CEO 76-122 -- July 26, 1976

PARKS AND RECREATION ADVISORY BOARD

APPLICABILITY OF THE CODE OF ETHICS

To: Donald J. Lunny, City Attorney, City of Plantation

Prepared by: Bonnie Johnson

SUMMARY:

The Code of Ethics for Public Officers and Employees requires that each local officer annually file a statement of financial disclosure. The term "local officer" is defined to include all appointed board members other than members of advisory bodies, stipulating that boards with land-planning, zoning, or natural resources responsibilities may not be deemed advisory. Fla. Stat. s. 112.3145(1)(a)2.(1975). The term "advisory body" is further defined by the code, in part, as a board whose duties are solely advisory. A municipal parks and recreation advisory board whose duties are solely to advise the mayor and city council is deemed to be an advisory body for purposes of the disclosure law, even though certain of its duties are peripherally related to land-planning, zoning, and natural resources in that the board advises as to the establishment of parks, playgrounds, golf courses, nature trails, etc. Such duties are not deemed to be of the nature contemplated by s. 112.3145(1)(a)2., and the board's major responsibility is to make recommendations on improving city parks, playgrounds, recreation facilities, and programs. Accordingly, members of the parks and recreation advisory board are not deemed to be local officers and therefore are not subject to the filing of financial disclosure.

QUESTION:

Are the members of my city's parks and recreation board "local officers" within the meaning of that term as it is defined in the Code of Ethics for Public Officers and Employees and therefore required to file statements of financial disclosure?

Your question is answered in the negative.

The Code of Ethics requires that each local officer file a statement of financial disclosure no later than July 15 of each year. Fla Stat. s. 112.3145(2)(b)(1975). The term "local officer" is defined to include

[a]ny appointed member of a board, commission, authority, community college district board of trustees, or council of any political subdivision of the state, excluding any member of an advisory body. A governmental body with land-planning, zoning, or natural resources responsibilities shall not be considered an advisory body. [Fla. Stat. s. 112.3145(1)(a)2.(1975).]

Accordingly, members of the parks and recreation advisory board are local officers within this definition unless that board can be deemed an advisory body for purposes of the Code of Ethics. The term "advisory body" is defined as

any board, commission, committee, council, or authority, however selected, whose total budget, appropriations, or authorized expenditures constitute less than 1 percent of the budget of each agency it serves or $100,000, whichever is less, and whose powers, jurisdiction, and authority are solely advisory and do not include the final determination or adjudication of any personal or property rights, duties, or obligations, other than those relating to its internal operations. [Fla. Stat. s. 112.312(1)(1975).]

You have assured our staff that the parks and recreation advisory board meets the budget qualifications of an advisory body set forth in the above-quoted definition. Moreover, it is clear from the resolution creating the board that its duties are solely advisory to the mayor and city council. Although certain of these duties are peripherally related to land planning, zoning, and natural resources in that the board advises as to the establishment of parks, playgrounds, golf courses, nature trails, etc., in our view this does not constitute responsibilities of the nature contemplated by s. 112.3145(1)(a)2., quoted above. The board's major responsibility is to make recommendations on improving the present city parks, playgrounds, recreational facilities, programs, and future needs. Resolution No. 1073, City of Plantation. Accordingly, members of the parks and recreation advisory board are not deemed to be local officers and therefore are not subject to financial disclosure.