CEO 75-60 -- March 31, 1975

PUBLIC OFFICERS

BOARD OF TRUSTEES OF THE POLICE AND FIREFIGHTERS' RETIREMENT SYSTEM

To: Stephen H. Cypen, Attorney, Pompano Beach Police and Firefighters' Retirement System

Prepared by: Patricia Butler

SUMMARY:

The term "public officer" as defined in s. 112.312(7), F. S. (1974 Supp.), includes members of all boards except those which are solely advisory in nature. The Board of Trustees of the Pompano Beach Police and Firefighters' Retirement System does not come within the advisory board exclusion because its powers include the authority to administer and invest moneys of the retirement fund, to hold retirement hearings, and to determine the eligibility of employees for retirement. Such powers are regulatory, rather than purely advisory, in nature; therefore, members of the board of trustees are public officers within the meaning of the Code of Ethics and are subject to disclosure provisions of the code applicable to public officers.

QUESTION:

Are members of the Board of Trustees of the Pompano Beach Police and Firefighters' Retirement System public officers within the meaning of part III, Ch. 112, F. S., as amended by Ch. 74-177, Laws of Florida, and therefore subject to the disclosure provisions applicable to public officers?

This question is answered in the affirmative.

The term "public officer" is defined to include members of "boards" but excludes advisory board members. Section 112.312(7)(b), F. S. See CEO 74-22. The board of trustees does not come within the advisory board exclusion because its powers include the authority to administer and invest all moneys of the retirement fund. Further, the board of trustees is empowered to hold retirement hearings and to determine the eligibility of employees for retirement. City of Pompano Beach Ordinance No. 73-11, as amended. Because these regulatory powers are held by the board, we must conclude that the trustees do not serve in a solely advisory capacity and are therefore "public officers" for the purposes of this law.

As a public officer, each member of the board of trustees is required to file a financial disclosure statement, CE Form 1(see copy enclosed) pursuant to s. 112.3145(1)(a), F. S. Whether or not certain members of this board of trustees are also employees of the Police and Firefighters' Retirement System is immaterial to the question of whether "public officer" status exists; membership on the board is the determinative factor. Furthermore, compliance with the disclosure requirements of s. 112.313(3), F. S. (see CE Form 3 enclosed), either by a public officer or a public employee does not obviate the need for filing CE Form 1, the Financial Disclosure Statement.