CEO 76-126 -- July 26, 1976

CONFLICT OF INTEREST

SCHOOL SYSTEM EMPLOYEE'S WIFE EMPLOYED BY AN INSURANCE COMPANY DOING BUSINESS WITH THE SCHOOL SYSTEM

To: T. D. Talmage, Assistant Superintendent for Finance, Lake County School System, Tavares

Prepared by: Gene Rhodes

SUMMARY:

The Code of Ethics for Public Officers and Employees prohibits a public officer or employee from being employed by a business entity with which his public agency does business [Fla. Stat. s. 112.313(7)(1975)] and prohibits a public officer or employee or his spouse from owning a material interest in a business entity selling to his public agency [Fla. Stat. s. 112.313(3)(1975)]. The code, however, does not prohibit a public officer's spouse from being employed by a business entity doing business with that public officer's agency. Accordingly, no conflict of interest exists where the wife of a school system employee is employed by an insurance company that is doing business with the school board.

QUESTION:

Does a prohibited conflict of interest exist where the wife of a school system employee is employed by an insurance company that is doing business with the school board?

This question is answered in the negative.

Your letter of inquiry advises us that your wife is a licensed agent with an insurance company that provides county school employees with group hospitalization insurance. This contract was written in 1971, before you were married and at which time your wife was employed by the school board. When you were married in 1975, your wife resigned her position with the school board and began working for the subject insurance company. In her new capacity she handles the same claims which she handled as an employee of the school board. Neither you nor your wife own a material interest in either the agency which wrote the contract or the company through which the coverage is carried.

The Code of Ethics for Public Officers and Employees prohibits a public officer or employee from being employed by a business entity with which his public agency is doing business, Fla. Stat. s. 112.313(7)(1975), and prohibits a public officer or employee or his spouse from owning a material interest in a business entity selling to his public agency. Fla. Stat. s. 112.313(3)(1975). The code, however, does not prohibit a public officer's spouse from being employed by a business entity doing business with that public officer's agency.

Consequently, the situation you describe is not prohibited by the Code of Ethics.