CEO 78-28 -- May 18, 1978

CONFLICT OF INTEREST

MAYOR/CITY COMMISSIONER SERVING AS VOLUNTEER FIREMAN FOR CITY

To: Robert F. McRoberts, Jr., City Attorney, Stuart

Prepared by: Phil Claypool

SUMMARY:

Reference is made to CEO 76-109 and CEO 76-187, in which it was found that a city commissioner who serves for compensation as a volunteer fireman within that city does so in violation of s. 112.313(7)(a), F. S., which prohibits a public officer from having employment or a contractual relationship with an agency subject to the regulation of his public agency, and in violation of s. 112.313(10), which prohibits a member of a municipality's governing board from being employed by that municipality. Accordingly, a prohibited conflict of interest exists where a city commissioner is a member of the volunteer firemen's association which assists his city's fire department.

QUESTION:

Does a prohibited conflict of interest exist where a city commissioner is a member of the volunteer firemen's association which assists the city's fire department?

Your question is answered in the affirmative.

In your letter of inquiry you advise that Mr. Ray Cooke, Mayor of the City of Stuart, was a member of the Stuart Volunteer Firemen's Association for approximately 25 years until his recent resignation. Also, he has been a city commissioner for approximately 15 years. You further advise that volunteer firemen are paid $5 per fire call, $2 of which goes into a fund for the purpose of purchasing special equipment for the city fire department. The fire department's budget is approved by the city commission, which also has the power to hire and fire the fire chief.

We have previously advised that a city commissioner who serves as a volunteer fireman within that city does so in violation of s. 112.313(7)(a), F. S. 1975, which prohibits a public officer from having employment or a contractual relationship with an agency (here, the fire department) which is subject to the regulation of his agency (here, the city commission), and in violation of s. 112.313(10) which prohibits a member of a municipality's governing board from being employed by that municipality. See CEO's 76-109 and 76-187, copies of which are enclosed.

Accordingly, as neither of the above-referenced provisions of the Code of Ethics has been amended since these advisory opinions were issued, we find that a prohibited conflict of interest exists where a city commissioner is a member of the volunteer firemen's association which assists his city's fire department.