CEO 87-37 -- June 11, 1987

CONFLICT OF INTEREST

GAME AND FRESH WATER FISH COMMISSION EMPLOYEES

ACTING AS TAXIDERMISTS

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

SUMMARY:

A prohibited conflict of interest would be created under Section 112.313(7), Florida Statutes, were a law enforcement officer or a law enforcement wildlife inspector with the Game and Fresh Water Fish Commission to engage in outside employment in the field of taxidermy. Taxidermists are regulated by the Commission, and enforcement will be handled by Commission Law Enforcement Officers and Law Enforcement Wildlife Inspectors. As these persons will be involved directly in enforcing a rule of their agency against themselves and in enforcing wildlife laws and rules against their customers, private employment as a taxidermist would create a continuing or frequently recurring conflict of interest or impede the full and faithful discharge of their public duties. CEO's 81-67 and 85-1 are referenced.

QUESTION:

Would a prohibited conflict of interest be created were a law enforcement officer or a law enforcement wildlife inspector with the Game and Fresh Water Fish Commission to engage in outside employment in the field of taxidermy?

Your question is answered in the affirmative.

In your letter of inquiry you advise that recently the Game and Fresh Water Fish Commission approved an amendment to Rule 39-12.004, F.A.C., requiring that any specimen of wildlife or freshwater aquatic life possessed by persons engaged in taxidermy services shall be tagged to identify the owner and the date on which the specimen was taken. Prior to the adoption of this rule, the Commission did not regulate directly taxidermy services, and a number of sworn law enforcement employees sought and obtained approval to engage in outside employment in this field.

A violation of this rule is a second degree misdemeanor, as is a violation of any rule of the Commission. See Section 372.83, Florida Statutes. Law Enforcement Officers for the Commission are responsible for the enforcement of all State, federal, and local laws relating to the protection of the environment and ecology of the land and fresh waters of the State, as well as for providing an element of general police protection for citizens and land owners of rural areas where city police, deputy sheriffs, and troopers rarely visit. Law Enforcement Wildlife Inspectors are responsible for enforcing State and federal laws relating to the importation, exportation, exhibition, sale, possession, propagation, and exploitation of wildlife and freshwater aquatic life.

In a telephone conversation with our staff, the legal adviser for the Commission's Division of Law Enforcement advised that both Law Enforcement Wildlife Inspectors and Law Enforcement Officers would be involved in the enforcement of the Commission's rule on taxidermists by regularly checking on the taxidermists within the specific geographic areas to which they are assigned. He advised that the Inspectors basically would be responsible for enforcing the rule, but that Wildlife Officers would be encouraged to check taxidermists when their other duties permitted. Finally, he advised that prior to the adoption of the rule the Commission has called on taxidermists for the purpose of uncovering specimens which may have been taken out of season or which belong to endangered species.

The Code of Ethics for Public Officers and Employees 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 or employee from having any employment or contractual relationship with a business entity which is subject to the regulation of his agency, that would 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. We previously have advised that we do not consider law enforcement officers to be involved in regulatory activity within the contemplation of this provision when they engage in enforcing criminal laws. See CEO 81-67 and CEO 85-1.

However, we are of the opinion that were a Law Enforcement Officer or Law Enforcement Wildlife Inspector with the Commission to engage in business as a taxidermist, his private employment would create a continuing or frequently recurring conflict or impede the full and faithful discharge of his public duties. In CEO 81-67, we advised that city police officers would be prohibited from dealing in precious metals privately where State law required persons engaging in that business to keep particular records subject to inspection at all time by law enforcement officers. In CEO 85-1, we advised that outside employment by a wildlife officer involving security patrol and wildlife law enforcement for a private land owner, where the land to be patrolled was within the area to which he was assigned as an officer, would present a continuing or frequently recurring conflict of interest and would impede the full and faithful discharge of his public duties.

Here, Law Enforcement Officers and Law Enforcement Wildlife Inspectors will be involved directly in enforcing the Commission's rule on taxidermists within the geographic area to which they are assigned. This would require their being in a position to enforce a rule of their agency against themselves, placing them in a situation where regard for their private interests would tend to lead to disregard of their public duties. See the definition of "conflict of interest" contained in Section 112.312(6), Florida Statutes. We also note that these law enforcement agents would be authorized to enforce the wildlife laws and rules against their customers.

Accordingly, we find that a prohibited conflict of interest would be created were a Law Enforcement Officer or a Law Enforcement Wildlife Inspector with the Game and Fresh Water Fish Commission to engage in outside employment in the field of taxidermy.