CEO 83-94 -- December 15, 1983

CONFLICT OF INTEREST

FORMER EMPLOYEE OF DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES CONTRACTING WITH DEPARTMENT AND COUNTY PUBLIC HEALTH UNITS TO PROVIDE DATA PROCESSING SERVICES THROUGH FAMILY CORPORATION

To: Mr. James A. Herrington, II, District Health Program Specialist, District VIII, Department of Health and Rehabilitative Services

SUMMARY:

No prohibited conflict of interest would be created were a District Health Programs Specialist with the Department of Health and Rehabilitative Services to leave his employment with the Department and contract with the State or the various county public health units to provide data processing services through a family corporation. Section 112.3185, Florida Statutes, prohibits former State employees only from having employment or contractual relationships with business entities in connection with contracts with which the employee was involved while employed with the State. Here, the employee would be leaving his agency before his corporation submits proposals to the Department and to county public health units.

QUESTION:

Would a prohibited conflict of interest be created were you, a District Health Program Specialist with the Department of Health and Rehabilitative Services, to leave your employment with the Department and contract with the State of Florida or the various county public health units to provide data processing services through a family corporation?

Your question is answered in the negative.

In your letter of inquiry and in a telephone conversation with our staff, you advised that you currently are employed by the Department of Health and Rehabilitative Services, District VIII, as a District Health Program Specialist. In this position, you are responsible for assisting in the planning, development, and administration of health programs within the District. Although your present duties do not involve data processing, you advise that prior to your employment with the State you were involved in various aspects of the data processing field.

At the present time, you are contemplating leaving your employment with the Department to enable your greater involvement in a family corporation which is in the business of developing data processing systems and programming for commercial enterprises. You question whether, after you leave your employment with the State, your corporation may contract with county public health units or with the State of Florida to provide data processing services.

The Code of Ethics for Public Officers and Employees provides in relevant part:

No agency employee shall, after retirement or termination, have or hold any employment or contractual relationship with any business entity other than an agency in connection with any contract in which the agency employee participated personally and substantially through decision, approval, disapproval, recommendation, rendering of advice, or investigation while an officer or employee. [Section 112.3185(3), Florida Statutes (Supp. 1982).]

No agency employee shall, within 2 years of retirement or termination, have or hold any employment or contractual relationship with any business entity other than an agency in connection with any contract for contractual services which was within his responsibility while an employee. [Section 112.3185(4), Florida Statutes (Supp. 1982).]

Because you would be leaving your agency before your corporation submits proposals to the Department and to the county public health units regarding data processing services, we find that neither of these provisions would apply. See CEO 82-67 and CEO 83-8.

Accordingly, we find that no prohibited conflict of interest would be created were your corporation to enter into contracts to provide data processing services to the State of Florida or to county public health units after you leave your current employment with the Department.