CEO 77-138 -- August 24, 1977

CITY ATTORNEY

APPLICABILITY OF STATUTORY FINANCIAL DISCLOSURE PROVISIONS

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

Prepared by: Phil Claypool

SUMMARY:

For purposes of the annual filing of financial disclosure, the term "local officer" is defined to include a city attorney or any person appointed to act directly in such capacity. Section 112.3145(1)(a)3., F. S. 1975. One who serves a municipality as city attorney accordingly constitutes a local officer subject to such disclosure. Section 112.3145(2)(b), F. S. Reference is also made to CEO 75-101.

QUESTION:

Am I, an attorney who has been retained as the City Attorney of the City of North Port, a "local officer" for purposes of filing financial disclosure?

Your question is answered in the affirmative.

In your letter of inquiry you advise that you are engaged in the private practice of law and have been retained as the City Attorney for the City of North Port on an annual retainer basis, paid in monthly installments, from which the city is deducting social security at the standard rate, at your request.

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.]

Accordingly, as you act directly in the capacity of city attorney, you fall within the definition of "local officer" and therefore are required to file a statement of financial interests pursuant to the provisions of s. 112.3145, F. S. See also CEO 75-101, a copy of which is enclosed.