CEO 79-25 -- April 18, 1979

CONFLICT OF INTEREST

TOWN MAYOR SERVING AS VOLUNTEER FIREMAN FOR TOWN

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

Prepared by: Phil Claypool

SUMMARY:

Reference is made to CEO 78-28, in which it was advised that a city commissioner who receives compensation for serving as a volunteer fireman for the city does so in violation of s. 112.313(7)(a) or (10), F. S. In the instant case, when a town mayor is a member of an independent, nonprofit volunteer fire department which provides firefighting services through an agreement with the town, said mayor is not deemed to be employed by the town and therefore is not in violation of s. 112.313(10). He does, however, have an employment or contractual relationship with a business entity (the volunteer fire department) which is doing business with or is subject to the regulation of his agency (the town), in apparent violation of s. 112.313(7). As s. 112.313(12)(e) provides an exemption from the prohibition contained in s. 112.313(7) when the business entity is the sole source of supply within the political subdivision and full disclosure is made of the relationship, no prohibited conflict is deemed to be created by the mayor's serving as a volunteer fireman with the independent, nonprofit volunteer fire department, so long as the appropriate disclosure is made.

QUESTION:

Does a prohibited conflict of interest exist when a town mayor is a member of an independent, nonprofit volunteer fire department which provides firefighting services through an agreement with the town?

Your question is answered in the negative.

In your letter of inquiry you advise that the Town of Melbourne Beach contracts with the Melbourne Beach Volunteer Fire Department, Inc. for fire prevention control and services. Under that agreement, the town provides firefighting equipment and operating funds to the nonprofit corporation in return for firefighting services. The corporation is to follow and enforce the Melbourne Beach Fire Prevention Code and the rules of the fire control board, to submit an annual budget for town commission approval, and to provide trained personnel to carry out mutual aid agreements with adjacent communities regarding emergencies which are beyond the capabilities of the corporation to handle. In a telephone conversation with our staff, you advised that the volunteer firemen are not compensated for their firefighting services, although the town does pay them once for time spent in training as a firefighter. You also advise that this nonprofit corporation is the only source of regular firefighting services for the town, as the town government does not include a fire department. Finally, you advise that, unless this nonprofit organization provided its services to the town, the town would have to contract with the county or with a neighboring municipality to provide fire protection.

In a previous advisory opinion, CEO 78-28, we advised that a city commissioner who receives compensation for serving as a volunteer fireman for that city does so in violation of s. 112.313(7)(a) or (10), F. S.

Section 112.313(10) prohibits a member of a municipality's governing board from being employed by that municipality. However, in our view, the subject mayor is not employed by the town as a volunteer fireman. Although he may receive money from the town on a one-time basis for time spent training as a firefighter, he receives no compensation from the town for his actual firefighting services. Therefore, that section of the Code of Ethics does not prohibit his firefighting activities.

Section 112.313(7)(a) prohibits a public officer from having employment or a contractual relationship with a business entity (here, the volunteer fire department) which is doing business with or is subject to the regulation of his agency. Clearly, the volunteer fire department is both doing business with and subject to the regulation of the Town of Melbourne Beach by virtue of their agreement.

However, the Code of Ethics provides an exemption from s. 112.313(7) when:

The business entity involved is the only source of supply within the political subdivision of the officer or employee, and there is full disclosure of the officer's or employee's interest in the business entity to the governing body of the political subdivision. [Section 112.313(12)(e), F. S. 1977.]

As the town has no source of firefighting services other than the volunteer fire department, this exemption does apply in the case of the subject mayor, provided there is full disclosure of his relationship with the fire department to the town commission. A copy of CE form 4A, "Disclosure of Business Transaction, Relationship, or Interest," will be provided to the subject mayor for this purpose upon request.

Accordingly, we find that, so long as the appropriate disclosure is made, the Code of Ethics does not prohibit a town mayor from serving as a volunteer fireman with an independent, nonprofit volunteer fire department which provides firefighting services to the town.