CEO 75-76 -- April 3, 1975

PUBLIC OFFICERS

STATUS OF EXECUTIVE SECRETARY OF PLANNING ADVISORY BOARD AND ZONING BOARD

To: John S. Lloyd, City Attorney, Miami

Prepared by: Lawrence A. Gonzalez

SUMMARY:

The Director of the Planning Department for the City of Miami serves also, under city ordinance, as the Executive Secretary of the Planning Advisory Board. As such, he is the appointed head of a city planning board and is a "public officer" pursuant to s. 112.312(7)(i), F. S. (1974 Supp.). Likewise, the Director of Administration for Planning and Zoning Boards for the City of Miami simultaneously serves as the Executive Secretary of the Zoning Board and therefore is a public officer within the meaning of s. 112.313(7)(i), supra. As public officers, both are subject to the financial disclosure provisions of s. 112.3145, F. S.

QUESTION:

Is Mr. George J. Acton, Director of the Department of Planning of the City of Miami, or Mr. David Simpson, Jr., Director of the Department of Administration for Planning and Zoning Boards, a public officer within the meaning of part III, Ch. 112, F. S., and therefore subject to the financial disclosure requirements of this law?

This question is answered in the affirmative in both instances.

The Director of the Planning Department for the City of Miami, a position appointed by the City Manager, serves as the Executive Secretary of the Planning Advisory Board as well. Sections 2-62 and 62-11, Miami City Code. In this capacity we believe Mr. Acton qualifies as the appointed head of a city planning board and is therefore a public officer within the meaning of the disclosure law. See s. 112.312(7)(i), F. S., amended by Ch. 74-177, Laws of Florida.

The Director of the Department of Administration for Planning and Zoning Boards of the City of Miami is appointed by the City Manager and serves as the Executive Secretary of the Zoning Board of the City of Miami. In this capacity we believe Mr. Simpson to be the appointed head of the Zoning Board and a public officer within the meaning of the disclosure law. See s. 112.312(7)(i), supra.

As public officers, Messrs. Acton and Simpson are subject to the financial disclosure provisions of s. 112.3145, F. S., and must file CE Form 1 (see copy attached) with the Circuit Court Clerk of Dade County by May 15 of each year.