CEO 77-171 -- November 10, 1977

ATTORNEYS RETAINED PART TIME TO REPRESENT MUNICIPALITY

APPLICABILITY OF STATUTORY FINANCIAL DISCLOSURE

To: Michael Basford, Jacksonville

Prepared by: Phil Claypool

SUMMARY:

A member of a law firm which is retained on a part- time basis at an hourly rate to represent a municipality constitutes a "local officer" subject to the filing of disclosure. For purposes of disclosure, s. 112.3145(1)(a)3., F. S., defines the term "local officer" to include a city attorney or any person serving as city attorney by whatever title. It was previously determined in CEO 75-101 that any member of a law firm who performs the duties of a city attorney should file financial disclosure. In the absence of statutory guidance as to the interpretation of "city attorney," and as the members of the petitioner's law firm who provide legal counsel and representation to the municipality clearly perform the duties of a city attorney, those members are deemed to be local officers subject to the financial disclosure provisions contained in s. 112.3145, F. S.

QUESTION:

Am I, a member of a law firm which is retained on a part-time basis at an hourly rate to represent a municipality, a "local officer" for purposes of financial disclosure?

Your question is answered in the affirmative.

In your letter of inquiry you advise that you are a member of a law firm which has been retained on a part-time basis at an hourly rate to represent a small municipality in Florida. 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), F. S. 1975. 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 . . . county or city attorney . . . . [Section 112.3145(1)(a)3., F. S. 1975.]

In a previous opinion, CEO 75-101, a copy of which is enclosed, we opined that any member of a law firm who performs the duties of a city attorney should file financial disclosure. In the absence of statutory guidance to the interpretation of "city attorney," and as the members of your law firm who provide legal counsel and representation to the municipality clearly perform the duties of a city attorney, we find that those members of your firm who do represent the municipality are "local officers" for purposes of financial disclosure.