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