CEO 91-15 -- March 7, 1991

CONFLICT OF INTEREST

COUNTY COMMISSIONER SERVING AS LAW STUDENT INTERN

IN STATE ATTORNEY'S OFFICE

To: Jack Krieger, Commissioner, St. Lucie County Board of County Commissioners (Fort Pierce)

SUMMARY:

No prohibited conflict of interest would be created under Section 112.313(7)(a), Florida Statutes, were a county commissioner to serve as a law student intern in the State Attorney's Office. Although the State Attorney's Office receives funding from the Board of County Commissioners, the funding does not constitute "doing business" for purposes of Section 112.313(7)(a), Florida Statutes. Nor would the internship create a continuing or frequently recurring conflict between the his private interests and the performance of his public duties, or impede the full and faithful discharge of his public duties.

QUESTION:

Would a prohibited conflict of interest be created were you, a County Commissioner, to serve as a temporary, unpaid law student intern in the State Attorney's Office, assisting in the prosecution of criminal matters?

Your question is answered in the negative.

In your letter of inquiry, you indicate that you serve as a County Commissioner for District 3 in St. Lucie County and that you also attend law school at Nova University, where you are in your second year. You indicate that you are eligible to participate in the law school's clinical legal education program and receive credits towards your degree by serving for a semester as an unpaid student intern with the State Attorney's Office for the Nineteenth Judicial Circuit, which includes St. Lucie County. Internships such as the one you propose are permitted by Rule 11-1.2(b) of the Florida Bar Rules. Although the Bar's rules contemplate thecompensation of law student interns, you state that you do not intend to ask for or receive any compensation or remuneration for your services.

Further, you relate that the relationship between counties and state attorneys is governed by Section 27.34, Florida Statutes. Pursuant to Subsection 27.34(1), Florida Statutes, counties and municipalities may contract with state attorneys to pay the salary of one assistant state attorney whose sole function is to prosecute county or municipal ordinances, but you indicate that the Board of County Commissioners of St. Lucie County has no such contract with the State Attorney's Office for the Nineteenth Judicial Circuit. Subsection 27.34(2), Florida Statutes, authorizes counties to provide state attorneys with office space and other support services as are necessary for the proper and efficient functioning of the office, as well as pay other expenses specifically listed in this subsection. You indicate that in your tenure as County Commissioner, the State Attorney's budget requests have been routinely approved and incorporated into the overall budget without discussion. Issues concerning requests for reimbursement of other expenses authorized by Subsection 27.34(2), Florida Statutes, are handled by the County Finance Director and County Attorney with no involvement by the Board of County Commissioners.

The applicable section of the Code of Ethics for Public Officers and Employees is Section 112.313(7)(a), Florida Statutes, which 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.

In CEO 78-63, we construed this provision to find no prohibited conflict were a city commissioner to be employed full-time as an assistant public defender. There, the public defender's office was not subject to the regulation of the city, and it received no funding from the city. It was also determined that the city commissioner had no continuing or frequently recurring conflict between his interests as an assistant public defender and his public duties as a member of the city commission.

Your situation differs from that of CEO 78-63 in that you will not be employed full-time as was the city commissioner in CEO 78-63, but instead, you will serve as an intern for one semester. Also, in your situation the State Attorney's Office does receive funding from the County. However, it is our opinion that this type of relationship does not constitute "doing business" for purposes of Section 112.313(7)(a), Florida Statutes, and the following opinions support this interpretation. See CEO 76-2, Question 9, as well as CEO 80-5, CEO 81-5, CEO 83-5, and CEO 86-28.

It also does not appear that the contemplated internship would create a continuing or frequently recurring conflict between your duties as a law student intern and the performance of your public duties as a County Commissioner, as the internship is temporary, and you will not be compensated except by receiving credit towards your law degree. Nor does it appear that the internship would impede the full and faithful discharge of your public duties, so long as the internship would not impede your ability to attend meetings and otherwise perform the functions of your office.

Accordingly, we find that no prohibited conflict of interest would be created under Section 112.313(7)(a), Florida Statutes, were you to serve as an unpaid law student intern in the State Attorney's Office for one semester, while at the same time serving as a member of the St. Lucie County Board of County Commissioners.