CEO 74‑31 ‑‑ November 1, 1974

CIVIL SERVICE BOARD

MEMBERS AS PUBLIC OFFICERS FOR DISCLOSURE PURPOSES

To: Mrs. Norma Coughlin, Margate

Prepared by: Patricia Butler

SUMMARY:

Reference is made to CEO 74‑18 and CEO 74‑22. Only advisory board members are excluded from the definition of "public officer" as set forth in s. 112.312(7)(b), F. S., as amended by Ch. 74‑177, Laws of Florida. When created by Ch. 67‑1693, Laws of Florida, the Civil Service Board of the City of Margate was empowered to conduct examinations, maintain appointment eligibility lists, hear appeals and render final judgments in employee discharge cases, and subpoena and require witnesses and documents (s. 12). Thus, the Civil Service Board of Margate is a regulatory and policymaking body whose members are public officers subject to applicable disclosure provisions of part III, Ch. 112, F. S.

QUESTION:

Is a member of the Civil Service Board in the City of Margate a public officer within the meaning of part III, Ch. 112, F. S., as amended by Ch. 74‑177, Laws of Florida, and therefore subject to the disclosure provisions relating to public officers?

Your question is answered in the affirmative.

The term "public officer" is defined to include:

[m]embers of boards . . . however selected but excluding advisory board members. [Section 112.312(7)(b), F. S.; emphasis supplied.]

As we have stated in earlier opinions, an advisory board is one whose powers are solely advisory. See CEO 74‑18 and CEO 74‑22.

The Civil Service Board of the City of Margate was created by Ch. 67‑1693, Laws of Florida. This board possesses certain administrative powers, such as the power to conduct "examinations and maintain eligible lists for appointments to all Departments of the City" (s. 5). If an employee is discharged, the board has the power to hear appeals and render final judgments in these situations (s. 12). The Civil Service Board also has "the power to subpoena and to require the attendance of witnesses and the production of pertinent documents and to administer oaths" (s. 12).

Many of the above‑mentioned powers are of a regulatory or policymaking nature. This being so, the Civil Service Board's powers are not solely advisory. The members of this body are thus within the definition of the term "public officer," s. 112.312(7)(b), supra, and therefore are subject to those provisions of part III, Ch. 112, supra, governing public officers.