CEO 77-46 -- March 9, 1977

NORTHWEST FLORIDA WATER MANAGEMENT DISTRICT

APPLICABILITY OF DISCLOSURE LAW TO EXECUTIVE DIRECTOR AND MEMBERS OF GOVERNING BOARD

To: David A. Barrett, Attorney for Northwest Florida Water Management District, Tallahassee

Prepared by: Bonnie Johnson

SUMMARY:

As the responsibilities of the governing board of the Northwest Florida Water Management District are in the area of natural resources, and as its powers are regulatory in nature, it does not meet the definition of "advisory body" contained in s. 112.3145(1)(a)2. or s. 112.312(1), F. S. (1976 Supp.). Members of the governing board therefore constitute local officers and accordingly are subject to the annual filing of financial disclosure. Section 112.3145(2)(b), F. S. 1975. The executive director of the district constitutes a political subdivision chief and therefore also is a local officer subject to disclosure. Section 112.3145(1)(a)3., F. S. 1975.

QUESTIONS:

1. Are members of the governing board of the Northwest Florida Water Management District local officers subject to the annual filing of financial disclosure?

2. Is the Executive Director of the Northwest Florida Water Management District a local officer subject to the annual filing of financial disclosure?

Question 1 is answered in the affirmative.

The Northwest Florida Water Management District was created by s. 373.069, F. S. 1975, for the purpose of assisting in the management of water and related land resources; promoting the conservation, development, and proper utilization of surface and ground water; developing and regulating public works to provide water storage for beneficial purposes; preventing damage from floods, soil erosion, and excessive drainage; and otherwise promoting the health, safety, and general welfare of the citizens of the district. Members of the governing board are appointed by the Governor, subject to confirmation by the Senate, to 4-year terms.

The Code of Ethics for Public Officers and Employees requires that each local officer annually file a statement of financial interests. Section 112.3145(2)(b), F. S. 1975. The term "local officer" is defined 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. A governmental body with land-planning, zoning, or natural resources responsibilities shall not be considered an advisory body. [Section 112.3145(1)(a)2., F. S. 1975.]

A "political subdivision" in turn, is defined in the statutes to include

counties, cities, towns, villages, special tax districts, special road and bridge districts, bridge districts and all other districts in this state. [Section 1.01(9), F. S. 1975; emphasis supplied.]

As the Northwest Florida Water Management District is a statutorily defined district within the state pursuant to s. 373.069, it constitutes a political subdivision within the above-quoted definition. Inasmuch as the responsibilities of the district are in the area of natural resources, its governing board may not be deemed an advisory body within the terms of s. 112.3145(1)(a), quoted above. Further, the general powers and duties of the governing board, as set forth in s. 373.083, preclude it from being deemed an advisory body within the definition of that term contained in s. 112.312(1), F. S. (1976 Supp.). Accordingly, appointed members to the governing board of the Northwest Florida Water Management District constitute local officers subject to the annual filing of financial disclosure.

Question 2 is answered in the affirmative.

The term "local officer" is further defined within the Code of Ethics to include the following persons:

Any person holding one or more of the following positions, by whatever title, including persons appointed to act directly in such capacity, but excluding assistants and deputies unless specifically named herein . . . county or city manager; political subdivision chief; county or city administrator . . . or a purchasing agent having the authority to make any purchase exceeding $100 for any political subdivision of the state or any entity thereof. [Section 112.3145(1)(a)3., F. S. 1975.]

As the Executive Director of the Northwest Florida Water Management District, who is employed by the governing board, is the chief administrative officer of the district, he constitutes a "political subdivision chief" within the above definition. He, too, accordingly constitutes a local officer subject to the annual filing of financial disclosure.