CEO 84-8 -- January 26, 1984

CONFLICT OF INTEREST

SCHOOL BOARD MEMBER OWNER AND OFFICER OF CORPORATION DOING BUSINESS WITH ARCHITECTURAL FIRM CONSULTING WITH SCHOOL DISTRICT

To: Ms. Maria Elena Torano, Dade County

SUMMARY:

No prohibited conflict of interest would be created were an individual to be elected to serve on a county school board while being the owner and president of a corporation which is doing business with the consulting architectural firm for the school district. No provision of the Code of Ethics prohibits a public officer from being employed by or having a contractual relationship with a business entity which is doing business with another business entity, which in turn is doing business with the officer's public agency.

QUESTION:

Would a prohibited conflict of interest be created were you to be elected to serve on a county school board while being the owner and president of a corporation which is doing business with the architectural firm which serves as the consulting architect for the school district?

Your question is answered in the negative.

In your letter of inquiry you advise that you are the owner and president of a public relations and communications marketing firm which has contracted to provide public relations and media communications services to an architectural firm. That architectural firm has served as the consulting architect for all construction undertaken by the Dade County School System since 1962. You question whether this relationship would create a conflict of interest if you were to serve on the Dade County School Board.

The Code of Ethics for Public Officers and Employees 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. [Section 112.313(7)(a), Florida Statutes (1983).]

This provision prohibits a public officer from having any employment or contractual relationship with a business entity which is doing business with the officer's agency. However, we have advised that the provision would not prohibit a public officer from being employed by or having a contractual relationship with a business entity which is doing business with another business entity, which in turn is doing business with the officer's public agency. See CEO's 82-54, 81-58, 81-47, and 79-1. In addition, it appears that since your firm's relationship with the architectural firm and the architectural firm's relationship with the School District all would predate your service on the School Board, those relationships would be "grandfathered in" under the rationale of our opinions CEO's 82-10 and 80-88.

Accordingly, we find that no prohibited conflict of interest would be created by virtue of your public relations firm's relationship with the School District's consulting architectural firm, should you be elected to the County School Board.