CEO 76-69 -- April 16, 1976

PURCHASING AGENT

APPLICABILITY OF THE CODE OF ETHICS

To: (Name withheld at the person's request.)

Prepared by: Gene Rhodes

SUMMARY:

Pursuant to the definition of "local officer" contained in Florida Statute s. 112.3145(2)(b)(1975), which includes a "purchasing agent having the authority to make any purchase exceeding $100 for any political subdivision of the state or any entity thereof," the administrator of a park district who serves as purchasing agent for the district constitutes a local officer and therefore is subject to the filing of financial disclosure. The standards of conduct provisions of the Code of Ethics apply to all public officers and employees. Consequently, the subject park administrator is subject to these provisions, also.

QUESTIONS:

1. Is the park administrator of a park district created by a special act of the Florida Legislature who serves as purchasing agent for such district required to file annually a statement of financial disclosure?

2. Is the park administrator of a park district created by a special act of the Florida Legislature subject to the standards of conduct provisions of the Code of Ethics for Public Officers and Employees?

Question 1 is answered in the affirmative.

You have advised us in your letter of inquiry that the above- mentioned park district is a special taxing district created by special act of the Florida Legislature (Laws of Florida, Special Acts, Ch. ____). The subject park administrator has advised us that, as a purchasing agent for the park district, he is authorized to make purchases up to $3,000.

The Code of Ethics for Public Officers and Employees requires that local officers annually file a statement of financial disclosure. See Fla. Stat. s. 112.3145(2)(b)(1975). The code further defines the term "local officer" to include:

Any person holding one or more of the following positions, by whatever title, including persons appointed to act directly in such capacity, but excluding assistants and deputies unless specifically named herein: clerk of the circuit court; clerk of the county court; county or city manager; political subdivision chief; county or city administrator; county or city attorney; chief county or city building inspector; county or city water resources coordinator; county or city pollution control director; county or city environmental control director; county or city administrator with power to grant or deny a land development permit; chief of police; fire chief; city or town clerk; district school superintendent; community college presidents; or a purchasing agent having the authority to make any purchase exceeding $100 for any political subdivision of the state or any entity thereof. [Emphasis supplied; Fla. Stat. s. 112.3145(1)(a)3.(1975).]

A park district is a political subdivision pursuant to Fla. Stat. s. 1.01(9)(1975). Consequently, as a purchasing agent having the authority to make purchases exceeding $100 for a political subdivision of this state, the subject park administrator is required to file a statement of financial disclosure, CE Form 1, on an annual basis.

Question 2 is answered in the affirmative.

Each standard of conduct contained in Fla. Stat. s. 112.313 applies both to public officers and public employees. As an employee of a political subdivision of the state, the subject park administrator is a public employee and therefore is subject to the standards of conduct provisions of the Code of Ethics.