CEO 81-84 -- December 18, 1981

CONFLICT OF INTEREST

TOWN PLANNING COMMISSION MEMBER PRIVATELY SERVING AS PRESIDENT OF CONSTRUCTION AND LAND DEVELOPMENT CORPORATION

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

SUMMARY:

No prohibited conflict of interest exists where a member of a town planning commission is president of a construction and land development company. Generally, a person whose private employment involves real estate sales, land development, or contracting is not prohibited from serving on a planning commission. In some instances, however, a prohibited conflict of interest may exist where a planning commission member owns large tracts of land, the value of which could be significantly affected by the planning commission, or where a planning commission member is employed by a large development corporation specifically to promote zoning changes in an effort to further the corporation's development. CEO's 75-217A and 75-199 are referenced in this regard. Here, the planning commission member's interests are not so substantial or so substantially affected by the work of the planning commission that a frequently recurring or continuing conflict of interest would be created.

QUESTION:

Does a prohibited conflict of interest exist where a member of a town planning commission is president of a construction and land development company?

Your question is answered in the negative.

In your letter of inquiry you advise that .... has been appointed by the Interlachen Town Council to serve on the Town Planning Commission. You also advise that he is president of a construction and land development company.

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), F. S.]

In previous opinions we have advised that a prohibited conflict of interest may exist under this provision where a planning commission member owns large tracts of land, the value of which could be significantly influenced by the actions of the planning commission. See CEO 75-217 and CEO 75-217A. In addition, we have found a prohibited conflict of interest where a planning commission member was employed by a large development corporation specifically to promote zoning changes in an effort to further the corporation's developments. See CEO 75-199.

As a general rule, we do not believe that every person whose private employment involves real estate sales, land development, or contracting should be prohibited from serving on a planning commission. Local communities should not be deprived of the opportunity either to appoint to their planning commissions persons with substantial knowledge and expertise in the area of land development or to appoint persons reflecting the entire spectrum of opinions regarding development. It is only in situations where the member's private interests are substantial and would be substantially affected by the commission's work, that he should not be permitted to serve on the planning commission.

Under the circumstances you have presented, it does not appear that the subject Planning Commissioner's interests are so substantial or so substantially affected by the work of the Planning Commission that a frequently recurring or continuing conflict of interest would be created. Nevertheless, the subject Commission member would be prohibited from representing any clients before the Planning Commission. See CEO 77-126 and CEO 78-86.

Accordingly, we find that no prohibited conflict of interest exists where the subject Planning Commission member is president of a construction and land development company. In some instances, the Commission member may be faced with a voting conflict of interest. See CEO 76-107, CEO 76-151, and CEO 78-96 for assistance in this regard.