CEO 74-13 -- October 14, 1974
To: Mike J. Beaudoin, Leon County School Board, Tallahassee
Prepared by: Gene L. "Hal" Johnson
SUMMARY:
As
required by s. 112.314(2), F. S., as amended by Ch. 74-177, Laws of Florida,
a public officer must file a statement explaining a voting conflict of interest
"when the matter being considered directly or indirectly inures to the
public officer's private gain . . . or creates a conflict between such officer's
private interest and his public duties."
While the intent of this provision is to require the public officer
to disclose any interest which hampers his objectivity, the provision is necessarily
limited in scope to matters beneficial to the officer personally or to an
interest in which he is personally involved or has a material interest.
By virtue of this limitation, Mr. Beaudoin, as a member of the Leon
County School Board, may pass on proposals submitted by his spouse in her
official capacity as Director of Food Services since there is neither personal
benefit nor interest to Mr. Beaudoin involved in these particular administrative
matters. However, disclosure would
be required if the matter before the board were beneficial to Mr. Beaudoin
or his material interests, such as passing on his spouse's salary or a contract
involving a business entity with which he is personally involved.
Although s. 112.314(2), F. S., does require disclosure of voting conflict,
the public officer is not required to abstain from voting in a conflict of
interest situation.
QUESTIONS:
1.
2.
Section
112.314(2), F. S., as amended by Ch. 74-177, supra, requires that a public
officer must file a statement explaining a voting conflict of interest "when
the matter being considered directly or indirectly inures to the public officer's
private gain . . . or creates a conflict between such officer's private interest
and his public duties. . . ." The
intent of this provision is to require that a public officer disclose any
interest which might dissuade him from objectively considering the proposal
before him.
A public officer, by the very nature of the position, acquires and nurtures many friendships and relationships with his constituency. If he were required to acknowledge and disclose every instance in which these relationships might affect his consideration of a proposal, every public officer would be faced with a never - ending task of disclosure.
In the situation as related in your letter, the school board of which you are a member is required to take affirmative action in regard to certain aspects of the financial and administrative responsibilities of the Director of Food Services, who is your spouse. Focusing on you as a member of the school board, there is neither the personal benefit nor interest involved in this set of facts to compel invoking the disclosure law.
Section 112.314(2), F. S., does not require the officer to abstain from voting even though a voting conflict does exist. The act specifically states that "[n]o public officer shall be prohibited from voting," but it does provide that "he may abstain from voting on the matter." We stress that the public officer should practice propriety and discretion when making the decision either to vote or to abstain from voting in a conflict of interest situation. Either way, the officer "shall file a statement explaining the conflict with the appropriate officials."