CEO 75-16 -- February 5, 1975

PUBLIC OFFICERS

APPLICABILITY OF FINANCIAL DISCLOSURE LAW TO MEMBERS OF CHILDCARE CENTER BOARD AND HISTORICAL COMMISSION

To: Norm La Coe, County Attorney, Gainesville

Prepared by: Gene L. "Hal" Johnson

SUMMARY:

Members of boards and commissions are included within the definition of "public officer" set forth in part III, Ch. 112, F. S., as amended by Ch. 74-177, Laws of Florida; only members of solely advisory boards are excluded. See CEO 74-20 and CEO 74-83. Since the Alachua County Childcare Center Board is accorded several regulatory powers by s. 3(4), Ordinance No. 4, Alachua County Board of County Commissioners, board members are public officers subject to applicable disclosure provisions. Similarly, the Alachua County Historical Commission has the power to accept and disperse funds on matters other than the mere administration of the commission itself. Commissioners are thereby public officers subject to requirements of the law. For reasons explained in CEO 74-18 and CEO 75-2, members of the Alachua County Planning Commission and of the District 5 Mental Health Board are public officers subject to applicable disclosure provisions of part III, Ch. 112, supra.

QUESTIONS:

1. Is a member of the Alachua County Childcare Center Board a public officer within the definition of part III, Ch. 112, F. S., as amended by Ch. 74- 177, Laws of Florida, and therefore subject to the disclosure provisions required of public officers?

2. Is a member of the Alachua County Historical Commission a public officer within the meaning of that term as used in 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?

3. Is a member of the Alachua County Planning Commission a public officer within the definition of part III, Ch. 112, F. S., as amended by Ch. 74-177, Laws of Florida, and therefore subject to the disclosure provisions required of public officers?

4. Is a member of the District 5 Mental Health Board a public officer within the definition of part III, Ch. 112, F. S., as amended by Ch. 74-177, Laws of Florida, and therefore subject to the disclosure provisions required of public officers?

Question 1 is answered in the affirmative.

The meaning of the term "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), supra; emphasis supplied.]

As we have stated in previous opinions, the exclusion of advisory board members applies only to those boards whose duties are solely advisory in nature. See CEO 74-20 and CEO 74-83.

The responsibilities conferred on the Alachua County Childcare Center Board include

the power and duty to prescribe, establish and administer reasonable minimum standards, rules and regulations; to grant and to renew permits or licenses for the operation of such child-care center; to inspect such centers and to revoke such permits on licenses for failure to maintain the standards, rules and regulations as herein provided . . . . [Section 3(4), Ordinance No. 4, Alachua County Board of County Commissioners.]

These duties are not solely advisory; rather, they are of a regulatory nature.

We therefore conclude that the members of the Alachua County Childcare Center Board are public officers as defined in part III, Ch. 112, F. S., and are subject to the disclosure provisions of this as they apply to public officers.

Question 2 is also answered in the affirmative.

As noted in response to question 1 above, commission members are public officers unless they exercise only advisory powers. One of the factors to be assessed in determining whether a board or commission is functioning in an advisory capacity is whether it has the right to accept and disperse funds on matters other than the mere administration of the commission itself. Since the Alachua County Historical Commission possesses such power in regard to the preservation of historical sites and artifacts in its own right, its powers cannot be deemed to be solely advisory. Ordinance No. 23, Alachua County Board of County Commissioners.

We therefore conclude that the members of the Alachua County Historical Commission are public officers as defined in part III, Ch. 112, F. S., and are subject to the disclosure provisions of this law as they pertain to public officers.

As to your third question, please find enclosed a copy of a previous opinion of this commission, CEO 74-18, which is equally applicable to your question. Your question is accordingly answered in the affirmative.

As to your fourth question, please find enclosed a copy of a previous opinion of this commission, CEO 75-2, which is equally applicable to your question. Accordingly, this question is answered in the affirmative.