CEO 75-93 -- April 28, 1975

HOSPITAL ADMINISTRATOR

APPLICABILITY OF FINANCIAL DISCLOSURE LAW

To: Ralph O. Johnson, Attorney, Northwestern Palm Beach County Hospital, Pahokee

Prepared by: Bonnie Johnson

SUMMARY:

The hospital administrator of a public hospital is a public employee, subject to the standards of conduct and disclosure of conflicts provisions of the Code of Ethics, part III, Ch. 112, F. S. (1974 Supp.). Reference is made to CEO 74-15. However, such administrator would be deemed a public officer subject to financial disclosure if he exercises purchasing-agent powers. Since the hospital in question is a special tax district and would therefore be considered a political subdivision, the hospital administrator would file statements of disclosure with the clerk of the circuit court of his county.

QUESTIONS:

1. Is Mr. Cecil Greig, the Hospital Administrator of the Northwestern Palm Beach County Public Hospital, subject to provisions of the Code of Ethics, part III, Ch. 112, F. S. (1974 Supp.), and, if so, to which provisions?

2. Would Mr. Greig file statements of disclosure pursuant to part III, Ch. 112, supra, with the Secretary of State or with the Clerk of the Circuit Court of Palm Beach County?

Question 1 is answered in the affirmative.

Enclosed please find a copy of a previous opinion of this commission, CEO 74-15, the rationale of which applies equally to your inquiry. Your attention is directed to questions 2 and 4 of that opinion, and your inquiry is answered accordingly.

As to your second question, the applicable portion of the law states in pertinent part:

The statement shall be filed with the Department of State if the individual is a state officer, employee or candidate, and shall be filed with the clerk of the circuit court of the county in which he is principally employed or a resident if he is an officer, employee or candidate for election within a county, municipality or other political subdivision of the state. [Section 112.313(3), F. S.]

As a special taxing district, the Northwestern Palm Beach County Public Hospital is a political subdivision. As an employee of a political subdivision, Mr. Greig would file any applicable statements of disclosure with the Clerk of the Circuit Court of Palm Beach County.