CEO 76-94 -- May 17, 1976

PURCHASING AGENTS

APPLICABILITY OF THE CODE OF ETHICS

To: F. L. Dorn, Department of Business Regulation, Tallahassee

Prepared by: Gene Rhodes

SUMMARY:

The Code of Ethics for Public Officers and Employees requires that each specified employee annually file a statement of financial disclosure. The term "specified employee" is defined by Florida Statute s. 112.3145(1)(b)5.(1975) to include purchasing agents for any state agency or persons having the power normally conferred upon purchasing agents. Therefore, employees of the Department of Business Regulation who are authorized to sign purchase orders are deemed to be specified employees subject to the filing of financial disclosure.

QUESTION:

Are purchasing agents for the State Department of Business Regulation required to annually file statements of financial disclosure?

Your question is answered in the affirmative.

You advise us in your letter of inquiry that the Department of Business Regulation limits the signing of purchase orders in excess of $100 to 14 employees, but that many more employees, including district supervisor secretaries, sign purchase orders for less than $100.

The Code of Ethics for Public Officers and Employees requires that each "specified employee" annually file a statement of financial disclosure. Fla. Stat. s. 112.3145(2)(b)(1975). The term "specified employee" is defined to include:

Business managers, purchasing agents, finance and accounting directors, personnel officers, and grants coordinators for any state agency, or persons having power normally conferred upon such persons, by whatever title. [Emphasis supplied; Fla. Stat. s. 112.3145(1)(b)5.(1975).]

The power to sign purchase orders is one which is normally conferred upon purchasing agents. Further, as you can see, the above definition does not differentiate between those purchasing agents authorized to sign purchase orders for more than $100 and those authorized to sign such orders for less. Consequently, all purchasing agents in the Department of Business Regulation are required to annually file statements of financial disclosure.