To: Mrs. Carla J. Meeks, Sr. CYF Counselor, District 6, Department of Health and Rehabilitative Services (Bartow)
No prohibited conflict of interest is created under Section 112.313(7)(a), Florida Statutes, were an H.R.S. employee who inspects child care facilities also to be employed part-time by a school board to teach a 20-hour course required of all child care workers. There is nothing to indicate that H.R.S. does business with, or regulates, the school board. Further, while students taking the course may work in child care facilities the employee inspects in her position with the H.R.S. District, the specific circumstances presented do not reveal a situation in which the H.R.S. employee would be tempted to favor her teaching duties over her responsibilities as a CYF counselor. Nor does it appear that she would be imparting information not available to the general public in violation of Section 112.313(8), Florida Statutes. CEO 93-5 is referenced.
In your letter of inquiry and in subsequent correspondence with our staff, we are advised that you are employed as a Senior CYF Counselor with the Department of Health and Rehabilitative Services, District 6, in the Children, Youth and Families Program.
You question whether you may teach a 20-hour course to child care workers through the Polk County School District. This course, which all child care workers must complete within a certain period of time after becoming employed by a child care facility, consists of four modules covering State and local rules and regulations which govern child care; health, safety, and nutrition; identifying and reporting child abuse and neglect; and child growth and development.
The first portion of Section 112.313(7)(a), Florida Statutes, prohibits a public employee from having an employment or contractual relationship with a business entity or agency which either is doing business with or regulated by her agency.
In your situation, there is no indication that the School Board is doing business with your agency, District 6 of the Department of Health and Rehabilitative Services. Nor does it appear the Polk County School Board is regulated by District 6. Although you have indicated that the School Board contracts with child care providers for after-school programs in area schools, there, the provider, not the School Board, would be subject to H.R.S.'s regulation. Thus, it does not appear that a prohibited conflict of interest is created under the first portion of Section 112.313(7)(a), Florida Statutes, were you to teach the child care class to child care workers employed at facilities you inspect in your position with H.R.S.
Under the second portion of Section 112.313(7)(a), Florida Statutes, the issue to be determined is whether teaching this course would cause a continuing or frequently recurring conflict between your private interests and the performance of your public duties, or impede the full and faithful discharge of your public duties. You have indicated that, generally, students sign up for the child care course many months in advance and do not know who their instructor will be until the first class. Further, the School Board employs several different instructors, who rotate to different school sites. You also have indicated that you do not register students for the class and, in performing your H.R.S. inspections, you do not monitor who has or has not taken the required course. Finally, you indicate that you would be paid hourly by the School Board, regardless of the number of students actually attending your class.
Most recently, in CEO 93-5, we noted that Section 112.313(8), Florida Statutes, prohibits public employees from imparting information gained through their official position and not available to the general public. However, here, it does not appear that you would be providing information to your students obtained through your position with District 6 and not available to the general public.