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Ethics board approves advisory opinion allowing procurement employee to serve on nonprofit board with safeguards
Summary
The board approved advisory opinion 2026‑02 finding that a procurement employee may serve unpaid on a local nonprofit board provided the employee avoids involvement in related grant specifications or decisions, follows disclosure rules and consults the board if circumstances change; the opinion cited sections 2‑8, 2‑15 and 2‑17 of the local code.
The Tallahassee Independent Ethics Board on June 16 approved Advisory Opinion 2026‑02, concluding that a city procurement employee may accept an uncompensated seat on a local nonprofit board if the employee follows specified safeguards intended to prevent conflicts of interest.
John, the board attorney, told members he reviewed three relevant parts of the local ethics code: misuse of public position (section 2‑8), solicitation or acceptance of gifts (section 2‑15), and disclosure or use of nonpublic information (section 2‑17). He said serving on the nonprofit board would not "necessarily be a misuse of position," but recommended safeguards including a stand‑off approach so the employee would not take part in setting specifications or making grant determinations affecting the nonprofit. John said if the nonprofit later applied for city grant funding, the employee should return to the ethics board for guidance on handling the conflict.
On gifts, John noted that covered individuals such as procurement officers are subject to the city's gift ordinance and that routine hospitality at meetings (coffee, snacks) may raise technical issues under a strict gift ban; he recommended caution or paying fair market value when necessary. On nonpublic information, he reminded the board that the local ordinance bars use of confidential information to give any person an unfair advantage and advised the employee to avoid disclosing city nonpublic information.
After board discussion and a brief question about the definition of "gift," a motion to approve the advisory opinion was moved, seconded and carried. The opinion also noted that the board cannot issue opinions on state ethics law and recommended the employee seek further guidance from the Florida Commission on Ethics if concerned about state statutes concerning doing business with one's agency or conflicting employment/contractual relationships.
