CEO 75-189 -- September 25, 1975

CHARTER REVIEW COMMISSION

APPLICABILITY OF FINANCIAL DISCLOSURE LAW TO MEMBERS

To: Warren O. Tiller, Volusia County Attorney, DeLand

Prepared by: Gene Rhodes

SUMMARY:

CEO 75-163 was issued with the understanding that the Volusia County Charter Review Commission recommendations were approved by the county council before being placed on a referendum ballot. More recent information makes clear, however, that recommendations of the Charter Review Commission are placed directly on the ballot for adoption by the voters of Volusia County without prior approval by the county council. CEO 75-163 is therefore revoked and members of the Volusia County Charter Review Commission are deemed to be public officers pursuant to the rationale contained in CEO 74-4. They are therefore subject to financial disclosure requirements.

QUESTION:

Are the members of the Volusia County Charter Review Commission public officers within the meaning of that term as found in the Code of Ethics for Public Officers and Employees and therefore required to file statements of financial disclosure where the recommendations of the commission are presented to the voters of Volusia County in a charter referendum without alteration by any other agency?

Your question is answered in the affirmative.

Our previous opinion to you, CEO 75-163, was issued with the understanding that the Volusia County Charter Review Commission recommendations must be approved by a vote of the County Council prior to their being placed on a referendum ballot. You have provided us in your most recent correspondence with a copy of the ordinance setting forth the duties of the commission, however. Volusia County, Florida, Charter s. 1303 (1971) leaves little doubt that the recommendations of the commission must be placed directly on a referendum ballot for adoption by the voters of Volusia County without approval or alteration by the County Council.

With these facts in mind please find enclosed a copy of a previous opinion of this commission, CEO 74-4, the rationale of which is equally applicable to your inquiry. Your question is answered accordingly.

Our previous opinion on this matter, CEO 75-163, is hereby revoked as it applies to the Volusia County Charter Review Commission.