CEO 81-17 -- February 26, 1981

CONFLICT OF INTEREST

SPOUSE OF CITY COUNCIL MEMBER EMPLOYED BY LAW FIRM REPRESENTING CITY

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

SUMMARY:

Section 112.313(3), F. S., prohibits a public officer from acting in an official capacity to purchase services for his governmental agency from a business entity of which his spouse is an officer, partner, director, or owner of more than a 5 percent interest. However, the provision does not encompass situations in which one's spouse is merely an employee of the business entity. Therefore, no prohibited conflict of interest would be created were one to serve as a member of a city council while his wife is employed by a law firm which is representing the city in a lawsuit.

QUESTION:

Would a prohibited conflict of interest be created were you to serve as a member of a city council while your wife is employed by a law firm which is representing the city in a lawsuit?

Your question is answered in the negative.

In your letter of inquiry you advise that you are a candidate for election to the City Council of the City of Boca Raton. You also advise that your wife is an attorney who is not a partner, but is an associate of a law firm which is representing the City in one lawsuit. That representation began prior to your qualifying as a candidate, you advise.

The Code of Ethics for Public Officers and Employees provides:

DOING BUSINESS WITH ONE'S AGENCY. -- No employee of an agency acting in his official capacity as a purchasing agent, or public officer acting in his official capacity, shall either directly or indirectly purchase, rent, or lease any realty, goods, or services for his own agency from any business entity of which he or his spouse or child is an officer, partner, director, or proprietor or in which such officer or employee or his spouse or child, or any combination of them, has a material interest. Nor shall a public officer or employee, acting in a private capacity, rent, lease, or sell any realty, goods, or services to his own agency, if he is a state officer or employee, or to any political subdivision or any agency thereof, if he is serving as an officer or employee of that political subdivision. The foregoing shall not apply to district offices maintained by legislators when such offices are located in the legislator's place of business. This subsection shall not affect or be construed to prohibit contracts entered into prior to:

(a) October 1, 1975.

(b) Qualification for elective office.

(c) Appointment to public office.

(d) Beginning public employment.

[Section 112.313(3), F. S.]

This provision prohibits a public officer from acting in an official capacity to purchase services for his governmental agency from a business entity of which his spouse is an officer, partner, director, or in which his spouse owns more than a five percent interest. The provision does not encompass situations in which one's spouse is merely an employee of the business entity. As you have advised that your wife is an associate of the law firm which is providing its services to the City, she is merely an employee of the firm; she does not hold an ownership interest in the firm such as a partner of the firm would hold. Therefore, this prohibition would not apply to the situation you have referenced.

There is no other provision in the Code of Ethics which would prohibit a conflict of interest arising out of a spouse's employment. Accordingly, we find that no prohibited conflict of interest would be created were you to serve on the Boca Raton City Council while your wife is employed by a law firm which is representing the City in a lawsuit.