the Code of Ethics would be the District which employs you as legal counsel. See CEO 83-84 and CEO 81-2. It is apparent that the adult congregate living facility will not be doing business with or be regulated by your District.

The second part of this provision prohibits a public employee from having any employment or contractual relationship which would create a continuing or frequently recurring conflict of interest or would impede the full and faithful discharge of public duties. However, as the District which employs you would have no responsibilities regarding the adult congregate living facility, it is apparent that this prohibition also would not apply.

Accordingly, we find that no prohibited conflict of interest would be created were you to own an adult congregate living facility located in a District other than the one which employs you as Legal Counsel.