Title: Opinion File 77-133 thru 77-134
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Permanent Link: http://ufdc.ufl.edu/WL00003507/00001
 Material Information
Title: Opinion File 77-133 thru 77-134
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Buddy Blain's Collections - Opinion File 77-133 thru 77-134
General Note: Box 14, Folder 5 ( Opinions 1976 - 1977 - 1976 - 1977 ), Item 59
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00003507
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text









March 8, 1977
Pnivae JIdetst




J84 T. Ahern, require
Stanl Attorney
sothneflt PloridS Water Msraeraet Distriet
reeofville, 7Ioarid 33512
els Distriot Purchasing from RFgister Chevrolet

Deer Jay:
BSelpt is aokagL ledged of copy of your maRsMa4m of
flreCWs 23, 1977 to Albert Cmear -es-*m h*Wfher
Wte irtfiLet can AOatase to npexhmaw gfae fgastr
ewton0tt *i0ao Mr. Max register bhd ben agotabesb to
h. AthLaemaoettee irAve BClas menw. I agr that
tr0 Distriet anomet pa wSba m fem epny a t'whih a
Basin or Governing aBeer -mber O -or -asPIY- m over
a S interest.
Yours very truly,


Myron 0. fibboau
M Isbl


I_







77-13


February 23, 1977

MEMORANDUM A

TO: ALBERT CARTER, PURCHASING F v
FROM: JAY T. AHERN, STAFF ATTORNEY
RE: District Purchasing from Register Chevrolet


You have asked for my opinion on whether the District can continue to
purchase from Register Chevrolet since Mr. Max Register has been appointed
to the Pithlachascotee River.Basin Board.
My opinion is that once Mr. Register qualifies and is sworn in as a Basin
Board member, the District should-not enter into any new contracts with
his company. The basis for my opinion-is that Section 112.313(7), F.S.
provides that no public officer shall hold contractural arrangement with--
an agency of which he is an officer. One must realize the Basin is a part
of the District and although Mr. Register may not vote directly on purchases
from his company, it could create a recurring conflict between his private
interest and public duty. The intent of the statute says that conduct that
is prohibited by or otherwise frustrates the intent of this section shall
be deemed a Conflict of Interest in violation of the standards of conduct
set forth by this section.
In addition, Administrative Directive 75-02 prohibits purchases from
employees. Under the intent of this directive, it could be clearly implied
that purchases from Board Members are also prohibited.

JTA:1d
cc: Myron G. Gibbons, Esquire
Pithlachascotte Basin Board




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