CEO 76-178 -- October 25, 1976

NURSING HOME ADVISORY BOARDS

APPLICABILITY OF DISCLOSURE LAW TO MEMBERS

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

Prepared by: Roger Merriam

SUMMARY:

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 an appointed member of any board of a political subdivision of the state. Fla. Stat. s. 112.3145(2)(a)(1975). Accordingly, only members of local governmental bodies constitute local officers for purposes of financial disclosure. An advisory committee to a nonprofit corporation and an incorporated advisory council on home nursing services are private rather than governmental entities. Members of such boards therefore do not constitute local officers subject to financial disclosure.

QUESTIONS:

1. Am I, as a volunteer member of the Community Advisory Committee of the ____ Inc., a local officer and therefore required to file an annual statement of financial disclosure?

2. Am I, as a member of the ____ Home Nursing Advisory Council, Inc., a local officer required to file an annual statement of financial disclosure?

Question 1 is answered in the negative.

You state in your letter of inquiry that you are a member of the Community Advisory Committee of the ____, Inc., a private, nonprofit corporation engaged in providing health care services to Medicaid patients.

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

The italicized language above makes it clear that only members of local governmental bodies constitute local officers for purposes of financial disclosure. As ____ Inc. is a private corporation, it is not a local governmental board. Therefore, its members or any members of its advisory committees are not local officers and accordingly are not subject to the filing of financial disclosure.

Question 2 is answered in the negative.

You state in your letter of inquiry that you are a volunteer member of the ____ Home Nursing Advisory Council, Inc., a private, nonprofit corporation engaged in furnishing Medicare services.

This question is substantially the same as question 1 above. As the ____ Home Nursing Council, Inc., is a private rather than a governmental entity, its members do not constitute local officers and therefore are not subject to the filing of financial disclosure.