CEO 76-130 -- July 26, 1976

FINANCIAL DISCLOSURE

DUTY OF AGENCY HEAD TO PROVIDE FORMS AND NOTICE OF DEADLINES

To: Winston G. Walker, City Manager, Fort Walton Beach

Prepared by: Bonnie Johnson

SUMMARY:

Local agency heads are required by law to transmit disclosure forms and a notice of the filing deadlines to local officers, as defined in Florida Statute s. 112.3145(1)(a)(1975), at least 30 days prior to the filing deadline. Fla. Stat. s. 112.3145(5)(1975). The law does not charge local agency heads with the duty to follow up on, or verify the contents of, such statements, however. The responsibility for the execution and filing of disclosure forms rests with the disclosing person.

QUESTION:

As an agency head, is my responsibility under Florida Statute s. 112.3145(5)(1975) limited to providing subject officers and employees in my municipality with disclosure forms and a notice of filing deadlines?

Your question is answered in the affirmative.

The Code of Ethics for Public Officers and Employees provides in relevant part:

The Secretary of State shall by certified mail, return receipt requested, send a copy of the forms required by this part and by s. 111.011, together with a notice of the filing deadlines to each state officer and specified employee no later than 30 days prior to the annual or semiannual disclosure deadlines. The agency head shall send said forms and notice to each local officer no later than 30 days prior to the annual or semiannual disclosure deadlines. However, the requirements of this subsection shall not apply to candidates or to the first filing required of any state officer, specified employee, or local officer. [Fla. Stat. s. 112.3145(5)(1975).]

Accordingly, local agency heads are required by law to transmit disclosure forms and a notice of the filing deadlines to local officers, as defined in Fla. Stat. s. 112.3145(1)(a), at least 30 days prior to the filing deadline. At our meeting on March 12, 1976, we determined that the responsibility to provide a notice of deadlines may be fulfilled by the transmittal, along with the disclosure forms, of the brochure entitled "A Guide to the Code of Ethics for Public Officers and Employees," promulgated by this commission. The agency head has no duty to follow up on disclosure filings, however. See CEO 76-95, a copy of which is enclosed.