CEO 91-41 -- July 19, 1991

CODE OF ETHICS

APPLICABILITY OF CODE OF ETHICS TO

BOARD MEMBERS OF PRIVATE INDUSTRY COUNCIL

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

SUMMARY:

The Code of Ethics for Public Officers and Employees does not apply to members of private industry councils which are private, nonprofit corporations. CEO's 85-88, 84-33, and 84-32, are referenced.

QUESTION:

Does the Code of Ethics for Public Officers and Employees apply to members of the Board of Directors of the Palm Beach County Private Industry Council, Inc?

Your question is answered in the negative.

In your letter of inquiry you advise that . . . . is a member of the Board of Directors for the Palm Beach County Private Industry Council, Inc., a private not-for-profit corporation organized under the Federal Job Training Partnership Act. She was appointed to that position by the Chairman of the Palm Beach County Board of County Commissioners, which serves as the local governmental unit in the service delivery area designated pursuant to the Act. You also advise that this individual owns with her husband a business providing personal crisis and financial counseling services. A potential conflict of interest arises because this individual has indicated her intent to submit a proposal in response to a Request for Proposals solicited by the Council, which is seeking services for clients under the Federal Economic and Dislocated Workers Assistance Act.

In previous advisory opinions we have found that the provisions of the Code of Ethics for Public Officers and Employees contained in Part III, Chapter 112, Florida Statutes, do not apply to board members of private, nonprofit corporations, because they are not public officers and employees. See CEO 85-88, and the opinions cited therein.

Moreover, we have advised that members of private industry councils which are private, nonprofit corporations, are not required to file the statements of financial disclosure required by Section 112.3145, Florida Statutes. See CEO 84-32 and CEO 84-33.

Accordingly, in construing our previous opinions we find that the Board member is not subject to the Code of Ethics for Public Officers and Employees and that the Code of Ethics does not govern any conflict of interest which may arise in this situation. You may wish to contact the Federal Department of Labor for their opinion concerning the applicability of federal regulations.