CEO 75-186 -- September 25, 1975

APPOINTED OFFICIALS

TIME FOR FILING

To: Mrs. Betty W. McNabb, Post-Secondary Independent School Board, Panama City

Prepared by: Gene Rhodes

SUMMARY:

Where a statement of financial disclosure was filed during the early summer of 1975 as a result of one's having been appointed to fill a vacancy on a school board, it is not necessary to file again in the fall upon being appointed to a full term on the board. The disclosure period is the previous tax year; therefore, the disclosure requirements are satisfied by a single filing each year so long as the place of filing remains the same.

QUESTION:

Must I, as a reappointed member of the Post- Secondary Independent School Board, file a statement of financial disclosure when I have already filed one for the 1974 disclosure period?

Your question is answered in the negative.

Your letter of inquiry advises us that you were appointed to the Post-Secondary Independent School Board on May 28, 1975, and filed a statement of disclosure in late June or early July of this year. After serving out the term of the person whose vacancy you filled you were reappointed 6 weeks later for a full term. Further you have advised that nothing on your statement of disclosure presently on file would change if you filed again.

The Code of Ethics for Public Officers and Employees states in relevant part:

A candidate for nomination or election shall file a statement of disclosure no later than twelve o'clock noon on the tenth day after the last day to qualify as a candidate. A public officer, including persons appointed or elected to serve the unexpired term of any public officer, shall file a statement of disclosure no later than twelve o'clock noon of [July 15th] . . . of each year, including the [July 15th] . . . following the last year a public officer is in office. Every public officer who is appointed shall file a disclosure statement, as required herein, within thirty (30) days from the date of appointment. Disclosure shall be filed with the secretary of state or the clerk of the circuit court as provided in section 112.313(3). [Section 112.3145(1), F. S. (1974 Supp.), and Ch. 75-5, Laws of Florida.]

Thus, an appointed public officer must file a statement of disclosure within 30 days from the date of appointment. Thereafter, a statement of disclosure must be filed each year no later than noon on July 15th, including the July 15th following the last year a public officer is in office.

We consider the Form 1 disclosure requirements satisfied by a single filing for each disclosure period. Since you currently have on file a Statement of Financial Disclosure for the most recent disclosure period, i.e., the previous tax year, an additional filing would serve no purpose and is therefore unnecessary. Our position is also supported by a recent revision of the disclosure law which will take effect on January 1, 1975 which states in pertinent part:

. . . a public officer who has filed a disclosure for any calendar or fiscal year shall not be required to file a second disclosure for the same year or any part thereof notwithstanding any requirement of this act. [Section 6, Ch. 75-196, Laws of Florida.]