CEO 76-168 -- September 13, 1976

CENTRAL FLORIDA COMMISSION ON THE STATUS OF WOMEN

APPLICABILITY OF DISCLOSURE LAW TO MEMBERS

To: Gerald S. Livingston, Attorney for the Central Florida Commission on the Status of Women, Winter Park

Prepared by: Gene Rhodes

SUMMARY:

The interlocal agreement creating the Central Florida Commission on the Status of Women states that the duties, functions, powers, and responsibilities of said commission are purely advisory. Further, the commission's budget is less than $100,000 and less than 1 percent of the budget of each agency it serves. Accordingly, the commission constitutes an advisory body within the definition of that term as found in s. 112.312(1)(1975), and its members accordingly are not subject to financial disclosure requirements of s. 112.3145(1)(a)2. and (2)(b).

QUESTION:

Are the members of the Central Florida Commission on the Status of Women local officers within the meaning of that term as it is defined by the Code of Ethics for Public Officers and Employees and, therefore, required to file statements of financial interests?

This question is answered in the negative.

The Code of Ethics for Public Officers and Employees requires that each local officer annually file a statement of financial interests. 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).]

The term "advisory body" is defined as

[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. 112.312(1)(1975).]

You have advised our staff by telephone that the total budget, appropriations, and authorized expenditures of the Central Florida Commission on the Status of Women (CFCSW) are less than $100,000 and less than 1 percent of the budget of each agency that it principally serves. Consequently, the CFCSW meets the financial requirements of an advisory body. However, to be deemed an advisory body we must further determine whether CFCSW's powers and duties are solely advisory.

The interlocal agreement creating CFCSW states, in pertinent part, as follows:

Section 6. Limitation of Powers. The duties, functions, powers and responsibilities of the Commission shall be purely advisory, voluntary and persuasive. The Commission shall not have any power or authority to subpoena or compel the attendance of witnesses.

Based upon the above statement and the balance of the interlocal agreement, we conclude that the powers and duties of CFCSW are solely advisory. Accordingly, members of CFCSW do not constitute local officers subject to financial disclosure.