CEO 74-41 -- November 1, 1974

AGENCY AND ITS EMPLOYEES

APPLICABILITY OF FINANCIAL DISCLOSURE LAW TO OFFICERS OF A LOCAL HOUSING AUTHORITY AND ITS STAFF MEMBERS

To: Stephen G. Beneke, Attorney, Pinellas County Housing Authority

Prepared by: Gene L. "Hal" Johnson

SUMMARY:

As members of a local authority, members of the Pinellas County Housing Authority are public officers. Section 112.312(7)(b), F. S., as amended by Ch. 74-177, Laws of Florida. Exclusions from this status would be made only if the authority acted in a solely advisory capacity. However, as a public housing authority formed under Ch. 421, F. S., the Pinellas Housing Authority is empowered to operate, acquire, and lease housing projects, to sue and be sued, and to make binding contracts. Since the authority has such regulatory and policymaking powers, its members are public officers subject to the provisions of the financial disclosure law as it applies to public officers. Staff members of the Pinellas County Housing Authority are not public officers within the meaning of s. 112.312(7), supra; however, said staff are employees of an agency within the meaning of part III, Ch. 112, F. S., and therefore are subject to the disclosure requirements of s. 112.313(3), supra, to be filed on CE Form 3 if applicable.

QUESTIONS:

1. Are the officers of the Pinellas County Housing Authority "public officers" within the meaning of s. 112.312(7), F. S., as amended by Ch. 74-177, Laws of Florida, and thus required to comply with the financial disclosure law as it applies to public officers?

2. Are the staff members of the Pinellas County Housing Authority "public officers" within the meaning of s. 112.312(7), supra?

Question 1 is answered in the affirmative.

In s. 112.312(7)(b), F. S., members of local "authorities" are specifically included within the definition of the term "public officer." Only members of "advisory" bodies are excluded from this general category of persons qualifying as public officers. Id. The advisory body exclusion is, in our opinion, applicable only to those bodies which are solely advisory in nature. See CEO 74-18.

As presented in your letter, the Pinellas County Housing Authority is a public housing authority formed under Ch. 421 of the Florida Statutes. Section 421.08, F. S. 1973, lists the powers of a housing authority, and included therein are the powers to sue and be sued; to operate, acquire, and lease housing projects; to make binding contracts; to invest reserve funds; and to investigate, examine, and issue subpoenas in regard to matters material for its information. These functions are substantially more than "advisory." They are of a policymaking nature, involving the exercise of regulatory governmental powers.

We are therefore of the opinion that the Commissioners of the Pinellas County Housing Authority are public officers within the meaning of the act and must comply with those provisions of the financial disclosure law applicable to public officers. See CE Forms 1, 2, 3, and 4, available from the Circuit Court Clerk's office in each county and from the office of the Secretary of State in Tallahassee.

Question 2 is answered in the negative.

Section 112.312(7), as amended by Ch. 74-177, supra, enumerates those persons who are within the meaning of "public officer." Nowhere in that listing is a staff member of an "authority." Therefore, the staff members of the Pinellas County Housing Authority are not public officers for the purposes of this law.

However, as the Pinellas County Housing Authority is a county governmental entity, its staff members are employees of an agency within the meaning of part III, Ch. 112, F. S., and therefore are subject to the disclosure requirements of s. 112.313(3) which must be disclosed on CE Form 3, Statement of Conflicts of Interest, if applicable. See s. 112.312(1), F. S., as amended by Ch. 74-177, supra.

We emphasize that this opinion is based only on the factual situation which you have stated in your request for an opinion. We have not addressed the situation in which a staff member may be a public officer by virtue of performing consulting work with other governmental or private entities, s. 112.312(7)(h), F. S., or by virtue of having powers normally conferred to a purchasing agent, s. 112.312(7)(j), F. S.