CEO 77-19 -- February 17, 1977

FINANCIAL DISCLOSURE

DUPLICATE FILING NOT REQUIRED FOR SAME DISCLOSURE PERIOD

To: Leslie R. Stein, Assistant General Counsel, University of South Florida, Tampa

Prepared by: Phil Claypool

SUMMARY:

A public officer who has filed financial disclosure as a member of a statewide committee and as the interim president of a state university is not required to file an additional disclosure within the same year by virtue of his reappointment to the state committee. See s. 112.3145(6), F. S. (1976 Supp.). Similarly, a public officer who holds two state offices need not file separate statements of financial interests or quarterly client disclosures for each office held.

QUESTIONS:

1. Must a public officer who has filed financial disclosure as a member of the statewide Human Rights Advocacy Committee and as the interim president of a state university file an additional disclosure form because of his reappointment to the committee?

2. Must a public officer who holds two state offices file a separate statement of financial interests for each office?

3. Must a public officer who holds two state- level offices file duplicate quarterly client disclosure?

Question 1 is answered in the negative.

You have stated in your letter of request that Mr. William Reece Smith, Jr., has filed financial disclosure as a member of the statewide Human Rights Advocacy Committee and has filed financial disclosure on September 27, 1976, by virtue of his appointment as Interim President of the University of South Florida. He has been reappointed to the statewide Human Rights Advocacy Committee and wishes to know if he must file financial disclosure again because of his reappointment.

The Code of Ethics for Public Officers and Employees provides:

A public officer who has filed a disclosure for any calendar or fiscal year shall not be required to file a second disclosure for the same year or any part thereof notwithstanding any requirement of this act. [Section 112.3145(6), F. S. (1976 Supp.).]

Accordingly, having already filed disclosures, the subject official need not file a disclosure form again until the expiration of the calendar or fiscal year following the year which his past disclosures have covered. At that time he will have until noon on July 15, 1977, to file a disclosure form which would cover the calendar or fiscal year which has most recently ended.

Question 2 is answered in the negative, based upon s. 112.3145(6), which is quoted above. Instead of filing two separate statements, the subject official is required only to file one statement of financial interests for the disclosure period. The statement that is filed, however, should indicate both offices for which he is filing.

Question 3 is answered in the negative.

Section 112.3145(4), F. S. (1976 Supp.), requires each state officer to file a quarterly report of clients represented for a fee or commission before agencies at his level of government. "Level of government" for purposes of quarterly client disclosure means either state level agencies or agencies below state level.

As interim president of a state university and member of the statewide Human Rights Advocacy Committee, the subject official serves in two state-level capacities and therefore is required to disclose the names of clients represented before state agencies. Although s. 112.3145(6), above, does not apply to quarterly disclosure, we feel that the requirement that each state officer file quarterly client disclosure is satisfied by the filing of a single such statement where the official holds multiple positions, each of which would require the filing of duplicate information with the same repository. See CEO 75-160. In the interest of accuracy and economy, however, we feel that all public positions held should be indicated on the single form filed by the subject official.