CEO 76-27 -- February 13, 1976

WATER QUALITY ADVISORY BOARD

FINANCIAL DISCLOSURE REQUIREMENTS

To: Phyllis Jordahl, City Clerk, Altamonte Springs

Prepared by: Gene Rhodes

SUMMARY:

The Code of Ethics for Public Officers and Employees requires that any appointed member of a board is subject to financial disclosure, excluding any member of an advisory body. This provision, Fla. Stat. s. 112.3145(1)(a)2.(1975), further provides, however, that "[a] governmental body with land planning, zoning or natural resources responsibilities shall not be considered an advisory body." A municipal water quality advisory board clearly exercises authority relating to natural resources. Its members therefore are deemed to be "local officers" subject to financial disclosure.

QUESTION:

Are the members of a city water quality advisory board "local officers" as that term is used 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 affirmative.

The water quality advisory board has the responsibility to investigate and study the conditions and quality of lakes within and adjacent to the city and to submit to the city commission written reports and recommendations as to priorities for the improvement of said lakes. Altamonte Springs Resolution No. 238, ss. 2a. and b.

The Code of Ethics for Public Officers and Employees includes within the definition of the term "local officer":

Any 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).]

It is clear from the above-quoted provision that members of a board having natural resources responsibilities are "local officers" within the meaning of the Code of Ethics. The responsibilities of the water quality advisory board relate solely to natural resources, and, accordingly, its members are "local officers" within the meaning of the Code of Ethics and therefore are required to file statements of financial disclosure.