CEO 79-41 -- July 19, 1979

CONFLICT OF INTEREST

COUNTY PLUMBING AND GAS INSPECTOR PERFORMING ELECTRICAL CONTRACTING

To: (Name withheld at the person's request.)

Prepared by: Phil Claypool

SUMMARY:

Section 112.313(7)(a), F. S. 1977, prohibits a public employee from having any employment or contractual relationship with a business entity which is subject to the regulation of his agency or which creates a continuing or frequently recurring conflict of interest or impedes the full and faithful discharge of public duties. The "agency" of a county plumbing and gas inspector is the building inspection division of that county's department of public services. See s. 112.312(2), F. S. When the subject plumbing and gas inspector wishes to engage privately in electrical contracting with mobile home owners and owners of mobile home parks, such work would not be performed for business entities which are subject to the regulation of the building inspection division. However, such electrical work would be inspected by workers within the building inspection division. Additionally, the subject plumbing and gas inspector possibly would be called upon to inspect and permit plumbing and gas connections in trailer parks with which he has continuing employment, as well as those connections belonging to mobile home owners with whom he has contracted or might contract to make electrical connections. Based on these circumstances, such employment would constitute a frequently recurring conflict of interest and would impede the full and faithful discharge of public duties, in violation of s. 112.313(7)(a).

QUESTION:

Would a prohibited conflict of interest be created were I, a county plumbing and gas inspector, to engage in electrical contracting within the county?

Your question is answered in the affirmative.

In your letter of inquiry and in a telephone conversation with our staff, you advise that you are a plumbing and gas inspector within the building inspection division of the Escambia County Department of Public Services. As plumbing and gas inspector, you are required to make inspections and write permits only regarding plumbing and gas; you are not involved in inspecting building construction and electrical installation. You further advise that you are qualified as an electrical contractor and that you wish to do electrical contracting work privately within the county. Such contracting, you advise, primarily would consist of making electrical hookups on mobile homes, either for an individual mobile home owner or as part of a contract with a mobile home park. Finally, you advise that your work would be inspected by the county building inspection division, as would the tie-downs and plumbing of mobile homes. In performing the work you contemplate, you would be working for yourself and not subcontracting with a general contractor.

The Code of Ethics for Public Officers and Employees provides in relevant part:

CONFLICTING EMPLOYMENT OR CONTRACTUAL RELATIONSHIP. -- No public officer or employee of an agency shall have or hold any employment or contractual relationship with any business entity or any agency which is subject to the regulation of, or is doing business with, an agency of which he is an officer or employee . . . nor shall an officer or employee of an agency have or hold any employment or contractual relationship that will create a continuing or frequently recurring conflict between his private interests and the performance of his public duties or that would impede the full and faithful discharge of his public duties. [Section 112.313(7)(a), F. S. 1977.]

This provision prohibits you from having any employment or contractual relationship with a business entity which is subject to the regulation of your agency. Your "agency" is the building inspection division of the Escambia County Department of Public Services. Section 112.312(2), F. S. 1977. However, it does not appear that the work which you contemplate performing would be done for a business entity which is subject to the regulation of your agency. An individual mobile home owner does not constitute a "business entity" as that term is defined in the Code of Ethics. See CEO's 77-88 and 76-3, question 2. Although a mobile home park is a "business entity," it does not appear that these parks are subject to the regulation of the building inspection division, as you have advised in a telephone conversation that once a mobile home park is established and its facilities are installed and inspected, the division would have no authority over it.

The second part of the above-quoted provision prohibits you from having any employment or contractual relationship that would create a continuing or frequently recurring conflict between your private interests and the performance of your public duties or that would impede the full and faithful discharge of your public duties. We are of the opinion that this prohibition would be violated were you to undertake the work about which you have inquired. In previous opinions we have advised that s. 112.313(7)(a), above, prohibits a city engineer or building inspector from privately engaging in construction work on the basis that no public officer or employee should be in a position to approve his own work or the work of his associates. See CEO's 78-87, 76-113, 76-42, and 76-2A. While it is clear that you would not be in a position of inspecting your own, private work, it still would be inspected by another member of your agency. In addition, we perceive the possibility you would be called upon to inspect and permit plumbing and gas connections in trailer parks with which you have a continuing employment as well as those connections belonging to mobile home owners with whom you had contracted or might contract to make electrical connections.

Accordingly, we find that a prohibited conflict of interest would be created were you to engage in electrical contracting of the type you contemplate within the county.