CEO 75-36 -- February 21, 1975
PUBLIC OFFICERS
EMPLOYEES OF THE MIAMI BUILDING AND ZONING DEPARTMENT
To: John S. Lloyd, City Attorney, Miami
Prepared by: Patricia Butler
SUMMARY:
Categories of persons declared to be public officers for the purpose of part III, Ch. 112, F. S., as amended by Ch. 74-177, Laws of Florida, are explicit and exclusive. Since "city and county building inspectors" are so mentioned in s. 112.312(7)(i), supra, the chief building inspector of the Miami Building Department is a public officer subject to applicable disclosure provisions. The directors and the assistant directors of the Building and Zoning Departments, the chief electrical inspector, the chief plumbing inspector, the chief zoning inspector, and the chief mechanical inspector of the Miami Building Department are not designated as public officers nor do their duties qualify them for inclusion within the designated categories of public officers. They are therefore not subject to disclosure provisions as applied to public officers. However, since the City of Miami is a municipal governmental entity within the meaning of s. 112.312(1), supra, the aforenamed employees (excluding the chief building inspector) are employees of an agency who must comply with the standards of conduct set forth is part III, Ch. 112, supra. See also CEO 74-2, CEO 74-14, and CEO 74-17.
QUESTIONS:
1. Are the director and the assistant director of the Building and Zoning Department public officers 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 required of public officers?
2. Is the chief building inspector of the Miami Building Department a public officer within the meaning of that term as found in part III, Ch. 112, supra, and therefore subject to the disclosure provisions as applied to public officers?
3. Are the chief electrical inspector, the chief plumbing inspector, the chief zoning inspector, and the chief mechanical inspector of the Miami Building Department public officers within the meaning of that term as used in part III, Ch. 112, supra, and therefore subject to the disclosure provisions as applied to public officers?
4. Are the director of the Building and Zoning Department, the assistant director, the chief electrical inspector, the chief plumbing inspector, the chief zoning inspector, and the chief mechanical inspector "employees of an agency" within the meaning of part III, Ch. 112, supra, and therefore subject to the disclosure provisions as applied to employees of agencies?
Question 1 is answered in the negative.
The categories of persons declared to be public officers for the purposes of part III, Ch. 112, supra, are explicit and exclusive. Thus, in order to be subject to those portions of this law which apply to public officers, one's position must be expressly stated within the definition of that term as found in part III, Ch. 112, supra. In the present instance, the law fails to designate directors and assistant directors of building and zoning departments as public officers. Furthermore, their duties in this capacity do not include building inspections so as to qualify them as building inspectors within the meaning of s. 112.312(7)(i), as amended by Ch. 74-177, supra. Accordingly, it is our opinion that these persons are not public officers within the meaning of this law and therefore are not subject to the disclosure provisions relating to public officers. See also CEO 74-15.
Question 2 is answered in the affirmative.
The definition of the term "public officer" includes "city and county building inspectors." Section 112.312(7)(i), supra. The chief building inspector is squarely within this definition and therefore is subject to the disclosure provisions applicable to public officers.
Question 3 is answered in the negative.
As stated in response to question 1, the categories of persons declared to be public officers are exclusive. As the law fails to designate chief electrical inspectors, chief plumbing inspectors, chief zoning inspectors, and chief mechanical inspectors as public officers, they are not subject to the disclosure provisions as applied to public officers. See also CEO 74-15.
Question 4 is answered in the affirmative.
Certain standards of conduct set forth in part III, Ch. 112, supra, apply both to public officers and employees of agencies. As used in this act, "agency" means: "any state, county, local or municipal governmental entity . . . ." (Emphasis supplied.) Section 112.312(1), supra. The City of Miami, being a municipal governmental entity, clearly falls within this definition. Thus, the director of the department, the assistant director, the chief electrical inspector, the chief plumbing inspector, the chief zoning inspector, and the chief mechanical inspector, as employees of the City of Miami, must comply with the standards of conduct set forth for employees in part III, Ch. 112, supra. See also CEO 74-14 and CEO 74-17.
The disclosure provisions of s. 112.313(3), F. S., as amended by Ch. 74-177, supra, state in part:
If a public officer or employee of an agency is an officer, director, partner, proprietor, associate or general agent (other than a resident agent solely for service of process) of, or owns a material interest in, any business entity which is granted a privilege to operate, or is doing business with an agency of which he is an officer or employee, he shall file a statement disclosing such facts within forty-five days of becoming an office or employee or within forty-five (45) days of the acquisition of such position or of such material interest . . . . (Emphasis supplied.)
If applicable, these employees must file CE Form 3, Disclosure of Conflicts of Interest. It should be noted that this form is to be filed only if an officer or employee has the type of interest or business conflict described in s. 112.313(3), supra. CE Form 3 is not required to be filed if the response to each question therein would be "none" or "not applicable." See CEO 74-2.