CEO 84-22 -- March 8, 1984

CONFLICT OF INTEREST

FORMER EMPLOYEE OF D.H.R.S. CONTRACTING WITH DEPARTMENT TO PROVIDE PARENT EDUCATION TRAINING

To: Ms. Susan Adger, Social and Rehabilitative Services Counselor II, Department of Health and Rehabilitative Services, District V

SUMMARY:

No prohibited conflict of interest would be created were an employee of D.H.R.S. on a leave of absence to resign her employment with the Department and apply to contract with the Department to provide parent education training for clients whose children have been referred to the Department due to abuse or neglect. Section 112.3185(5), Florida Statutes, limits the amount of money the employee may receive from the Department during the first year after leaving employment.

QUESTION:

Would a prohibited conflict of interest be created were you, an employee of D.H.R.S. on leave of absence from your position as a Social and Rehabilitative Services Counselor II, to resign your employment with the Department and apply to contract with the Department to provide parent education training for clients whose children have been referred to the Department due to abuse or neglect?

Your question is answered in the negative, subject to the condition noted below.

In your letter of inquiry you advise that currently you are on a leave of absence from your position as a Social and Rehabilitative Services Counselor II in the Department of Health and Rehabilitative Services, District V, Children's Protective Services Office. While on leave you learned that the Department has available funds for parent education training for Department clients whose young children have been referred due to abuse or neglect. You advise that you are considering terminating your employment with the Department and applying for some of these funds on a contractual basis. If you contract with the Department, you would be making weekly visits to work individually with clients in their homes to teach the parents new methods of child management, parenting techniques, and appropriate developmental expectations.

We have reviewed the provisions of the Code of Ethics for Public Officers and Employees, and we conclude that there is no provision which would prohibit you from terminating your employment with the Department and subsequently contracting to provide the services you have described. However, the following provision provides a limitation on the amount of money you may receive under the circumstances:

The sum of money paid to a former agency employee during the first year after the cessation of his responsibilities, by the agency with whom he was employed, for contractual services provided to the agency by him, shall not exceed the annual salary received by him on the date of cessation of his responsibilities. The provisions of this subsection may be waived by the agency head for a particular contract if the agency head determines that such waiver will result in significant time or cost savings for the state. [Section 112.3185(5), Florida Statutes (1983).]

Accordingly, so long as the restrictions of this provision are observed, we find that no prohibited conflict of interest would be created were you to resign your employment with the Department and to contract to provide parent education training for clients of the Department.