CEO 76-152 -- September 13, 1976

REGIONAL LIBRARY BOARD

APPLICABILITY OF DISCLOSURE LAW TO MEMBERS

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

Prepared by: Gene Rhodes

SUMMARY:

A regional library board charged with the responsibilities of recommending policies regarding the operation of the library system, reviewing the prepared annual budget, and making recommendations to and approving proposals submitted by the library director is deemed to constitute an advisory body pursuant to the definition of that term contained in Florida Statute s. 112.313(1)(1975). Its members therefore do not constitute local officers and are not required to file statements of financial disclosure.

QUESTION:

Are the members of a regional library board local officers subject to the annual filing of financial disclosure?

This question is answered in the negative.

The Code of Ethics for Public Officers and Employees requires that each local officer file a statement of financial interests on an annual basis. Fla. Stat. s. 112.3145(2)(b)(1975). The term "local officer" is defined to include:

Any 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).]

Accordingly, the members of the regional library board are local officers unless that body can be deemed advisory for purposes of the Code of Ethics. The code defines the term "advisory body" to mean

[a]ny board, commission, committee, council, or authority, however selected, whose total budget, appropriations, or authorized expenditures constitute less than 1 percent of the budget of each agency it serves or $100,000, whichever is less, and whose powers, jurisdiction, and authority are solely advisory and do not include the final determination or adjudication of any personal or property rights, duties, or obligations, other than those relating to its internal operations. [Fla. Stat. s. 112.313(1)(1975).]

You have advised our staff that the library board has no budget and, therefore, meets the financial requirements for an advisory body. The supplemental material that you supplied states that the library board is responsible for recommending policies regarding the operation of the library system, for reviewing the prepared annual budget, and for making recommendations when necessary, and approving proposals submitted by the library director before passing them on to the appropriate governing body. These are solely advisory functions.

Consequently, members of the regional library board are not deemed to be local officers subject to financial disclosure.