CEO 75-58 -- March 31, 1975

CEO 74-25

RECONSIDERATION OF STATUS OF MEMBERS OF ORANGE COUNTY SEWER AND WATER ADVISORY BOARD AFTER REENACTED RESOLUTION MODIFYING THE BOARD'S POWERS

To: Steven R. Bechtel, Orlando

Prepared by: Gene L. "Hal" Johnson

SUMMARY:

A reenacted resolution which establishes that the Orange County Sewer and Water Advisory Board is a solely advisory body reverses CEO 74-25 in which it was ruled that members of the board were "public officers" within the meaning of s. 112.312(7)(b), F. S. (1974 Supp.). By virtue of the board's newly established advisory status, however, its members are no longer considered to be public officers for purposes of the Code of Ethics and are therefore not subject to disclosure law.

QUESTION:

Are members of the Orange County Sewer and Water Advisory Board public officers based upon a reenacted resolution establishing the board and limiting its functions so as to be solely advisory?

Your question is answered in the negative.

On February 11, 1975, the Board of County Commissioners of Orange County reenacted its resolution establishing the Orange County Sewer and Water Advisory Board, making it clear that the board will function solely in an advisory capacity. Based upon this clarification, we hereby revoke our prior opinion, CEO 74-25, and hold that the members of this board are not public officers as defined in part III, Ch. 112, F. S., as amended by Ch. 74-177, Laws of Florida, by virtue of the board's advisory nature.