CEO 76-149 -- September 13, 1976

PRETRIAL PROGRAM SUPERVISOR

APPLICABILITY OF DISCLOSURE LAW

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

Prepared by: Gene Rhodes

SUMMARY:

The Code of Ethics 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 by the code to include the bureau chief of any state department or any person having the power normally conferred upon a bureau chief by whatever title. Fla. Stat. s. 112.3145(1)(b)3.(1975). Where a comparison of job descriptions reveals that a pretrial intervention program supervisor with the state parole and probation commission exercises responsibilities generally conferred upon bureau chiefs, said program supervisor is deemed to constitute a specified employee subject to the annual filing of financial disclosure.

QUESTION:

Am I, as supervisor of the state pretrial program, subject to the annual filing of financial disclosure?

This question is answered in the affirmative.

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

Each appointed secretary, assistant secretary, deputy secretary, executive director, assistant executive director, or deputy executive director of each state department, commission, board or council; unless otherwise provided, the division director, assistant division director, deputy director, bureau chief, assistant bureau chief of any state department or division; or any person having the power normally conferred upon such persons, by whatever title. [Fla. Stat. s. 112.3145(1)(b)3.(1975).]

Accordingly, one is required to file a statement of financial interests if he has the power normally conferred on a bureau chief.

For comparative purposes we have examined the responsibilities and administrative status of chiefs of the following five state bureaus: State Library Services, Driver Improvement, Corporation Records, Field Operations-Drivers Licenses, and State Markets.

Three of the five bureau chiefs listed above are under the direction or supervision of an assistant director; the fourth works under a director, and the fifth under an administrative superior. All five are classified in pay grade 22, as are you.

You have advised us that, as ____ Intervention Program Supervisor, you work under the field services director who also serves as the ____ Project Director, working under the Director of the ____ Commission. Therefore, your position in the administrative hierarchy is equivalent to that of four of the five bureau chiefs examined.

Secondly, a bureau chief's work is described as either highly responsible administrative work, responsible administrative work, or merely administrative work. Your job is described as responsible administrative work.

Finally, the descriptions of the powers and duties of the bureau chiefs are couched in terms of planning, organizing, directing, supervision, and coordinating. Your duties include designing and implementing reporting systems to provide feedback on pretrial service activities, coordinating the establishment of pretrial service delivery centers and the delivery of community services to pretrial cases, directing the activities of the precommunity services to pretrial cases, and monitoring the pretrial intervention services.

For the above-stated reasons we find you to possess the power normally conferred upon a bureau chief. Therefore, you are a specified employee and accordingly are required to file a statement of financial interests.