CEO 78-66 -- September 15, 1978

CONFLICT OF INTEREST

CITY PLANNING AND ZONING COMMISSION MEMBER OWNER OF SERVICE STATION WHICH SELLS GAS FOR AND MAKES REPAIRS ON CITY VEHICLES

To: Thomas N. Snell, Mayor, Fellsmere

Prepared by: Phil Claypool

SUMMARY:

Reference is made to CEO 76-134. The Code of Ethics does not prohibit a member of a municipal planning and zoning commission from owning a service station which sells gasoline to the city and repairs city vehicles. Although he is prohibited by s. 112.313(3), F. S. 1977, from acting in a private capacity to sell to his agency, that agency is the planning and zoning commission rather than the city commission. Seethe definition of "agency" contained in s. 112.312(2), F. S.

QUESTION:

Does a prohibited conflict of interest exist where a member of a city planning and zoning commission sells gasoline to the city and repairs city vehicles?

Your question is answered in the negative.

In your letter of inquiry you advise that Mr. Paul Cosner, the chairman of the planning and zoning commission of the City of Fellsmere, owns a service station which sells gasoline to the city and repairs city vehicles. You also advise that the planning and zoning commission does not have any decisionmaking powers, and any recommendations it may have must be brought before the city council for approval or rejection.

Based on the rationale to a previous advisory opinion, CEO 76-134, a copy of which is enclosed, we find that the Code of Ethics does not prohibit the subject member of the city planning and zoning commission from owning a service station which sells gasoline to the city and repairs city vehicles.