CEO 84-56 -- June 27, 1984

CONFLICT OF INTEREST

D.H.R.S. EMPLOYEE ENGAGING IN BUSINESS PROVIDING SERVICES TO ELDERLY

To: Mr. Leonard J. Gutoski, Jr., Human Services Counselor, District VIII, Department of Health and Rehabilitative Services

SUMMARY:

No prohibited conflict of interest would be created were a human services counselor with the Aging and Adult Services Program of a D.H.R.S. District to engage in a business providing services to elderly and disabled persons, so long as the business does not provide services for persons eligible for the services of the Department and so long as the business does not accept referrals from Department employees. Under these restrictions, the employee's business would not create a continuing or frequently recurring conflict of interest or impede the discharge of his public duties in violation of Section 112.313(7), Florida Statutes.

QUESTION:

Would a prohibited conflict of interest be created were you, a Human Services Counselor with the Aging and Adult Services Program of a Department of Health and Rehabilitative Services District, to engage in a business providing services for the elderly?

Your question is answered in the negative, subject to the restrictions noted below.

In your letter of inquiry you advise that you are employed as a Human Services Counselor in the Aging and Adult Services Program of District VIII, Department of Health and Rehabilitative Services. In that position, you are involved in placing clients, investigating cases of abuse and neglect, and providing support services to clients. You also advise that you and your wife have begun a business to provide such services to elderly and disabled persons as appointment keeping and transportation, shopping assistance, checkbook balancing and record keeping, insurance claim assistance, lawn care and chore services. You anticipate obtaining clients by word of mouth and through contacting professionals involved with the elderly and the disabled.

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 (1983).]

You have advised that your business would not be licensed or regulated by D.H.R.S. In addition, it is apparent that you do not contemplate doing business with the Department. Therefore, our primary concern is whether your private employment would create a continuing or frequently recurring conflict of interest or would impede the full and faithful discharge of your public duties.

We assume that all of your business activities would take place on off-duty time, such as evenings, weekends, and while on leave. You have advised that your business would not accept clients who meet current D.H.R.S. eligibility criteria. You also have advised that you will not accept referrals from Department employees.

In our view, these restrictions would prevent your outside employment from becoming a frequently recurring conflict of interest or impeding the discharge of your duties as a Department employee. We would suggest working with your supervisor to notify Department employees who are in a position to receive inquiries concerning services of the type provided by your business that you are involved in this particular business and that referrals should be made to other businesses in order to prevent the appearance that you have used your position for your private benefit.

Accordingly, we find that no prohibited conflict of interest would be created were you to engage in a business providing services to elderly and disabled persons while remaining employed by D.H.R.S. as a Human Services Counselor, so long as your business does not provide services for persons eligible for the services of the Department and so long as you do not accept referrals from Department employees.