CEO 74-54 -- November 15, 1974

DISCLOSURE LAWS

APPLICABILITY TO PALM BEACH JUNIOR COLLEGE PERSONNEL

To: Richard B. Burk, Palm Beach

Prepared by: Patricia Butler

SUMMARY:

The purchasing agent of Palm Beach Junior College is a public officer only if the junior college district is an "agency" within the meaning of s. 112.312(1), F. S. By virtue of being a part of the state system of public education, Palm Beach Junior College district is a state agency whose purchasing agent is a public officer subject to disclosure provisions required of public officers in part III, Ch. 112, F. S. The Dean of Business Affairs of the college is not a public officer since the law fails to designate deans of colleges and universities as public officers, he does not have purchasing agent powers, and he does no consultation for compensation pursuant to s. 112.312(7)(h), supra. However, the Dean of Business Affairs is an employee of an agency within the meaning of s. 112.313, supra, and is therefore subject to standards of conduct and disclosure provisions set forth for such employees. See CEO 74-14.

QUESTIONS:

1. Is the purchasing agent of Palm Beach Junior College a public officer within the definition of part III, Ch. 112, F. S., as amended by Ch. 74-177, Laws of Florida, and thus subject to the disclosure provisions relating to public officers?

2. Is the Dean of Business Affairs of Palm Beach Junior College a public officer within the definition of part III, Ch. 112, F. S., as amended by Ch. 74-177, Laws of Florida, and thus subject to the disclosure provisions relating to public officers?

3. Is the Dean of Business Affairs of Palm Beach Junior College an employee of an agency within the meaning of s. 112.313, F. S., as amended by Ch. 74- 177, supra, and therefore subject to the disclosure law as it applies to employees of agencies?

Your first question is answered in the affirmative.

A public officer is defined in part III, Ch. 112, supra, to include:

Purchasing agents for any agency or persons having the power normally conferred to purchasing agents by whatever title. [Section 112.312(7)(j), F. S.]

Whether the purchasing agent of Palm Beach Junior College comes within the purview of this definition hinges on whether the junior college district is an "agency" within the definition of that term as set forth in s. 112.312(1), supra:

>Agency= means any state, county, local or municipal governmental entity, whether executive, judicial, or legislative, and therein any department, division, bureau, commission, authority, or special taxing district with authority to exercise the sovereign power of the state. (Emphasis supplied.)

As stated in s. 228.041(23), F. S. 1973:

A community college district is a part of the state system of public education. It shall consist of such centers, courses and services as are authorized by the state board under control of the district board of trustees. (Emphasis supplied.)

By being a part of the state system of public education, the Palm Beach Junior College district is an agency of the state. Thus, the purchasing agent of the junior college is a public officer under part III, supra, and is subject to the disclosure provisions relating to public officers.

Your second question is answered in the negative.

The categories of persons declared to be public officers for the purpose of part III, supra, are explicit and exclusive. Thus, in order to be subject to those portions of this law which apply to public officers, one's position must be expressly stated within the definition of that term as found in part III, supra. In the present instance, the law fails to designate deans of colleges and universities as public officers. Accordingly, it is our opinion that the Dean of Business Affairs of Palm Beach Junior College is not a public officer within the meaning of this law. Therefore, he is not subject to the disclosure provisions relating to public officers. See CEO 74-45.

It should also be noted that since the dean does not have purchasing agent powers, he is not a public officer by virtue of s. 112.312(7)(j), F. S., quoted in relation to question 1 above.

The dean is also excluded from the definition of a public officer in s. 112.312(7)(h), since he does no consultation for compensation. This section defines a public officer as "all full time state employees who, in addition to their regular duties, accept compensation for consultations with other state agencies or with other government or private entities."

Question 3 is answered in the affirmative.

Certain standards of conduct set forth in s. 112.313, supra, apply both to public officers and employees of agencies. As stated in question 1 above, the Palm Beach Junior College district is an "agency" within the meaning of this act. Thus, the Dean of Business Affairs, as an employee of the junior college, must comply with the applicable standards of conduct set forth in s. 112.313, supra. See CEO 74-14.

The disclosure provisions of s. 112.313(3), F. S., as amended by Ch. 74-177, supra, state in part:

If a public officer or employee of an agency is an officer, director, partner, proprietor, associate or general agent (other than a resident agent solely for service of process) of, or owns a material interest in, any business entity which is granted a privilege to operate, or is doing business with an agency of which he is an officer or employee, he shall file a statement disclosing such facts within forty-five days of becoming an officer or employee or within forty-five (45) days of the acquisition of such position or of such material interest . . . . (Emphasis supplied.)

If applicable, these employees must file CE Form 3, Disclosure of Conflicts of Interest. It should be noted that this form is to be filed only if one has the type of interest or business conflict described in s. 112.313(3), supra. CE Form 3 is not required to be filed if the response to each question therein would be "none" or "not applicable." See CEO 74-2.