CEO 75-69 -- March 31, 1975

PUBLIC OFFICER

CHIEF CLERK OF COUNTY HEALTH DEPARTMENT WITH PURCHASING AGENT POWERS

To: Mildred P. Sprigg, Chief Clerk, Pasco County Health Department, Dade City

Prepared by: Patricia Butler

SUMMARY:

Because s. 112.312(7)(j), F. S. (1974 Supp.), provides that officials exercising purchasing agent powers are "public officers" within the meaning of the disclosure law, Mrs. Sprigg, who exercises such powers in her position as Chief Clerk of the Pasco County Health Department, is a public officer subject to applicable provisions of the Code of Ethics. The Director of the Pasco County Health Board is not deemed to be a public officer, however, inasmuch as his position is not included within the statutory definition of "public officer" set forth in s. 112.312(7), supra.

QUESTIONS:

1. Am I, as Chief Clerk of the Pasco County Health Department with purchasing agent powers, a public officer 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?

2. Is Dr. Herrick M. Thomas, the Director of the Pasco County Health Board, a public officer within the meaning of part III, Ch. 112, supra, and therefore subject to the disclosure provisions applicable to public officers?

Question 1 is answered in the affirmative.

The term "public officer" is defined to include

[p]urchasing agents for any agency or persons having the power normally conferred to purchasing agents by whatever title. [Section 112.312(7)(j), supra; emphasis supplied.]

With the power which you possess to act as a purchasing agent for the Pasco County Health Department, it is clear that you qualify as a public officer for the purposes of this act. Therefore, you must comply with the disclosure provisions applicable to public officers. Enclosed please find a copy of CE Form 1, the Statement of Financial Disclosure, which must be filed by May 15, 1975.

Since Dr. Thomas' position is not included within the statutory definition of the term "public officer," question 2 must be answered in the negative. See enclosed CEO 74-15, questions 2 and 4, the rationale of which is equally applicable to Dr. Thomas.