Loading...
HomeMy WebLinkAbout2003 01 13 Informational C Employee Conflict of Interest 011303 Commission Meeting Infonnation C Employee Conflict of Interest 011303 Infonnational C Conflict of Interest COMMISSION AGENDA ITEM C Consent Informational X Public Hearing Regular January 13,2003 MeetIng Mgr. ~/ Dept. Authorization REQUEST: City Attorney providing the Mayor and Commission with an opInIOn regarding elected officials employed by one government agency while serving as an elected official for another government agency. PURPOSE: The purpose of this agenda item is to respond to the Commission's question regarding a conflict of interest when elected officials are employed by one government agency while elected to office by another government agency. CONSIDERATIONS: At the December 9,2002 Commission meeting a resident challenged one employee's right to hold an elected office in another City. Based upon my research I do not find this to be a conflict. FUNDING: None ATTACHMENTS: Attorney Anthony Garganese Opinion Letter of December 11, 2002. COMMISSION ACTION: BROWN, WARD, SALZ:MAN & WEISS, P.A. Attornrys at Law Usher L. Brown · Suzanne D'Agrestaa Anthony A. Garganesea Gary S. Salzmano John H. Ward · Jeffrey S. Weiss Offices in Orlando, Kissimmee, Cocoa & Viera Debra S. Babb Jeffrey P. Buak John U. Biedenharn, Jr. Joseph E. Blitch Jennifer A. Michael Todd K. Norman Michelle A. Reddin Vincent E. Scarlatos 'Board Certified Civil Trial Lawyer oBoard Certified Business Litigation Lawyer aBoard Certified City, County & Local Government Law Erin J. O'Leary Of Counsel December 11, 2002 Ronald McLemore City Manager City of Winter Springs 1126 East State Road 434 Winter Springs, FL 32708 Re: Employee Conflict of IntQrest City of Winter Springs I General File No. 1193 Dear Ron: I am writing to follow up regarding the comments that were made by a member of the public at the December 9, 2002 City Commission meeting. The comments centered around whether it was a conflict of interest for Chris Carson, a City of Winter Springs Parks and Recreation employee, to simultaneously serve on the City Council of the City of Debary. As we previously discussed, I am of the opinion that the fact that a city employee also serves on a city council of another city does not in and of itself create a conflict of interest under the Florida Code of Ethics for Public Officers and Employees. However, in reaction to the comments that were made at the December 9, 2002 meeting, I mentioned I would re-check several Commission on Ethics opinions and report my findings to the City Commission. On several occasions the Florida Commission on Ethics has issued formal written opinions regarding this issue. In all cases, the Commission on Ethics has opined that a prohibited conflict of interest does not exist, when a person is employed by one government agency while simultaneously serving as an elected official for another government agency. See, for example, Opinions of the Florida Commission on Ethics, Nos. 93-33; 94-28; 95-5; 96-14; 02-4. 225 East Robinson Street, Suite 660 . P.O. Box 2873 . Orlando, Florida 32802-2873 Orlando (407) 425-9566 Fax (407) 425-9596 . Kissimmee (321) 402-0144. Cocoa & Viera (866) 425-9566 Website: www.orlandolaw.net . Email: firm@orlandolaw.net Ronald McLemore, City Manager City of Winter Springs December 11, 2002 Page 2 Therefore, I am still of the opinion that Chris Carson can simultaneously serve as a City of Winter Springs employee and as a member of the Debary City Council without violating the Code of Ethics for Public Officers and Employees set forth in the Florida Statutes. ours, Anthony A. Garganese City Attorney AAG:jf cc: Chris Carson, Parks and Recreation Department Mayor and City Commission