CEO 76-82 -- April 16, 1976

CITIZENS TASK FORCE

APPLICABILITY OF FINANCIAL DISCLOSURE LAW TO MEMBERS

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

Prepared by: Bonnie Johnson

SUMMARY:

A member of a county citizens task force, established for the purpose of reviewing proposed zoning and sign codes, is a local officer subject to disclosure provisions of the Code of Ethics for Public Officers and Employees. Florida Statute s. 112.3145(1)(a)2.(1975) defines the term "local officer" to include members of all boards other than advisory bodies. This provision goes on to state specifically, however, that "[a] governmental body with land-planning, zoning, or natural resources responsibilities shall not be considered an advisory body."

QUESTION:

Is a member of a county citizens task force established for the purpose of reviewing proposed zoning and sign codes a "local officer" for purposes of disclosures required by the Code of Ethics for Public Officers and Employees?

Your question is answered in the affirmative.

The subject citizens task force was established by County Resolution No. R-75-836 as an advisory committee consisting of representatives from several professional societies and associations of the county, such members being approved by the board of county commissioners. The committee is charged with the periodic review of the provisions of the county zoning code, landscape code, sign code, subdivision regulations, and such other ordinances, rules, and regulations as specifically authorized by the board of county commissioners. Subsequent to the consideration of such codes and regulations, the task force makes recommendations to the board of county commissioners.

The Code of Ethics for Public Officers and Employees requires that each "local officer" annually file a statement of financial disclosure and file quarterly, if applicable, a disclosure of clients represented before agencies. The term "local officer" is defined to include:

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. [Emphasis supplied; Fla. Stat. s. 112.3145(1)(a)2.(1975).]

Clearly, the responsibilities of the subject citizens task force lie in the area of zoning. Consequently, the task force may not be considered an advisory body, pursuant to the italicized language above. Its members therefore are deemed to be "local officers" subject to the disclosure requirements of Florida Statute s. 112.3145(1975).