CEO 86-84 -- December 11,1986

CONFLICT OF INTEREST

COUNTY CHARTER REVIEW BOARD MEMBER SELLING PROFESSIONAL SERVICES TO COUNTY

To: Mr. Gary A. Brandt, Member-Elect, Sarasota County Charter Review Board

SUMMARY:

No prohibited conflict of interest exists where a member of a county charter review board sells professional services to the county. Section 112.313(3), Florida Statutes, prohibits a public officer from acting in a private capacity to sell services to the political subdivision in which he serves or to any agency of that political subdivision. However, this provision would not apply where the charter review board has no authority to discuss, review, or approve the award of any professional services contract for the county. Section 112.313(7)(a), Florida Statutes, prohibits a public officer from having an employment or contractual relationship with a business entity which is doing business with his agency. No violation of this provision exists as long as the charter review board member and his corporation do not contract to provide services to the county charter review board.

QUESTION:

Would a prohibited conflict of interest be created were you, a member of the Sarasota County Charter Review Board, or your corporation, to enter into contracts for professional services with Sarasota County?

Your question is answered in the negative.

In your letter of inquiry you advise that you are an unopposed candidate for a seat on the Sarasota County Charter Review Board. The Charter Review Board holds meetings in the ninety-day period prior to a general election during presidential election years. Members of the Board are unpaid and can only approve referenda for submission to the electorate.

You further advise that you are the sole shareholder, chairman of the board of directors, president, and only full-time employee of a corporation which provides research, administrative, and management consulting services. You question whether a prohibited conflict of interest would be created were you, or your corporation, to enter into contracts for professional services with Sarasota County. You state that the contracts either would be negotiated with County staff or secured through a system of sealed, competitive bidding.

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

DOING BUSINESS WITH ONE'S AGENCY. -- No employee of an agency acting in his official capacity as a purchasing agent, or public officer acting in his official capacity, shall either directly or indirectly purchase, rent, or lease any realty, goods, or services for his own agency from any business entity of which he or his spouse or child is an officer, partner, director, or proprietor or in which such officer or employee or his spouse or child, or any combination of them, has a material interest. Nor shall a public officer or employee, acting in a private capacity, rent, lease, or sell any realty, goods, or services to his own agency, if he is a state officer or employee, or to any political subdivision or any agency thereof, if he is serving as an officer or employee of that political subdivision. The foregoing shall not apply to district offices maintained by legislators when such offices are located in the legislator's place of business. This subsection shall not affect or be construed to prohibit contracts entered into prior to:

(a) October 1, 1975.

(b) Qualification for elective office.

(d) Beginning public employment.

[Section 112.313(3), Florida Statutes (1985).]

This provision prohibits a public officer from acting in a private capacity to sell services to the political subdivision in which he serves or to any agency of that political subdivision. In previous opinions we have advised that this provision would not prohibit a member of a subordinate board of a political subdivision from selling services to the political subdivision and to agencies of that political subdivision other than the agency of which he is a member, as long as the subordinate board is not responsible in any manner for the approval of or the giving of advice or recommendations as to the purchase of services. As the Charter Review Board has no authority to discuss, review, or approve the award of professional services contracts for Sarasota County, we find that the rationale of these opinions equally applies in this case. See, CEO 85-55, CEO 81-66, CEO 81-29, CEO 80-33, CEO 78-66, and CEO 76-134.

The Code of Ethics also provides:

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 (1985).]

This provision prohibits a public officer from having any employment or contractual relationship with a business entity which is doing business with his agency. No violation would exist as long as you and your corporation do not contract to provide services to the Charter Review Board.

Accordingly, we find that no prohibited conflict of interest would be created were you or your corporation to contract to sell professional services to the County, where the Charter Review Board on which you will serve has no authority to discuss, review, or approve the award of professional services contracts for the County.