CEO 82-75 -- September 20, 1982
CONFLICT OF INTEREST
EMPLOYEE OF CRIME LABORATORY BUREAU OF FLORIDA DEPARTMENT OF LAW ENFORCEMENT TEACHING COURSE FOR COMMUNITY COLLEGE
To: Mr. Frederick N. Johns, Interim Executive Director, Florida Department of Law Enforcement, Tallahassee
SUMMARY:
No prohibited conflict of interest would be created were an employee of the Crime Laboratory Bureau in the Division of Staff Services, Florida Department of Law Enforcement, to teach for a community college a course on handwriting certified by another Division of the Department. Nor would a prohibited conflict of interest be created were the employee to teach the course if the college were to withdraw the course from certification while allowing other courses to remain certified. The employee's agency, the Crime Laboratory Bureau, is a separate agency from the Criminal Justice Standards and Training Commission and the Division of Criminal Justice and Standards, which are authorized to certify courses for police training purposes. As the employee's expertise is based upon training received before working for the Crime Laboratory Bureau, and because he will not reveal any information which is confidential or not readily available to the general public, Section 112.313(8), Florida Statutes, would not be violated.
QUESTION 1:
Would a prohibited conflict of interest be created were an employee of the Crime Laboratory Bureau in the Division of Staff Services, Florida Department of Law Enforcement, to teach for a community college a course on handwriting certified by another Division of the Department?
This question is answered in the negative.
In your letter of inquiry you advise that Mr. Ron Dick, an employee of the Crime Laboratory Bureau, Division of Staff Services, of the Florida Department of Law Enforcement, wishes to teach a course in handwriting analysis at a community college for compensation. The course is one approved by the Criminal Justice Standards and Training Commission for police training purposes. The Commission, which is provided staff support by the Division of Criminal Justice Standards and Training, is responsible for setting minimum standards and certifications of training academies for training law enforcement and correctional employees. Within another Division, the Division of Staff Services, is the Crime Laboratory Bureau.
The subject employee presently is not, nor has he ever been, affiliated with the Division of Criminal Justice and Standards. Your staff further advised our staff by telephone that the subject employee will teach this course based on training he received before he came to work for the Crime Laboratory Bureau and without revealing any information which is confidential or not readily available to the general public.
Section 112.313(7)(a), Florida Statutes, prohibits an employee of a state agency from having a contractual relationship with a business entity or other state agency which is regulated by or doing business with the agency of which he is an employee. That provision also prohibits a public employee from having a contractual relationship that will create a continuing or frequently recurring conflict of interest or that would impede the full and faithful discharge of his public responsibilities.
Section 112.312(2), Florida Statutes, defines "agency," as it is used in the Code of Ethics for Public Officers and Employees, as
any state, regional, county, local, or municipal government entity of this state, whether executive, judicial, or legislative; any department, division, bureau, commission, authority, or political subdivision of this state therein; or any public school, community college, or state university. [Section 112.312(2), Florida Statutes (1981).]
In previous opinions we have said that the Legislature intended by this definition to define a state employee's agency as the lowest departmental unit within which his influence might reasonably be considered to extend. See, for example, CEO 77-83. The subject employee is a handwriting analyst with the Crime Laboratory Bureau, which is within the Division of Staff Services of the Department. It is our view that his agency for purposes of the Code of Ethics is the Crime Laboratory Bureau.
All Department duties involving the certification of courses are performed within the Division of Criminal Justice Standards and Training. The subject employee's agency is part of a totally separate division of the Department. In our view, the Crime Laboratory Bureau neither regulates nor does business with the community college. Furthermore, should the employee teach the course on his private time without revealing confidential information, we can anticipate no continuing or frequently recurring conflict or impediment to the performance of his public duties. Therefore, should the subject employee teach at the community college under these circumstances, there would be no violation of Section 112.313(7)(a).
Section 112.313(8), Florida Statutes, provides:
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.
Your staff has assured us that the subject employee would not impart any knowledge while teaching at the community college which is unavailable to members of the general public. So long as that remains the case, in our view there would be no violation of Section 112.313(8), Florida Statutes.
Accordingly, we find that no prohibited conflict of interest would be created were the subject employee to teach for a community college a course on handwriting analysis certified by the Division of Criminal Justice Standards and Training.
QUESTION 2:
Would a prohibited conflict of interest be created were the employee to teach a course in handwriting analysis for compensation at a community college if the college were to withdraw the course from certification while allowing other courses to remain certified?
This question is answered in the negative.
As we are of the view that there would be no conflict of interest should the subject employee teach the course if it were certified, there would be no prohibited conflict of interest should the course be withdrawn from certification.
Accordingly, we find that there would be no prohibited conflict of interest were the subject employee to teach the course if it is not certified.