CEO 84-94 -- October 18, 1984
APPLICABILITY OF DISCLOSURE LAW TO CITY ORDINANCE AND CHARTER COMMITTEE
To: (Name withheld at the person's request.)
The members of the Parkland Ordinance and Charter Committee are not "local officers" subject to the requirement of filing statements of financial interests under Section 112.3145, Florida Statutes, as the Committee's powers and duties are solely advisory. CEO's 78-48, 75-189, 74-90 and 74-4 are referenced.
Are you, a member of the Parkland Ordinance and Charter Committee, a "local officer" subject to the requirement of filing a statement of financial interests annually?
Your question is answered in the negative.
The Code of Ethics for Public Officers and Employees provides that each "local officer" shall file a statement of financial interests annually. Section 112.3145(2)(b), Florida Statutes (1983). The term "local officer" is defined to mean:
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, Florida Statutes (1983).]
In turn, "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), Florida Statutes (1983).]
In your letter of inquiry you advise that you serve as a member of the Parkland Ordinance and Charter Committee. The Committee was created by the City Commission for the purpose of reviewing the City Charter and reporting proposed revisions to the Commission. Changes in the Charter proposed by the City Commission would be adopted by referendum vote.
We previously have advised that committees with similar responsibilities serve solely an advisory function and therefore are exempt from the financial disclosure law. See CEO 74-90 and CEO 78-48. It is only where such a board has the authority to place its proposed revision directly on the ballot for adoption by the voters, without approval or alteration by the city council or commission, that we have advised that charter review board members should file financial disclosure. See CEO 74-4 and 75-189.
Accordingly, we find that as a member of the Parkland Ordinance and Charter Committee, you are not a "local officer" and therefore are not subject to the requirement of filing a statement of financial interests annually.