CEO 75-66 -- March 31, 1975

CE FORM 2

DISCLOSURE OF REPRESENTATIONS BEFORE AGENCIES AT THE SAME LEVEL OF GOVERNMENT

To: William C. Potter, Town Attorney, Indialantic

Prepared by: Bonnie Johnson

SUMMARY:

Although the phrase "same level of government" is not defined by law, the commission interprets this section as requiring the disclosure of representations before agencies within the political subdivision in which the disclosing person serves. Therefore, a municipal officer must disclose on CE Form 2 only those representations made before other agencies of his municipality, while a county officer is required to disclose only those representations made before agencies of his county. Representations made outside the disclosing person's political subdivision are not required to be disclosed on CE Form 2.

QUESTION:

Must I, as attorney for the Town of Indialantic and for the Brevard Transportation Authority as well as a member of the Brevard Economic Development Council, disclose on CE Form 2, the Quarterly Statement of Disclosure of Clients Represented Before Agencies, representations by me or members of my law firm before agencies of other municipalities and counties?

This question is answered in the negative.

The applicable section of the disclosure law states in part:

Any public officer or candidate who represents another before his own agency or any agency at the same level of government as his own agency, except in ministerial matters, for a fee or commission shall list the agencies before which he appears, and the name of the client whom he represented, in a quarterly report subsequent to such appearance. [Section 112.3145(1)(c), F. S., as amended by Ch. 74- 177, Laws of Florida; emphasis supplied.]

Although the phrase "same level of government" is not defined by law, we read this section to require a public officer to disclose those clients whom he represents before an agency of the political subdivision in which he serves. To reach any other conclusion would in our opinion go beyond the intent of the disclosure law and impose the unnecessary burden of reporting information which presents little or no potential conflict of interest.

Therefore, as a municipal officer, you must disclose only those representations made before other agencies of the Town of Indialantic. Likewise, you must, as a county officer, disclose any representations before agencies of Brevard County. Any representations outside these two agencies are not subject to disclosure on CE Form 2.