CEO 83-78 -- October 27, 1983

CONFLICT OF INTEREST

BOARD OF DENTISTRY MEMBER SERVING ON COMMITTEE OF DENTAL ASSOCIATION

To: W. E. Gonzalez, Jr., D.M.D., Member, Florida Board of Dentistry

SUMMARY:

No prohibited conflict of interest would be created were a member of the Florida Board of Dentistry to serve on a committee of the Florida Dental Association which was established to prepare for the sunset review of the Board of Dentistry by the Legislature. In CEO 81-30, the Commission advised that a member of a State licensing board may serve on a committee of a professional association which would be subordinate to the board of directors of the association.

QUESTION:

Would a prohibited conflict of interest be created were you, a member of the Florida Board of Dentistry, to serve on a committee of the Florida Dental Association which was established to prepare for the sunset review of the Board of Dentistry by the Legislature?

Your question is answered in the negative.

In your letter of inquiry you advise that you are a member of the Florida Board of Dentistry. You question whether you may serve on a committee of the Florida Dental Association which was established to prepare for the sunset review by the Legislature of the Board of Dentistry and of Chapter 466, Florida Statutes. You advise that you would not receive any compensation for your service on the committee and that you would be representing your own viewpoint and not that of the Board while on the Committee. However, you advise that you anticipate being called upon to explain the position of the Board of Dentistry on certain issues which might arise.

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

PROFESSIONAL AND OCCUPATIONAL LICENSING BOARD MEMBERS. -- No officer, director, or administrator of a Florida state, county, or regional professional or occupational organization or association, while holding such position, shall be eligible to serve as a member of a state examining or licensing board for the profession or occupation. [Section 112.313(11), Florida Statutes, (1981).]

This provision would prohibit a member of the Board of Dentistry from serving as an officer, director, or administrator of the Florida Dental Association. However, as we have advised previously in CEO 81-30, this provision does not address membership on an association committee which would be subordinate to the board of directors of that association. In that opinion we advised that a member of the Florida Board of Real Estate could serve as a member of several committees of the Florida Association of Realtors and of a local board of realtors.

Accordingly, we find that no prohibited conflict of interest would be created if you were to serve on this committee of the Florida Dental Association while serving on the Florida Board of Dentistry.