CEO 86-85 -- December 11, 1986

CONFLICT OF INTEREST

D.H.R.S. CHILDREN, YOUTH, AND FAMILIES PROGRAM OFFICE EMPLOYEES PROVIDING SEMINAR FOR PRIVATE COMMUNITY MENTAL HEALTH AGENCY

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

SUMMARY:

No prohibited conflict of interest would be created were three employees of the Department of Health and Rehabilitative Services Children, Youth, and Families Program Office to conduct a seminar for a private, community mental health agency. The Children, Youth, and Families Program Office has no relationship with the mental health agency. Further, the seminar program was not prepared by the employees for the State as part of their responsibilities as State employees.

QUESTION:

Would a prohibited conflict of interest be created were three employees of the Department of Health and Rehabilitative Services Children, Youth, and Families Program Office to conduct a seminar for a private, community mental health agency?

Your question is answered in the negative, under the circumstances presented.

In your letter of inquiry you advise that ...., ....,and .... are employed by the Department of Health and Rehabilitative Services respectively as Program Administrator for Delinquency Services; Senior Human Services Program Specialist, Training Schools and Serious Offender Programs; and Program Supervisor, Detention Services. All three positions are part of the Department's Children, Youth, and Families Program Office. You also advise that the three of you have created and given as a seminar a program designed to raise self esteem, teach motivation, improve leadership and management abilities, and train participants in establishing and achieving personal and professional goals. You question whether you may take annual leave and conduct the seminar for compensation for a nonprofit community mental health corporation.

In a telephone conversation with our staff, you advised that there is no relationship between the Children, Youth, and Families Program Office and the community mental health agency. Although District II of the Department contracts with the agency under its alcohol, drug abuse, and mental health program, the Program Office within which you work has no responsibility for those matters. The Children, Youth, and Families Program Office is primarily responsible for services to delinquent children and to dependent children, and the mental health agency does not provide any of the types of services offered under that program. Further, you advised that the seminar's program was not prepared by you for the State, on State time, or as part of your official 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).]

DISCLOSURE OR USE OF CERTAIN INFORMATION. -- No public officer or employee of an agency shall disclose or use information not available to members of the general public and gained by reason of his official position for his personal gain or benefit or for the personal gain or benefit of any other person or business entity. [Section 112.313(8), Florida Statutes (1985).]

As the Children, Youth, and Families Program Office has no relationship with the nonprofit community mental health agency, based on the rationale of previous opinions CEO 84-24, CEO 84-20, and CEO 83-85, we find that the proposed seminar would not violate Section 112.313(7)(a). In addition, as the seminar was not developed for the State as part of your official responsibilities, we find that neither Section 112.313(7)(a) nor Section 112.313(8) would prohibit you from conducting the seminar. Compare CEO 80-21 and CEO 81-54.

Accordingly, we find that no prohibited conflict of interest would be created were you to conduct a seminar for the private, community mental health agency for compensation while on annual leave from your positions with the Children, Youth, and Families Program Office.