August 14,2000

RE: REQUEST FOR ADVISORY OPINION 00-125

The Commission on Ethics and Public Trust considered your request for an advisory opinion at its meeting on August 11, 2000 and rendered its opinion based on the facts stated in your letter.

You requested an opinion regarding the Trust Board and staff's ability to patronize businesses funded by the Metro-Miami Action Plan Trust(MMAP).

In your letter, you advised the Commission that three years ago, MMAP provided funding for the_______________________________. MMAP has also provided funding for other businesses including a _______ restaurant. Some members of the MMAP board and staff would like to join and support the credit union. No member of the board or staff serves on the credit union's Board of Directors. Board and staff members would also like to patronize other businesses that are funded by MMAP but are concerned about possible conflicts of interests.

The Commission found The Conflict of Interest and Code of Ethics ordinance permits MMAP board and staff members to patronize businesses that receive funding from the organization. Section 2-11.1(o)(Acquiring financial interests) only prohibits board and staff from acquiring financial interests in businesses and organizations that receive county funding or which will be directly affected by the person's official action or the agency or department of which they are an officer, official or employee. Accordingly, MMAP officials and employees may patronize entities that receive funding from the organization.