CEO 74‑30 ‑‑ November 1, 1974

REPRESENTATION BEFORE AGENCIES

APPLICABILITY OF SECTION TO AGENCIES ON

SAME LEVEL OF GOVERNMENT

To: Julian D. Clarkson, Ft. Myers

Prepared by: Gene L. "Hal" Johnson

SUMMARY:

As a member of the Florida Supreme Court Judicial Nominating Commission, Mr. Clarkson is a public officer within the definition of that term as found in part III, Ch. 112, F. S., as amended by Ch. 74‑177, Laws of Florida. (See CEO 74‑11.) Despite a contradiction between the explanatory note on p. 1 of CE Form 2 and the disclosure portion on p. 2 of CE Form 2, both the name of the client and the name of the person representing the client must be disclosed. Thus, Mr. Clarkson must give either his own name when representing a client before state and regional agencies or the name of his partner or associate when that partner or associate represents a client before a state or regional agency at the same level of government as Mr. Clarkson's agency and the name of the client so represented. Section 112.3145(1)(c), F. S.

QUESTIONS:

1. Are members of the Florida Supreme Court Judicial Nominating Commission within the term "public officer" as defined in part III, s. 112.312(7), F. S., as amended by Ch. 74‑177, Laws of Florida?

2. As an attorney who represents clients before state and regional agencies and whose partners and associates represent clients before state and regional agencies, must I, as a member of the judicial nominating commission, disclose the name of any partner or associate who makes such a representation together with the name of the client represented?

Your question 1 is answered in the affirmative.

Please find enclosed a copy of a previous opinion of this commission, CEO 74‑11, which is equally applicable to your question.

As to your second question, public officers are required to file a quarterly report of representations "before his own agency or an agency at the same level of government as his own agency . . . ." Section 112.3145(1)(c), F. S., as created by Ch. 74‑177, Laws of Florida. Apparently a contradiction exists between the explanatory note on p. 1 of CE Form 2 and the disclosure portion of the form on p. 2 with regard to the question you raise. The explanatory note states that only the client's name be listed, while the form requires the listing of any partner or associate making the representation as well as the name of the client.

It is our opinion that the law requires the name of both the client and the person representing him to be listed. Therefore, the disclosure provisions on p. 2 of CE Form 2 correctly reflect the information required to be listed on this form.