CEO 76-97 -- May 17, 1976

PLANNING DIRECTOR

APPLICABILITY OF THE CODE OF ETHICS

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

Prepared by: Gene Rhodes

SUMMARY:

Local officers subject to financial disclosure are enumerated in Florida Statute s. 112.3145(2)(b)(1975). Pursuant to the positions set forth in this section, a municipal planning director who does not have power to grant or deny a land development permit and has no purchasing authority is not deemed to be a local officer and therefore is not subject to financial disclosure.

QUESTION:

Am I, as director of a city planning department, a local officer subject to the filing of financial disclosure?

Your question is answered in the negative.

You advised us in your letter of inquiry that as director of the city planning department you are accountable to the city manager. You do not have the power to grant or deny a land development permit, and you are not a purchasing agent.

The Code of Ethics for Public Officers and Employees requires that each "local officer" file a statement of financial disclosure. Fla. Stat. s. 112.3145(2)(b)(1975). The term "local officer" is defined in s. 112.3145(1)(a). Based on the information you have submitted to us, we find that you do not fall within this definition and therefore are not required to file a statement of financial disclosure. Your question is answered accordingly in the negative.