CEO 80-63 -- September 19, 1980

QUARTERLY CLIENT DISCLOSURE

NECESSITY OF DISCLOSURE OF REPRESENTATIONS BEFORE LOCAL GOVERNMENT ENTITIES BY HOSPITAL BOARD MEMBER

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

Prepared by: Phil Claypool

SUMMARY:

Section 112.3145(4), F. S., requires of each public person who files financial disclosure "a quarterly report of the names of clients represented for a fee or commission, except for appearances in ministerial matters, before agencies at his level of government." The statute then defines the phrase "agencies of government" as being "classified as state level agencies or agencies below state level." When one serves on the board of commissioners of a medical center which has been created as a special taxing district, such district constitutes a political subdivision independent of the county and the cities located within the county. See s. 1.01(9), F. S., defining "political subdivision." Since neither the county, the cities within the county, nor any of their subdivisions are agencies of the medical center, to require disclosure of representations before city or county agencies would go beyond the intent of the disclosure law and impose the unnecessary burden of reporting information which would expose little or no potential conflict of interest. See CEO's 75-66 and 75-52 in this regard. To the extent that the result of this opinion differs from that in CEO 75-134, that opinion is hereby revoked. The rationale of CEO's 74-89A and 75-87, in which similar results were reached but which opinions are moot under current law, should be disregarded.

QUESTION:

Is a member of the board of commissioners of a hospital which has been created as a special taxing district required to disclose representations he makes before local city and county agencies as part of his quarterly client disclosure?

Your question is answered in the negative.

In your letter of inquiry you advise that ____ recently has been appointed by the Governor as a member of the Board of Commissioners of the Halifax Hospital Medical Center, a special taxing district located in Volusia County. You also advise that the subject commissioner is an attorney who on occasion represents clients before the Volusia County Council, the Daytona Beach City Commission, and other local government entities.

The Code of Ethics for Public Officers and Employees provides that each public officer and employee who is required to file financial disclosure shall file "a quarterly report of the names of clients represented for a fee or commission, except for appearances in ministerial matters, before agencies at his level of government." Section 112.3145(4), F. S. The statute then defines the phrase "agencies of government" as being "classified as state level agencies or agencies below state level." The types of representations which must be reported and the circumstances under which disclosure must be made are described generally in a previous advisory opinion, CEO 76-198. In that opinion we also advised that a local officer's level of government is the political subdivision within which he serves, so that a city personnel board member was required to disclose only representations before the various boards and agencies of that city. The rationale to that response had been expressed in CEO's 75-66 and 75-52: A broader interpretation of the statute would go beyond the intent of the disclosure law and impose the unnecessary burden of reporting information which would expose little or no potential conflict of interest.

It is clear that the subject medical center is a political subdivision independent of the county and the cities located within the county. Section 1.01(9), F. S., defines "political subdivision" to include counties, cities, and special taxing districts, among others. Chapter 79-576, Laws of Florida, creates the medical center as a special tax district which includes all Volusia County, with the exception of certain parts. That act also provides that the medical center is a body corporate with all attendant powers, including the power to condemn property, issue bonds, and levy an ad valorem tax of not more than 4 mills to pay for its operations. Therefore, under the rationale previously given, the subject commissioner would be required to report only those representations made before agencies of the political subdivision he serves, the medical center. Since neither the county, the cities within the county, nor any of their subdivisions are agencies of the medical center, the subject commissioner need not report representations made before those governmental entities.

To the extent that the result of this opinion differs from that in CEO 75-134, that opinion is hereby revoked. In that instance, we found that a community college trustee should disclose representations before agencies of local county government, on the basis that a community college most closely corresponded to the county level of government. However, we are of the view that the purpose of quarterly client disclosure, which is to provide public information concerning potential conflicts of interest, is served better by requiring disclosures of representations made within a particular political subdivision, within which, presumably, one's influence lies.

In CEO's 74-89A and 75-87 we reached similar conclusions to those reached in CEO 75-134, but we do not address them here since they are no longer applicable because of amendments to the financial disclosure law. Candidates for school board positions (CEO 74-89A) and school board hearing examiners (CEO 75-87) are not required to file quarterly client disclosure under the present law.

Accordingly, we find that the subject member of the Board of Commissioners of the Halifax Hospital Medical Center is not required to disclose representations he makes before local city and county agencies as part of his quarterly client disclosure.