CEO 79-59 -- October 17, 1979

CONFLICT OF INTEREST

COUNTY COMMISSIONER OR LEGISLATOR EMPLOYED AS PUBLIC COLLEGE ADMINISTRATOR OR PROFESSOR

To: Wayne J. Spivey, Clay County Commissioner, Orange Park

Prepared by: Phil Claypool

SUMMARY:

Section 112.313(7)(a), F. S., would prohibit a county commissioner from being employed by an agency which either is subject to the regulation of, or is doing business with, the county he serves. However, inasmuch as neither public universities nor community colleges are subject to the regulation of counties in this state, a county commissioner would be prohibited only from holding employment with a college or university which does business with his county. No prohibited conflict of interest would be created were an employee of a university or community college to be elected to the Legislature, based on the exemption for members of legislative bodies contained in s. 112.313(7)(a)2.

QUESTIONS:

1. Would a prohibited conflict of interest be created were I, a county commissioner, to be employed as a public college provost, administrator, or professor?

2. Would a prohibited conflict of interest be created were I to be elected as a member of the Legislature while being employed as a public college provost, administrator, or professor?

Question 1 is answered in the negative, subject to certain conditions expressed below.

In your letter of inquiry and in a telephone conversation with our staff you advise that you are a member of the Clay County Board of County Commissioners and that presently you are pursuing an advanced degree at a state university, with the eventual goal of being employed either as a teacher or an administrator at a public college in this state. In light of these goals, you question whether a conflict of interest would be presented by your continued service on the county commission.

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), F. S.]

This provision would prohibit a county commissioner from being employed by an agency which either is subject to the regulation of, or is doing business with, the county which he serves. Clearly, neither public universities nor community colleges in this state are subject to the regulation of a county. Such institutions are regulated by the Board of Regents and the State Community College Coordinating Board, respectively, as well as by the State Board of Education. Chapter 79-222, Laws of Florida. Without more specific information than has been provided, we are unable to say more than that, generally, you would be prohibited from being employed by a college or university which is doing business with the county, whether by grant or in another fashion.

Accordingly, so long as the public college or university which would employ you does not do business with the county, the Code of Ethics for Public Officers and Employees would not prohibit your employment as a provost, administrator, or professor.

Question 2 is answered in the negative.

Section 112.313(7)(a)2., F. S., provides as follows:

When the agency referred to is a legislative body and the regulatory power over the business entity resides in another agency, or when the regulatory power which the legislative body exercises over the business entity or agency is strictly through the enactment of laws or ordinances, then employment or a contractual relationship with such business entity by a public officer or employee of a legislative body shall not be prohibited by this subsection or be deemed a conflict.

As the regulatory authority exercised by the Legislature over public colleges and universities is strictly through the enactment of laws, we find that the Code of Ethics for Public Officers and Employees would not prohibit your serving as a member of the Legislature while being employed by a state university or community college as a provost, administrator, or professor.