HomeMy WebLinkAbout12-11-2002 Employee Conflict of Interest9598; Dec-11-02 4:08PM;
Page
BROWN, WARD, SALZMAN & WEISS, P.A.
Allom yJ al Lag,
Usher L. Brown'
Suzanne D'Agresta°
Anthony A. GarganeW
Gary S. Salzman*
John H. Ward
Jeffrey S W0iG6
'Board Certllled Civil Trial Lawyer
*Board Certllled Business Litigation Lawyer
°Board Certified city, County 8 Local Government Law
Ronald McLemore
City Manager
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708
offices in Orlando, Kissimmee,
Cocoa & Vicra Debra s. Babb
Jeffrey P. Buak
John U. Biedenham, Jr.
Joseph E. Blitch
Jennifer A. Michael
Todd K. Norman
Michelle A. Reddin
Vincent E. Scarlatos
Erin J. O'Leary
Of Counsel
December 11, 2002
Re: Employee Conflict of Interest
City of Winter Springs / 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 interestfor 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; 95-51 96-14; 02-4.
226 East Robinson Street Sulte 660 - P.Q. Box 2873.Orlando, Florida 32802-2873
Orlando (407) 425-9566 Fax (407) 425.9596 • Kissimmee (321) 402.0144 • Cocoa 8 Viera (888) 42.5-%66
Webshe: www.orlandolaw net - Email: firmeorlandolaw.net
9596; Dec-11-02 4:09PM; Page 3/3
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.
V ours,
__
Anthony A. Garganese
City Attorney
AAG:jf
cc; Chris Carson, Parks and Recreation Department
Mayor and City Commission