CEO 75-115 -- May 23, 1975

PURCHASING AGENT

DEFINED AS ACTUAL PURCHASER

To: Douglas K. Sands, School Board Attorney, Martin County, Stuart

Prepared by: Jeff Trammel

SUMMARY:

Those employees of a school system who have the power to approve requisition orders and sign purchase orders are deemed to be public officers pursuant to s. 112.312(7)(j), F. S. (1974 Supp.). Other school employees who merely sign requisitions, i.e., requests for purchases, do not have actual purchasing power and therefore are not deemed to be purchasing agents.

QUESTION:

Do employees of a school system who have the power to approve requisition orders and sign purchase orders qualify as "purchasing agents" within the meaning of s. 112.312(7)(j), F. S. (1974 Supp.), thereby becoming public officers subject to financial disclosure?

This question is answered in the affirmative.

In the Martin County school system, the Assistant Superintendent, Mr. Jack Smouse, and the Purchasing Agent, Mr. Robert Cruse, are specifically authorized to sign purchase orders for acquisitions. This power to sign purchase orders is one which is normally conferred to purchasing agents within the meaning of s. 112.312(7)(j), supra. It is our opinion that the Assistant Superintendent and the Purchasing Agent of the Martin County school system are therefore public officers subject to the disclosure requirements of part III, Ch. 112, F. S. (1974 Supp.).

While a school principal or department head as well as a county director may sign requisitions, these requests are advisory in nature. As these employees do not have actual purchasing power, we do not consider them to be public officers within the meaning of s. 112.312(7)(j), supra.