CEO 75-63 -- March 31, 1975

PUBLIC OFFICERS

APPLICABILITY OF DISCLOSURE LAW TO CITY CLERK AND CITY TREASURER

To: Paul J. McDonough, City Attorney, Coral Springs

Prepared by: Gene L. "Hal" Johnson

SUMMARY:

Reference is made to CEO 74-17. Inasmuch as the positions of city clerk and city treasurer are not specified in s. 112.312(7), F. S. (1974 Supp.), which defines "public officer," officials holding these offices are not public officers by virtue of such positions. Should a city clerk or a city treasurer exercise purchasing agent powers, however, he would be a public officer pursuant to s. 112.312(7)(j), F. S.

QUESTION:

Are the City Clerk and the City Treasurer of the City of Coral Springs 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 required of public officers?

Your question is answered in the negative.

Enclosed please find a copy of a previous opinion of this commission, CEO 74-17, the rationale of which is equally applicable to your question. Please note, however, that although these city employees are not "public officers" based upon their job titles, they may fall within this category if they have "the power normally conferred to purchasing agents by whatever title." Section 112.312(7)(j), supra.