CEO 81-8 -- January 22, 1981

VOTING CONFLICT OF INTEREST

COUNTY COMMISSIONER VOTING ON MATTER CONCERNING BUSINESS PARTNER

To: Robert L. Anderson, Member, Sarasota County Commission, Sarasota

SUMMARY:

Under Section 112.3143, F. S. (1979), a public officer who votes upon a measure in which he has a personal, private, or professional interest, and which inures to his special private gain or to the special gain of any principal by whom he is retained, is required to file a Memorandum of Voting Conflict (CE Form 4) disclosing his interest. In previous opinions, the Commission has advised that this provision does not require a public officer to file such memorandum when voting upon matters affecting a business partner's interests, where the partnership's interests and the officer's personal interests are not involved. See CEO's 79-33 and 77-58 (Question 2). By the same rationale, no conflict would be created were a county commissioner to vote on a matter which affects the interests of a business partner but which does not affect his, the county commissioner's, interests.

QUESTION:

Would a voting conflict of interest be created were you, a county commissioner, to vote on a matter which affects the interests of a business partner but which does not affect your interests?

Your question is answered in the negative.

In your letter of inquiry you advise that you are a member of the Sarasota County Board of Commissioners and that you are a member of a private real estate investment firm which consists of five individuals. You also advise that the group was formed to acquire property, to hold it until its value has appreciated, and then to sell it as it was zoned at the time of purchase. It is doubtful, you advise, that any members of the investment group would appear before the County Commission in order to obtain rezoning of property held by the group or in order to obtain any other special consideration concerning these properties.

However, you advise that you anticipate that members of the firm will appear before the Commission on matters concerning themselves individually or concerning their clients. For example, an attorney who is a member of the group may appear before the Commission representing a client who is seeking to rezone other property. Thus, if the Commission grants the rezoning, the attorney might be enriched indirectly. Therefore, you question whether a voting conflict of interest would be created were one of your partners to appear before the Commission regarding a matter unrelated to your private interests.

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

Voting conflicts. -- No public officer shall be prohibited from voting in his official capacity on any matter. However, any public officer voting in his official capacity upon any measure in which he has a personal, private, or professional interest and which inures to his special private gain or the special gain of any principal by whom he is retained shall, within 15 days after the vote occurs, disclose the nature of his interest as a public record in a memorandum filed with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the minutes. [Section 112.3143, F. S.]

Under this provision, a public officer who votes upon a measure in which he has a personal, private, or professional interest, and which inures to his special private gain or to the special gain of any principal by whom he is retained, is required to file a Memorandum of Voting Conflict (CE Form 4) disclosing his interest. In previous opinions, we have advised that this provision does not require a public officer to file a Memorandum of Voting Conflict when voting upon matters affecting a business partner's interests, where the partnership's interests and the officer's personal interests are not involved. See CEO's 79-33 and 77-58 (Question 2).

Accordingly, we find that a voting conflict of interest would not be created were you to vote on a matter which affects the interests of a business partner but which does not affect your interests.