CEO 75-208 -- December 15, 1975
COUNTY HEALTH OFFICER
APPLICABILITY OF FINANCIAL DISCLOSURE LAW
To: (Name withheld at the person's request.)
Prepared by: Gene Rhodes
SUMMARY:
The director of a county health department is deemed to be a "public officer" subject to financial disclosure by virtue of his status as purchasing agent for the department. See s. 112.312(7)(j), F. S. (1974 Supp.). As chairman of a county health planning council, however, he is not deemed to be a "public officer" inasmuch as said council is solely advisory. Reference is made to CEO 75-188. Public officer status is created by membership on a bi-county mental health board whose duties include receiving and disbursing funds entrusted to the board by both public and private sources. Affiliation with such organizations as the American Cancer Society, a local chamber of commerce, and the American Health Association does not create public officer status, however, inasmuch as none of these agencies exercises any public sovereignty.
All disclosures made pursuant to requirements of the Code of Ethics for Public Officers and Employees must be made on forms prescribed by the Commission on Ethics.
QUESTIONS:
1. Am I a "public officer" as that term is defined in the Code of Ethics for Public Officers and Employees by virtue of my full-time employment as Director of the Marion County Health Department and my compensation for consultations with the federal government?
2. Am I a "public officer" as that term is defined in the Code of Ethics for Public Officers and Employees by virtue of my being the Chairman of the Marion County Health Planning Council?
3. Am I a "public officer" as that term is defined in the Code of Ethics for Public Officers and Employees by virtue of my membership on the Marion-Citrus Mental Health Board?
4. Am I a "public officer" as that term is defined in the Code of Ethics for Public Officers and Employees by virtue of my affiliation with agencies such as the American Cancer Society, a chamber of commerce, or the American Health Association?
5. Must financial disclosure be made on forms approved by the Ethics Commission?
Question 1 is answered in the affirmative.
Your letter of inquiry advises us that you are employed full time as the Director of the Marion County Health Department, and as such you are the department's purchasing agent. Also, you have accepted in the past, and may accept in the future, compensation for consultations with the National Institute of Occupational Health and Safety.
The Code of Ethics includes within the definition of the term "public officer":
Purchasing agents for any agency or persons having the power normally conferred to purchasing agents by whatever title. [Section 112.312(7)(j), F. S. (1974 Supp.).]
This provision clearly encompasses you, as purchasing agent for the health department, notwithstanding your title of director of that department.
Also included as public officers are full-time state employees who, in addition to their regular duties, accept compensation for consultations with other government entities. Section 112.312(7)(h), F. S. (1974 Supp.). In authorizing the establishment of county health units, the Florida Statutes state that the director "shall be employed by the board of county commissioners. . . ." Section 154.04, F. S. (1974 Supp.). Section 112.312(7)(h) is not applicable to you, a county employee.
As the purchasing agent for the Marion County Health Department, you are required to file a statement of financial disclosure with the Clerk of the Circuit Court of Marion County pursuant to s. 112.313(9), as created by Ch. 75-208, Laws of Florida.
Question 2 is answered in the negative.
You have advised us that the Marion County Health Planning Council conducts investigations and inquiries which enable its members to advise the Bureau of Community Health Facilities Planning. Section 381.494(5), F. S. 1973.
Please find enclosed a previous opinion of this commission, CEO 75-188, the rationale of which is equally applicable to your inquiry. Your question is answered accordingly.
Question 3 is answered in the affirmative.
You have advised us that the Marion-Citrus Mental Health Board's duties include receiving and disbursing funds entrusted to it by both public and private sources. These duties clearly are not advisory; therefore, the members of the board would not be excluded as public officers under the advisory board exception of s. 112.312(7)(b), quoted in the enclosed opinion, CEO 75-188.
As a member of the Marion-Citrus Mental Health Board you are required to file a statement of financial disclosure with the clerk of the circuit court in either Marion or Citrus County, depending upon where you live or are principally employed. See s. 112.313(9), Ch. 75-208.
Once you have filed a statement of financial disclosure in a particular county, you are not required to file a second statement for the same taxable year due to a second position held that requires filing in said county. Accordingly, if you have already filed a statement of financial disclosure in Marion County because of your position as Marion County Health Officer, you need not file another statement in Marion County because of your membership on the Marion- Citrus Mental Health Board. However, a previous filing in Marion County does not preclude the filing of a statement of financial disclosure in Citrus County if such county is determined to be the proper place for filing because of your membership on the Marion- Citrus Mental Health Board.
Question 4 is answered in the negative.
This question turns on whether private agencies fall within the scope of the Code of Ethics for Public Officers and Employees. We are of the opinion that an agency must possess some regulatory function or other manifestation of delegation of sovereignty before it would fall within the purview of the Code of Ethics. In that these organizations are not of the genre of public entities to which the code applies, you are not a public officer because of your affiliation with them.
Please find enclosed a previous opinion of this commission, CEO 75-13, the logic of which is equally applicable to question 5. Question 5 is answered accordingly in the affirmative.