CEO 82-42 -- July 1, 1982

CONFLICT OF INTEREST

CITY POLICE OFFICER PROVIDING GYMNASTICS INSTRUCTION AND SERVICES FOR CITY

To: Mr. Daniel B. Schuh, Attorney, St. Petersburg

SUMMARY:

No prohibited conflict of interest would be created were a gymnastics business owned and operated by a city police officer to provide gymnastics instruction and services to the public pursuant to an agreement with the city parks and recreation department. Since the police officer's involvement would be with the parks and recreation department rather than with the police department, the rationale of previous opinion CEO 76-10 would apply to this situation.

QUESTION:

Would a prohibited conflict of interest be created were a gymnastics business owned and operated by a City Police Officer to provide gymnastics instruction and services pursuant to an agreement with the City Parks and Recreation Department?

Your question is answered in the negative.

In your letter of inquiry you advise that Mr. Robert C. Goodrich is employed as a Police Officer for the City of St. Petersburg and in his spare time operates a gymnastics business with his wife. The business offers gymnastics instruction, scholarships, and equipment rental, together with programs of gymnastics training for competition.

You also advise that because of budgetary restrictions the City of St. Petersburg has dropped from its recreation budget gymnastics programs offered in various City youth centers. The subject Police Officer's business has proposed to the City to carry on the City's gymnastics program by offering instruction privately for a small fee to the user. The proposal to the City would entail only the use of the City premises and utilities at various youth centers and would not entail direct payment from the City to the subject Police Officer's business. Finally, you advise that the subject Police Officer is employed by the City Police Department, which is totally unrelated to the City Parks and Recreation Department with which he would be dealing.

In a previous opinion, CEO 76-10, we found that the Code of Ethics for Public Officers and Employees would not prohibit a city police officer from selling goods to city agencies and departments other than the police department. We are of the view that the rationale of this opinion would apply equally to the situation you have described, since the subject Police Officer's involvement would be with the Parks and Recreation Department rather than with the Police Department.

Accordingly, we find that no prohibited conflict of interest would be created were the subject Police Officer's gymnastics business to provide gymnastics instruction and services pursuant to an agreement with the City Parks and Recreation Department.