CEO 77-106 -- July 21, 1977

CIVIC / CONVENTION CENTER COMMISSION

APPLICABILITY OF FINANCIAL DISCLOSURE PROVISIONS TO MEMBERS

To: Roger Clary, Chairman, Century III Commission, Fort Walton Beach

Prepared by: Phil Claypool

SUMMARY:

Members of a civic/convention center commission who operate on no budget and whose function is strictly advisory do not constitute "local officers" within the meaning of s. 112.3143(1)(a)2., F. S. 1975, as the commission is an "advisory body" pursuant to s. 112.312(1). Accordingly, members of such commission are not required to file financial disclosure annually.

QUESTION:

Are the members of the Century III Commission "local officers" for purposes of filing financial disclosure?

Your question is answered in the negative.

In your letter of inquiry you have stated that the Century III Commission was created by resolution of the Board of County Commissioners of Okaloosa County to make recommendations to the board with respect to establishing, promoting, developing, locating, constructing, maintaining, and operating a multipurpose civic/convention/coliseum complex within the county. The seven members of the commission are appointed by the board of county commissioners, which has the authority to make rules and regulations regarding franchises, leases, licenses, and the use, operation, and maintenance of the premises; to collect and authorize expenditures of revenues from the facilities; and to issue and sell revenue certificates to finance the facilities.

The Code of Ethics for Public Officers and Employees provides that each "local officer" shall file financial disclosure annually. Section 112.3145(2)(b), F. S. 1975. The term "local officer" is defined to include:

Any appointed member of a board, commission, authority, community college district board of trustees, or council of any political subdivision of the state, excluding any member of an advisory body. A governmental body with land-planning, zoning, or natural resources responsibilities shall not be considered an advisory body. [Section 112.3145(1)(a)2., F. S. 1975.]

As the responsibilities of the Century III Commission do not lie in the areas of land planning, zoning, or natural resources, it is clear that the members of the commission are "local officers" unless the commission is considered an advisory body.

The term "advisory body" is defined to mean

any board, commission, committee, council, or authority, however selected, whose total budget, appropriations, or authorized expenditures constitute less than 1 percent of the budget of each agency it serves or $100,000, whichever is less, and whose powers, jurisdiction, and authority are solely advisory and do not include the final determination or adjudication of any personal or property rights, duties, or obligations, other than those relating to its internal operations. [Section 112.312(1), F. S. 1975.]

Your letter of inquiry advises that the commission does not have a budget. In addition, it is clear that the powers of the commission are solely advisory and do not include the determination or adjudication of any personal or property rights, duties, or obligations.

Accordingly, we find that the Century III Commission is an "advisory body," that its members are not "local officers," and that they therefore need not file financial disclosure.