CEO 83-39 -- June 16, 1983

FINANCIAL DISCLOSURE

APPLICABILITY OF FINANCIAL DISCLOSURE LAW TO COMMUNITY COLLEGE DIRECTOR OF COMMUNICATIONS SERVICES AND RESOURCE DEVELOPMENT

To: (Name withheld at the person's request.)

SUMMARY:

The Director of Communications Services and Resource Development at Hillsborough Community College is not a "local officer" or a "specified employee" subject to the requirement of filing a statement of financial interests annually under Section 112.3145, Florida Statutes. CEO 76-74 is referenced.

QUESTION:

Are you, the Director of Communications Services and Resource Development at Hillsborough Community College, a "local officer" or a "specified employee" subject to the requirement of filing a statement of financial interests annually?

Your question is answered in the negative.

In your letter of inquiry you advise that you are the Director of Communications Services and Resource Development for Hillsborough Community College. In that position, you are responsible to the Vice President for Administrative Services and Public Affairs for directing and coordinating activities in the areas of public information, publications, and resource development. You also advise that you have no purchasing, contractual, or procedural authority.

The Code of Ethics for Public Officers and Employees provides that each "specified employee" and each "local officer" shall file a statement of financial interests annually. Section 112.3145(2)(b), Florida Statutes (1981). The term "specified employee" includes "grants coordinators for any state agency, or persons having the power normally conferred upon such persons, by whatever title." Section 112.3145(1)(b)5, Florida Statutes (1981). However, we previously have advised in CEO 76-74 that community college personnel are not included in the category of "specified employees," which pertains solely to positions at the State level of government. Therefore, we must examine those positions included within the category of "local officer" to determine whether your position requires you to file financial disclosure.

In relevant part, the term "local officer" is defined to include

any person holding one or more of the following positions, by whatever title, including persons appointed to act directly in such capacity, but excluding assistants and deputies unless specifically named herein:

. . . community college president; or purchasing agent having the authority to make any purchase exceeding $100 for any political subdivision of the state or entity thereof. [Section 112.3145(1)(a)3, Florida Statutes (1981).]

As you have advised that you do not have any purchasing authority, and as you are not the President of the Community College, we find that you do not fall within the category of "local officer."

Accordingly, we find that as Director of Communications Service and Resource Development of Hillsborough Community College you are not required to file a statement of financial interests annually.