CEO 75-97 -- April 28, 1975

COUNTY BODIES

APPLICABILITY OF FINANCIAL DISCLOSURE LAW TO COUNTY HEALTH TRUST AND DEVELOPMENT AUTHORITY

To: John H. McCormick, County Attorney, Hamilton County, Jasper

Prepared by: Carol Ann Turner

SUMMARY:

Members of the Board of Trustees of the Hamilton County Public Health Trust and members of the Hamilton County Development Authority are public officers within the meaning of s. 112.312(7)(b), F. S. (1974 Supp.). Neither the board nor the authority is solely advisory in nature; rather, both exercise regulatory and policymaking functions. Because these bodies do not fall within the advisory board exclusion, their members are deemed to be public officers for purposes of financial disclosure.

QUESTIONS:

1. Are members of the Board of Trustees of the Hamilton County Public Health Trust public officers within the meaning of that term as found in part III, Ch. 112, F. S. (1974 Supp.), and therefore subject to the disclosure provisions applicable to public officers?

2. Are members of the Hamilton County Development Authority public officers within the meaning of that term as found in part III, Ch. 112, supra, and therefore subject to the disclosure provisions as applied to public officers?

Question 1 is answered in the affirmative.

The term "public officer" is defined to include "[m]embers of boards . . . however selected but excluding advisory board members." Section 112.312(7)(b), supra. The broad language of this definition indicates that all board members are within the definition of the term "public officer" unless the board is advisory in nature. An advisory board has been determined by the Ethics Commission to mean a board whose powers are solely advisory.

The responsibilities of the Board of Trustees of the Hamilton County Public Health Trust include the powers to contract, acquire real property, lease property, establish rates for facilities, accept gifts, appoint medical staffs, and employ personnel. Section 154.11, F. S. 1973. Such powers are not advisory in nature. We must therefore conclude that members of the board of trustees, as the governing body of the Hamilton County Public Health Trust, are public officers for purposes of this law and are subject to the provisions of part III, Ch. 112, supra, governing public officers.

Question 2 is also answered in the affirmative.

As stated in question 1 above, the definition of the term "public officer" includes all members of boards, excluding only those bodies which are solely advisory in nature.

The responsibilities of the Hamilton County Development Authority include the powers to acquire property, enter into contracts, construct and manage projects, borrow money, and issue revenue- anticipation certificates. Chapter 59-1322, Laws of Florida. These powers are clearly not advisory in nature. Therefore, it is our opinion that members of the Hamilton County Development Authority are public officers subject to disclosure provisions of part III, Ch. 112, supra.