CEO 75-138 -- June 23, 1975

CE FORM 3

REQUIRED FILING BY PART-TIME AND SEASONAL EMPLOYEES OF A MUNICIPALITY

To: Robert L. Taylor, Assistant City Attorney, Orlando

Prepared by: Carol Ann Turner

SUMMARY:

Section 112.312(7), F. S. (1974 Supp.), sets forth standards of conduct for all public officers and employees; no distinction is drawn between those employees who work on a full-time basis and those who serve part-time. Moreover, the statement of legislative intent within the Code of Ethics supports the view that all public servants be subject to the provisions of the law. Accordingly, all public employees, whether full- time or part-time, are subject to those provisions of the code applicable to public employees, including the filing of CE Form 3 if such interests as required to be disclosed on that form are applicable to the employee.

QUESTION:

Are persons employed by the City of Orlando on a part-time or seasonal basis such as lifeguards, recreation teachers, etc., subject to the provisions of the Code of Ethics, part III, Ch. 112, F. S. (1974 Supp.) and thus required to file CE Form 3, Disclosure of Specified Interests?

Your question is answered in the affirmative.

The Code of Ethics sets forth standards of conduct for any person who serves the public as a public officer [defined at s. 112.312(7), supra] or as an employee of a "state agency or of a county, city or other political subdivision of the state" [s. 112.311(5), F. S.]. No distinction is drawn in the Code between employees who work on a full-time basis and those who work part-time.

The express statement of legislative intent incorporated in the Code of Ethics appears supportive of broad application as indicated by the following excerpt:

It is hereby declared to be the policy of the State of Florida that no officer or employee of a state agency or of a county, city or other political subdivision of the state, and no member of the legislature or legislative employee, shall have any interest, financial or otherwise, direct or indirect, or engage in any business transaction, or professional activity or incur any obligation of any nature which is in substantial conflict with the proper discharge of his duties in the public interest. To implement this policy and strengthen the faith and confidence of the people of the state in their government, there is enacted a code of ethics setting forth standards of conduct required of state, county and city officers and employees, and of officers and employees of other political subdivisions of the state, in the performance of their official duties. [Section 112.311(5), supra.]

We must conclude, based upon the foregoing, that public employees, whether full-time or part-time, are subject to the provisions of the Code of Ethics as they apply to public employees. Accordingly they must therefore file CE Form 3, provided they hold an interest which this form seeks to disclose.