HomeMy WebLinkAbout1998 10 01 Advisory Legal Opinion - Dual Positions as City Commissioner and Board Member.pdfP.2 F~i:Jr1 A'1A::;r T-IE~::;<A 32' 5396693-88-2888 8; 12LAr 1
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Ch....lu h. Sbmp"lnr.
('~ ..;.
P.t.~ M. Dunbu
V;c. Clr"ir
LinJ" McKniCbl BOlt"""
Koth y G. Ching]'
Kennetll i. H~rl
D"YiJ. H, Kr..tkn.
!iow...rJ S. Mark
MaqAlico Ph,!.n
Pde. Prieto
Mr. Edward Martincl,Jr.
City Ccrnmissioner. Dimir:::t ~
Ciry ofWinter Sprinp
1126 Eo.~t S. R. 434
Wintn Springs. FL ~2708
P 1)1) 2lELi51i m j~
St..u of Florid,.
CO?-L'1JSSrON ON ETHICS
2822 Rrminltton Glr_1\ Cirt"II".S"it", 101
P.O. D.o-.,.. 15709
r ...lb.ho1.llllN, FL 32311·5709
October J, 1998
Bonnie]. WJlivru
E"cc:ut.il'~ D;r.cl~,
Philip C. Cl.l]pQol
G...,,,,!c,;""""..!
(850J 488·7864 Pho",..
278-18"4 S,>nCl)nl
(850J 488.3011(FAX)
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Re: Advisory Opimou Request
Dear >'1r. Martinez:
1have bern asked co respond to your inquiryccncesrnogyour dual positionsas City Commissioner
and as boar-d member for a homeowners associanc». To the extent that I can provide-yOIl wirh
guidance using previous opinions rendered by the-Commission, I will.
The applicable sie..ndard of conduct isSection 1l2.313(7)(a), Florida Statutes, which provides:
CO!'JFUCTING E~IPLOY\1E.'1T OR CONTRACTGAL
REUTIONSHIP,-:'-'0 public officer or-employee of an agency shall
have or hold an}' employment or contractual relationship wilh an)'
business entity 0: <lll)' agency which is subject to the H:guhuion of, Or
is doinj; business, wi:1; Oln ...gem:y of which he or she is an officer or
employee ...; nor shall an officer or employee of an agency have or
held ar.y employment or contractual relauonsaip that will create a
continuing or frequeuuy recurring conflict between his or her private
interests and the performance of his or her public duties, or that
would Impede the t~lli and faithful cil~charge of his or her public
duties. [Section 112 .313P )(3),florida S tatutes !1997).)
Section 1l2.313(7)(a.! pmhibir~ :It public officer from bavmg an employment 01' contractual
relationship with l'I bU~:1ess entity or agency which i~ d:Jlog business with or regulated hy his agellcy,
It 81'>0 prohibits the public officer from hl.v!ng an employment or contractual relationship which
creates a continuing or Frequently recurring cooflict between hi~ private Interests and the
performance of his pHbli~ duties, ur whil:h Impedes the full and faithful discbargc of public duties.
The situation you descnbe has been addressed in a number offormal ujJiuions. Consistently. the
Commission bas opined that 'Where the: public officer serves without compensation or benefits as a
P.O,'298'·'3215396590JlJrj-J8-2000 09: 05
f:-'. 3.FRDt \ AI1AP I, THEP I A 3.21 6395590-1218-2008 8, 05At 1
P 11113·IH'iIFRII 0940 FL CIJM~1 -ETHIC
Mr. Edw3rd Martinez.jr.
Ocmher 1, 1998
Page 2
director Or officer of a noopeofir corporaiico, he docs not have a "ccntracrual relacoosbip" with the
organization foe purposes of Sccrion 112.313(7){aj, Florida Statutes. Sec CEO 9'l.<:H.
Your inquIry also implicacn the voting conflicts Jaw found in Section 112.3143(3), Florida Statutes,
which prohibits locai public officers frcm voting on matters which inure 1(1 their special private gain
Of loss or to the:special private gain or loss of a principal by whom th~y arc retained In CEO 79·66.
rae Commission opined that a board of adjustment member did not have a voting conflict when
voting on a matter Of)POS~ by 11 homeowners association ofwhich h~ was president, since he served
without compensation. The eJemenr ofcompensation is critical to the determination of whether tht
public officeris "retained" by the principal
A("(""(]rdingly, based ~lpCln [he rationale cf the cited opinions, tr.e Code of Ethics [or Public Officers
and F.mp!oycl"S wOukl not appear to be violated where you serve as a member of the winter Springs
City COI":".mi~~ion and abo a; an uncompensated board member [or your bcmeowaers sssociaricu.
I arn hop-Jut rh~.l th;sguidance is In:lpfui to you, Ifcur office: cun be of'funler assistance, pJt'<'ISC do
not hesitate LO ccctace _l~.
Sincerely,
)
Enclosures: CEO 79~f)6 and CEO 92 31
p.O"338;,;