CEO 76-120 -- July 26, 1976

CITIZENS ADVISORY COMMITTEE

APPLICABILITY OF THE CODE OF ETHICS

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

Prepared by: Gene Rhodes

SUMMARY:

A municipal citizens advisory committee whose main purpose is to aid and assist the city's planning commission in matters of land planning is not deemed to be an advisory body for purposes of the financial disclosure law, as its responsibilities relate to land planning. See Fla. Stat. s. 112.3145(1)(a)2.(1975). Accordingly, members of the committee constitute local officers subject to the annual filing of statements of financial disclosure. Pursuant to the definition of "public officer" contained in s. 112.313(1), which includes persons appointed to hold office in any agency, members of the committee constitute public officers and accordingly are subject to the standards of conduct provisions of the Code of Ethics for Public Officers and Employees.

QUESTIONS:

1. Are the members of my city's citizens advisory committee "local officers" within the meaning of the Code of Ethics for Public Officers and Employees, and, therefore, required to file financial disclosure statements?

2. Are the members of the citizens advisory committee "public officers" for purposes of the Standards of Conduct provisions contained in s. 112.313 and, therefore, subject to those standards?

Question 1 is answered in the affirmative.

Your letter of inquiry advises us that the main purpose of the citizens advisory committee (CAC) is to aid and assist the city's planning commission in matters of land planning.

The Code of Ethics requires that each local officer annually file a statement of financial disclosure. Fla. Stat. s. 112.3145(2)(b)(1975). The term "local officer" is defined to include

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

As the responsibilities of the CAC are in the area of land- planning, it is not an advisory body for purposes of the Code of Ethics. Accordingly, CAC members are local officers and, therefore, are required annually to file financial disclosure statements.

Question 2 is also answered in the affirmative.

For purposes of the Standards of Conduct for Public Officers and Employees of Agencies, the term "public officer" is defined to include "any person elected or appointed to hold office in any agency, including any person serving on an advisory body." Fla. Stat. s. 112.313(1)(1975). Accordingly, CAC members are "public officers" for purposes of the Standards of Conduct and, therefore, are subject to those standards.