CEO 76-96 -- May 17, 1976

ACTING POLICE CHIEF

APPLICABILITY OF FINANCIAL DISCLOSURE LAW

To: Sidney M. Crawford, City Attorney, Frostproof

Prepared by: Bonnie Johnson

SUMMARY:

A person serving as acting police chief of a municipality constitutes a local officer for purposes of the financial disclosure law. The term "local officer" is defined to include a chief of police or any person holding such position by whatever title, including any person appointed to act directly in such capacity. Florida Statute s. 112.3145(1)(a)3.(1975). As a local officer, such acting police chief is subject to the annual filing of financial disclosure.

QUESTION:

Is a person serving as acting police chief of a municipality a "local officer" for purposes of disclosure required by the Code of Ethics for Public Officers and Employees?

This question is answered in the affirmative.

You inform us in your letter of inquiry that the acting police chief was appointed to serve until such time as the position is filled on a permanent basis.

The Code of Ethics requires that each "local officer" file disclosure statements pursuant to the provisions of Florida Statute s. 112.3145(1975). The term "local officer" is defined 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: . . . chief of police; . . . . [Emphasis supplied; Fla. Stat. s. 112.3145(1)(a)3.(1975).]

Inasmuch as the subject acting police chief was appointed to serve in the capacity of a police chief until that position is filled, he falls squarely within the italicized language of the above-cited provision of the law. Accordingly, he is deemed to be a "local officer" for purposes of disclosure.