CEO 86-45 -- June 19, 1986

CONFLICT OF INTEREST

AUXILIARY DEPUTY SHERIFF OWNING ELECTRONICS BUSINESS SELLING GOODS AND SERVICES TO SHERIFF'S DEPARTMENT

To: The Honorable Don R. Moreland, Sheriff, Marion County

SUMMARY:

No prohibited conflict of interest would be created were an auxiliary deputy who serves as a member of the sheriff's department's emergency search and rescue squad to be the owner of an electronics business which sells goods and services to the department. Where the auxiliary deputy serves without compensation or other employment benefits, is not covered by workers' compensation while on duty, and does not have the power to arrest, he is neither a public officer nor a public employee and is not governed by the Code of Ethics.

QUESTION:

Would a prohibited conflict of interest be created were an auxiliary deputy who serves as a member of the sheriff's department's emergency search and rescue squad to be the owner of an electronics business which sells goods and services to the department?

Your question is answered in the negative.

Through your letter of inquiry and telephone conversations with our staff, we have been advised that Mr. Coley Scott is an owner of an electronics business which sells goods and services to the Marion County Sheriff's Department. You question whether he may be appointed as an auxiliary deputy to serve as a member of the Department's emergency search and rescue squad.

The emergency search and rescue squad is composed of civilian volunteers and auxiliary deputies who, when called upon by the Sheriff in emergency situations, perform services associated with search and rescue operations at no cost to the Sheriff. Neither the citizen volunteers nor the auxiliary deputies have arrest powers or are covered by workers' compensation while performing services for the Sheriff, and neither have any responsibilities for purchases made by the Department. Some of the business transacted between the electronics company and the Department is handled by purchase orders issued by the radio maintenance supervisor and by the purchasing director; major purchases are awarded under a system of sealed, competitive bidding.

Section 112.313(3), Florida Statutes, prohibits a public officer or employee from acting in a private capacity to sell any goods or services to his agency. In addition, Section 112.313(7), Florida Statutes, prohibits a public officer or employee from having any employment with a business entity which is doing business with his agency. However, under the circumstances presented, we find that neither the auxiliary deputy nor the citizen volunteer members of the emergency search and rescue squad are public officers or employees.

In CEO 80-90 and CEO 81-21 we advised that individuals providing services to a public agency without compensation and without employee benefits are not public employees. In CEO 83-80 we indicated that we might consider a certified reserve deputy who was covered by workers' compensation while on duty to be an employee of the sheriff's department, even though his service was as a nonpaid volunteer. Here, however, we have been advised that neither citizen volunteers nor auxiliary deputies are covered by workers' compensation or are paid for their services. Therefore, we conclude that the auxiliary deputies and volunteers are not public employees.

In AGO 077-63, the Attorney General advised that since a police officer is a "public officer" particularly because of the power to arrest, a certified reserve police officer with the power to arrest would be a "public officer" for purposes of the dual office-holding prohibition of Article II, Section 5(a), Florida Constitution. Here, however, because auxiliary deputies have no arrest powers, we doubt that they should be considered to be "public officers."

Accordingly, we find that no prohibited conflict of interest would be created were an auxiliary deputy who serves as a member of the Sheriff's Department's emergency search and rescue squad to be the owner of an electronics business which sells goods and services to the Department.