CEO 75-91 -- April 28, 1975

TOWN ATTORNEY AND CITY COMMISSIONERS

APPLICABILITY OF DISCLOSURE LAW

To: John H. Fenniman, Town Attorney, Sewall's Point

Prepared by: Bonnie Johnson

SUMMARY:

Reference is made to CEO 74-85. Municipal attorneys are public officers subject to financial disclosure pursuant to s. 112.312(7)(i), F. S. (1974 Supp.). Members of a city commission are also public officers subject to disclosure within the meaning of s. 112.312(7)(b), F. S.

QUESTIONS:

1. Am I, in my capacity as Town Attorney for Sewall's Point, a public officer within the meaning of that term as found in part III, Ch. 112, F. S. (1974 Supp.), and therefore subject to provisions applicable to public officers?

2. Are the elected members of the Sewall's Point City Commission public officers within the meaning of that term as found in part III, Ch. 112, F. S. (1974 Supp.), and therefore subject to provisions applicable to public officers?

Question 1 is answered in the affirmative.

Enclosed please find a copy of a previous opinion of this commission, CEO 74-85, the rationale of which applies equally to your inquiry. Your question is answered accordingly.

Question 2 is also answered in the affirmative.

The definition of "public officer" includes "[m]embers of boards, commissions, authorities, special taxing districts, and the head of each state agency, however selected but excluding advisory board members." [Section 112.312(7)(b), supra; emphasis supplied.] No exclusion is made based on whether such members serve full-time or part-time or on the basis of whether they receive compensation or not. Members of the Sewall's Point City Commission are therefore deemed to be public officers under the Code of Ethics and, as such, are subject to disclosure and standards of conduct provisions applicable to public officers.