CEO 82-40 -- July 1, 1982

CONFLICT OF INTEREST

CITY COUNCIL MEMBER'S SON SUBMITTING PROPOSAL TO CITY HOUSING AUTHORITY

To: Ms. Ruby S. Swezy, City Council Member, City of Hialeah

SUMMARY:

No prohibited conflict of interest would be created were a city housing authority to include apartments owned by the son of a city council member in a moderate rehabilitation program. A city housing authority is a body corporate and politic separate and independent of the city. CEO 81-25 is referenced in this regard.

QUESTION:

Would a prohibited conflict of interest exist were a City Housing Authority to include apartments owned by your son in a moderate rehabilitation program where you serve as a member of the City Council?

Your question is answered in the negative.

In your letter of inquiry you advise that you serve as a member of the City Council of the City of Hialeah. You also advise that after your election, your son submitted a proposal to the City Housing Authority in response to an advertisement in the newspaper to include apartments owned by him in the Authority's moderate rehabilitation program. You also advise that the Authority is autonomous; as a City official you do not have a vote on its procedures, and the City Council does not have any decision-making powers in regard to any of the Authority's programs.

There is no provision in the Code of Ethics for Public Officers and Employees which would prohibit apartments owned by your son from inclusion in a program offered by the Housing Authority. In particular, we note that a city housing authority is a body corporate and politic separate and independent of the city. See CEO 81-25.

Accordingly, we find that no prohibited conflict of interest would be created were the Housing Authority to include apartments owned by your son in a moderate rehabilitation program while you serve as a member of the City Council.