CEO 75-129 -- June 23, 1975

BUILDING BOARD OF APPEALS

APPLICABILITY OF DISCLOSURE LAW TO MEMBERS

To: Jo Anne Galloway, Town Administrator, Lake Clarke Shores

Prepared by: Carol Ann Turner

SUMMARY:

Members of the Lake Clarke Shores Building Board of Appeals are public officers pursuant to s. 112.312(7)(b), F. S. (1974 Supp.). Because the board's duties are quasi-judicial in nature, its members are excluded from the advisory board exemption.

QUESTION:

Are members of the Lake Clarke Shores Building Board of Appeals public officers within the meaning of that term as used in part III, Ch. 112, F. S. (1974 Supp.), and therefore subject to the disclosure provisions relating to public officers?

Your question is answered in the affirmative.

The Code of Ethics defines "public officer" to include "[m]embers of boards, commissions, authorities . . . however selected but excluding advisory board members." Section 112.312(7)(b), F. S. (1974 Supp.). In a previous opinion of this commission, CEO 75-22, we determined that if a board exercises any nonadvisory functions, the members of that board would not come within the advisory board exception.

You have informed us that the Building Board of Appeals, created by Resolution No. 238 of the Town of Lake Clarke Shores, performs duties prescribed in the Palm Beach County Building Code. Those duties are quasi-judicial in nature, with the Building Board of Appeals hearing and settling disputes between the building officials and aggrieved contractors. The performance of such duties clearly excludes the members of the board from the advisory board exemption. Although members of the Building Board of Appeals are not compensated for their services, they are nonetheless public officers pursuant to s. 112.312(7)(b), and must comply with the disclosure provisions of the Code of Ethics.