March 8, 1977
J84 T. Ahern, require
sothneflt PloridS Water Msraeraet Distriet
reeofville, 7Ioarid 33512
els Distriot Purchasing from RFgister Chevrolet
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
February 23, 1977
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.
cc: Myron G. Gibbons, Esquire
Pithlachascotte Basin Board