CEO 90-32 -- April 26, 1990

CONFLICT OF INTEREST

D.H.R.S. MENTAL HEALTH PROGRAM EMPLOYEE SEEKING

PART-TIME EMPLOYMENT WITH MENTAL HEALTH SERVICES PROVIDER

To: Stephen L. Poole, Senior Human Services Program Specialist, Department of Health and Rehabilitative Services (Tallahassee)

SUMMARY:

A prohibited conflict of interest would be created under Section 112.313(7)(a), Florida Statutes, were a Senior Human Services Program Specialist in the Alcohol, Drug Abuse and Mental Health Program Office of the Department of Health and Rehabilitative Services to become employed part-time as a counselor with an organization which has contracted with the Department to provide mental health services. The Program Specialist would be employed by a business entity which is subject to the regulation of his agency.

QUESTION:

Would a prohibited conflict of interest be created were you, a Senior Human Services Program Specialist in the Alcohol, Drug Abuse and Mental Health Program Office of the Department of Health and Rehabilitative Services, to become employed part-time as a counselor with an organization which has contracted with the Department to provide mental health services?

Your question is answered in the affirmative.

In your letter of inquiry you advise that you are employed with the Department of Health and Rehabilitative Services as a Senior Human Services Program Specialist in the Alcohol, Drug Abuse and Mental Health Program Office. Your duties and responsibilities in that position include implementing a state-wide supported housing initiative as conceptualized by the Alcohol, Drug Abuse and Mental Health Program Office; coordinating and participating in the development of operational plans, program and system models, policies, administrative rules, manuals, guidelines, and procedures related to implementation of the Baker Act and to acute care/community residential services; coordinating and participating in the development of monitoring and program evaluation techniques for determining rule compliance; coordinating and participating in the development of formal evaluation reports; coordinating and participating in administrative, fiscal, and contracting activities that are required of the Section; coordinating and participating in the evaluation of acute care and community residential service systems; providing technical assistance to district program offices and providers of services; and performing staff analysis of legislation pertaining to the Baker Act.

You wish to become employed part-time with a private, nonprofit organization which provides various human services, including services which would fall under the regulation of the Alcohol, Drug Abuse and Mental Health Program Office. This organization is a comprehensive mental health center which provides both out-patient and in-patient services as well as short-term residential services. The organization provides mental health and alcohol and substance abuse counseling. The organization also contracts with various districts of HRS, you advise, to provide these services. You wish to work evenings as a counselor for the organization, providing marital therapy and counseling for depression.

In regard to your question, Section 112.313(7)(a), Florida Statutes, 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.

This section prohibits you from having an employment relationship with any business entity which is subject to the regulation of your agency. The organization with which you desire to work clearly is subject to the regulation of the Alcohol, Drug Abuse and Mental Health Program Office, through administrative rules, policies, and programs for determining compliance. In fact, according to the description of your duties, you personally participate in the development of administrative rules and policies which directly control how the organization should function, and you participate in developing procedures for determining rule compliance. In addition, you personally provide technical assistance to providers of services. We therefore believe that you not only would have an employment relationship with an entity subject to the regulation of your agency, but, further, that the relationship could create a continuing conflict between your public duties and private interests.

Accordingly, we find that Section 112.13(7)(a), Florida Statutes, would be violated were you, an employee of the Alcohol, Drug Abuse, and Mental Health Program Office of the Department of Health and Rehabilitative Services, to become employed with an organization providing comprehensive mental health services.