Ethics commission declines to adopt draft opinion on school‑board member’s private medical‑training business, directs staff to redraft

The Ethics Commission on (date not specified) declined to adopt a staff draft advisory opinion about whether a newly elected school‑board member may continue to have her private medical‑training business operate in district schools and market services to district students.

The commission’s draft found that "there is nothing inherently unethical about a school board member running a private business," but warned that "a conflict would arise pursuant to the ethics code if [the board member] marketed her business to district students, or if district students ultimately signed up for or participated in any of her business's courses," and recommended that while the board member may continue to volunteer, she may not market to district students, hire district employees, or sponsor school teams if the sponsorship provides advertising consideration.

Why it matters The case tests the second part of Florida Statute 112.313(7)(a), which looks at whether an officer’s private employment or contractual relationships create a continuing or frequently recurring conflict with public duties. The commission’s guidance would affect not only this requester but other local public officials who operate businesses that serve children or district constituents.

Key facts and staff recommendation Commission counsel Stephanie Novanario, presenting the draft, told commissioners the second part of 112.313(7)(a) "prohibits a public officer from having a contractual relationship or employment that will create a continuing or frequently recurring conflict" and that precedent (several cited CEO opinions) has found conflicts where teachers or board members provide private services to students they oversee. Novanario said the draft recommends: (1) the requester may volunteer in district schools but must not market or enroll district students in her courses; (2) the requester may not hire district teachers for her private business (employee or contractor); and (3) a sponsorship that provides advertising (for example, placement of the business logo on team shirts) would amount to doing business with the district and would be prohibited under the statute’s first part.

Requester’s position The requester was represented by attorney Teresa Pontieri, who provided registration data from the business’s platform and argued the business’s client base is primarily adults (about 70% adult clients, she said), that only a minority of clients come from the requester’s district, and that the requester has delegated day‑to‑day instruction and has limited direct contact with most youth participants. Pontieri asked the commission to narrow its view and distinguish this case from prior opinions involving tutoring or curriculum‑linked programming.

Commission discussion and outcome Commissioners asked detailed factual questions about how often district students participate, whether courses appear on school transcripts, whether classes are held on school grounds or off‑site, and how recurring enrollment might be. Several commissioners voiced concern that the draft opinion ‘‘casts a wide net’’ and could have a "floodgate" or chilling effect on public service if applied broadly. Others said the statute leaves discretion but that facts matter.

After discussion the commission voted by voice to reject the opinion as drafted and directed staff to redraft the matter in light of facts provided at the meeting and the discussion. Commissioners asked staff to consider separating the draft into narrower, focused analyses (staff suggested producing A/B alternatives) to address distinct questions (volunteering/marketing; hiring district employees; sponsorship/logo/doing‑business analysis; Peachjar/email marketing). The motion to reject and direct staff to redraft passed by voice vote.

Next steps Staff will prepare revised draft opinions (the commission asked for narrower, fact‑specific options and for prior opinions cited in the draft to be included with materials) and return for further consideration at a future meeting.