CEO 77-80 -- May 19, 1977

WATER WELL CONTRACTORS ADVISORY BOARD TO WATER MANAGEMENT DISTRICT

APPLICABILITY OF FINANCIAL DISCLOSURE LAW TO MEMBERS

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

Prepared by: Phil Claypool

SUMMARY:

The Code of Ethics for Public Officers and Employees provides that all "local officers" are required to file financial disclosure annually. Section 112.3145(2)(b), F. S. 1975. "Local officer" is defined to include any appointed member of a board of any political subdivision of the state excluding members of advisory bodies, provided that a governmental body with natural resources responsibilities shall not be considered an advisory body. Section 112.3145(1)(a)2., F. S. 1975. A water well contractors advisory board whose duties are solely advisory and which has no budget, appropriations, or authorized expenditures meets the definition of "advisory body" contained in s. 112.312(1). And as its duties relate primarily to the water well construction industry rather than to natural resources considerations, it is deemed to be an advisory body for purposes of the disclosure law. Accordingly, members of the board do not constitute local officers subject to financial disclosure.

QUESTION:

Are the members of the Water Well Contractors Advisory Board of the Suwannee River Water Management District "local officers" for purposes of financial disclosure?

Your question is answered in the negative.

According to materials enclosed with your letter of inquiry, the Suwannee River Water Management District Water Well Contractors Advisory Board was created by the district's governing board "in recognition of the close coordination and cooperation necessary between the District and the water well construction industry to achieve effective management of the ground water resources . . . ." The advisory board is composed of the executive director of the district or his representative (a nonvoting member) and five licensed water well contractors from within the district who are appointed by the governing board. The members serve without compensation but may be reimbursed for their actual traveling expenses and subsistence and lodging costs, not to exceed state per diem amounts, while they are on official work for the district. The duty of the advisory board is to review any actions affecting the water well construction industry, to report to the governing board recommendations concerning such actions or conditions, and to assist the governing board by furnishing expert advice concerning the industry.

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. [Section 112.312(1), F. S. 1975.]

It is clear from the above description of the duties of the water well contractors advisory board that its duties are solely advisory and do not include the final determination of any personal or property rights, duties, or obligations. As you have informed our staff that the advisory board has no budget, appropriations, or authorized expenditures and as its duties relate primarily to the water well construction industry rather than natural resources, we find that the advisory board is an "advisory body."

Accordingly, we find that the members of the Suwannee River Water Management District Water Well Contractors Advisory Board are not "local officers" and therefore are not required to make annual financial disclosure.