CEO 84-104 -- October 18, 1984

CONFLICT OF INTEREST

FORMER D.H.R.S. EMPLOYEE EMPLOYED BY PROVIDER CONTRACTING WITH DEPARTMENT

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

SUMMARY:

The Code of Ethics would not prohibit a superintendent of a training school for the rehabilitation of juvenile offenders operated by the D.H.R.S. from leaving the Department for employment with a provider which will be replacing the services provided by the school. The superintendent had no responsibility or involvement in the development of the program or the contract with the Department. CEO's 84-91, 84-79 and 83-8 are referenced.

QUESTION:

Would the Code of Ethics for Public Officers and Employees be violated were you, a superintendent of a training school for the rehabilitation of juvenile offenders operated by the Department of Health and Rehabilitative Services, to leave the Department for employment with a provider which will be replacing the services provided by the school?

Your question is answered in the negative.

In your letter of inquiry you advise that you are employed by the Department of Health and Rehabilitative Services as Superintendent of a training school for the rehabilitation of juvenile offenders. In that position you are responsible for administering and directing the overall operation of the school. You also advise that the school is mandated to be closed on or before December 31, 1984, and will be replaced by a service provider under a contract with the Department. The contract and the program description for the replacement of the school were negotiated and designed by the Department's Children, Youth, and Families Program Office in Tallahassee. As your position is responsible to the District Administrator of District III, you advise, you have had absolutely no responsibility or involvement in the development of the contract and program. You question whether you may be employed by the service provider after leaving your employment with the Department.

As you have had no responsibility or involvement in the development of the program and contract, we accordingly find that the Code of Ethics for Public Officers and Employees would not prohibit you from leaving your position with the Department for employment with the provider whose services will replace the school of which you are the superintendent. See CEO 84-91, CEO 84-79, and CEO 83-8.