CEO 77-50 -- April 21, 1977
ADVISORY BOARDS
APPLICABILITY OF FINANCIAL DISCLOSURE PROVISIONS TO MEMBERS
To: J. T. Lawhorne, Clerk, Circuit Court, Punta Gorda
Prepared by: Phil Claypool
SUMMARY:
The Code of Ethics for Public Officers and Employees provides 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 members of all boards excluding any member of an advisory body. Section 112.3145(1)(a)2., F. S. 1975. As that section further provides that a governmental body with land planning, zoning, or natural resources responsibilities shall not be considered an advisory body, a member of a county planning and zoning board constitutes a local officer subject to disclosure. The term "advisory body" is defined by s. 112.312(1) to mean, in part, a board whose powers, jurisdiction, and authority are solely advisory. Accordingly, a county building board which is empowered to issue and revoke certificates of competency is not solely advisory. Similarly, a county housing authority which may acquire, lease, and operate housing projects and exercise the power of eminent domain is not an advisory body within the above definition. The administrative boards of regional fire districts serve as the primary administrative and executive authority within each district and, additionally, are authorized to appoint and set the compensation of fire personnel; neither are these responsibilities of an advisory nature. Therefore, members of all the above-named boards constitute local officers subject to the annual filing of statements of financial interests.
QUESTIONS:
1. Are members of the Charlotte County Building Board "local officers" for purposes of financial disclosure?
2. Are the members of the Charlotte County Planning and Zoning Board "local officers" for purposes of financial disclosure?
3. Are the members of the Charlotte-Punta Gorda Water and Sewer Board "local officers" for purposes of financial disclosure?
4. Are members of the Charlotte County Housing Authority "local officers" for purposes of financial disclosure?
5. Are members of the administrative boards of the El Jobean-Gulf Cove Fire District, the Alligator Creek Fire District, and the East Charlotte Fire District "local officers" for purposes of financial disclosure?
Question 1 is answered in the affirmative.
According to information provided to us by your office, the Charlotte County Building Board was created by Ch. 63-1208, Laws of Florida, as amended by Ch. 65-1356, Laws of Florida. As set forth by those acts, the building board has, in part, the following powers and authority: to recommend amendments to the county building code to the board of county commissioners; to recommend building permit and inspection fees to the board of county commissioners; to revoke building permits; to issue and revoke certificates of competency to persons qualified to act as general, electrical, plumbing, or specialty contractors, after conducting examinations of applicants; and to hear complaints against holders of certificates of competency and to revoke or suspend certificates.
The Code of Ethics for Public Officers and Employees provides that each "local officer" shall file annually a statement of financial interests. Section 112.3145(2)(b), F. S. 1975. "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. [Section 112.3145(1)(a)2., F. S. 1975.]
In turn, "advisory body" is defined in s. 112.312(1), F. S. 1975, to mean
any 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.
As the powers of the Charlotte County Building Board, particularly in regard to the issuance and revocation of certificates of competency, are clearly not solely advisory, we find that the members of that board are "local officers" and therefore are subject to the annual filing of financial disclosure.
Question 2 is answered in the affirmative.
According to information provided by your office, the powers and duties of the planning and zoning board are defined in Ch. 63-1209, Laws of Florida, and include the preparation and revision of a comprehensive and coordinated general plan for meeting present requirements and future needs for the orderly development of the county, as well as the determination of whether a specific proposed development conforms to the principles and requirements of the comprehensive plan.
Since this board has land-planning and zoning responsibilities, it is not an advisory body under s. 112.3145(1)(a)2., quoted above. Therefore, the members of the Charlotte County Planning and Zoning Board are local officers for purposes of financial disclosure. Question 3 is answered in the affirmative.
As set forth in the resolution of the board of county commissioners which created the Charlotte-Punta Gorda Water and Sewer Board, the board is to advise the county commissioners and the city council in solving common problems of water and sewer needs and in reviewing all federal water and waste water planning programs, among other duties.
Although the water and sewer board seems to act in a purely advisory capacity, water is a natural resource and the board therefore does have natural resources responsibilities. As a consequence, the members of the water and sewer board are "local officers" for purposes of financial disclosure.
Question 4 is answered in the affirmative.
Housing authorities in counties are created pursuant to s. 421.27, F. S. 1975, and exercise the powers specified in s. 421.08, F. S. 1975. Among the powers enumerated in that provision, each housing authority may acquire, lease, and operate housing projects and exercise the power of eminent domain. As these powers clearly are not solely advisory, the members of the Charlotte County Housing Authority are "local officers" subject to the financial disclosure provisions of the Code of Ethics.
Question 5 is answered in the affirmative.
According to copies of the county ordinances establishing each of these fire districts, the administrative board of each district is appointed by the board of county commissioners and serves as the primary administrative and executive authority within the district. In addition, each administrative board is authorized to appoint and set the compensation for a fire chief, assistant fire chiefs, firefighters, and other personnel as may be deemed necessary, all of whom serve at the pleasure of the administrative board.
We find that this authority is not solely advisory and therefore that the members of the administrative boards of the El Jobean-Gulf Cove Fire District, the Alligator Creek Fire District, and the East Charlotte Fire District are "local officers" for purposes of financial disclosure.