CEO 74-81 -- December 23, 1974

CITIZENS PARTICIPATION COMMITTEE AND DEPUTIES OF THE CLERK OF CIRCUIT COURT

APPLICABILITY OF PART III, CH. 112, F. S., TO SUCH OFFICIALS

To: Charlotte R. Fitzsimmons, Clerk, Board of Hendry County Commissioners, La Belle

Prepared by: Patricia Butler

SUMMARY:

The definition of "public officer" set forth in s. 112.312(7)(b), F. S., as amended by Ch. 74-177, Laws of Florida, excludes only members of boards whose functions are solely advisory. Since the Citizens Participation Committee has absolutely no regulatory or policymaking powers over Hendry County programs or commissions, members of the committee are not public officers and are not subject to disclosure provisions relating to public officers. Within s. 112.312(7)(j), supra, purchasing agents or persons having powers normally conferred upon purchasing agents are included in the definition of "public officer." Deputies of the Clerk of the Circuit Court in Hendry County have been authorized to sign purchase orders for the acquisitions of various county departments, a power normally conferred upon purchasing agents. By virtue of this authorization, said deputies are public officers subject to the disclosure provisions of part III, Ch. 112, supra, as applied to public officers.

QUESTIONS:

1. Are members of a citizens participation committee, acting solely in an advisory capacity, public officers within the definition of part III, Ch. 112, F. S., as amended by Ch. 74-177, Laws of Florida?

2. Is the deputy of the Clerk of the Circuit Court, who is authorized to sign purchase orders for county purchases, a public officer within the definition of part III, Ch. 112, supra, and therefore subject to the disclosure provisions required of public officers?

Question 1 is answered in the negative.

The definition of a public officer includes:

Members of boards, commissions, authorities, special taxing districts, and the head of each state agency, however selected but excluding advisory board members. [Section 112.312(7)(b), F. S., as amended by Ch. 74- 177, Laws of Florida; emphasis supplied.]

The broad language of this section indicates that all board members are within the definition of the term "public officer" unless the board is solely advisory in nature. An advisory board is one which renders advice or recommendations to an officer or agency. This officer or agency then has complete discretion to accept or reject the advice or recommendation presented by the advisory board. See CEO 74-4 and CEO 74-20.

In the present case, the Citizens Participation Committee monitors the progress of the Hendry County planning program; it initiates suggestions to be considered for the planning program; and it keeps the general public informed of the program. The committee acts solely in an advisory capacity to the local governing body in planning program matters. Therefore, the committee is solely advisory in nature and its members are not public officers within the meaning of this act. Thus, the committee members are not subject to the disclosure provisions relating to public officers.

Question 2 is answered in the affirmative.

The definition of a public officer includes:

Purchasing agents for any agency or persons having the power normally conferred to purchasing agents by whatever title. [Section 112.312(7)(j), supra; emphasis supplied.]

The duties of a purchasing agent generally include contacting vendors, distributing bid invitations, preparing purchase orders, and various other functions.

In the present case the deputies of the Clerk of the Circuit Court are authorized by the Board of County Commissioners and by the County Clerk to sign purchase orders for acquisitions of various county departments. This power to sign purchase orders is one which is normally conferred to purchasing agents. Thus, it is our opinion that the deputies of the clerk, being authorized to sign such county purchase orders, are public officers within the meaning of this law and are therefore subject to the disclosure provisions of part III, Ch. 112, supra, as applied to public officers.