CEO 77-92 -- July 21, 1977

SUNSHINE AMENDMENT

WHEN ELECTED CONSTITUTIONAL OFFICER BECOMES REQUIRED TO FILE FULL AND PUBLIC FINANCIAL DISCLOSURE PURSUANT TO s. 8, ART. II, STATE CONST.

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

Prepared by: Phil Claypool

SUMMARY:

Reference is made to CEO 77-90. As members of district school boards constitute elected constitutional officers pursuant to s. 4, Art. IX, State Const., an elected school board member who held office on or after January 4, 1977, the effective date of s. 8, Art. II, State Const., is required by subsection (a) therein to make full and public disclosure of his financial interests in the manner and at the time specified by subsection (h) of the amendment.

QUESTION:

At what time do members of district school boards become legally bound to file full and public disclosure of financial interests as provided in s. 8, Art. II, State Const.?

In your letter of inquiry you advise that you are the Chairman of the Manatee County School Board and that you wish to know at what time you become legally obligated to file financial disclosure under the mandate of the Sunshine Amendment.

That amendment, s. 8, Art. II, State Const., provides in subsection (a):

All elected constitutional officers and candidates for such offices and, as may be determined by law, other public officers, candidates, and employees shall file full and public disclosure of their financial interests.

This subsection presently is implemented by subsection (h), the schedule of the amendment, which provides in pertinent part:

Schedule -- On the effective date of this amendment and until changed by law:

(1) Full and public disclosure of financial interests shall mean filing with the secretary of state by July 1 of each year a sworn statement showing net worth and identifying each asset and liability in excess of $1,000 and its value together with one of the following:

a. A copy of the person's most recent federal income tax return; or

b. A sworn statement which identifies each separate source and amount of income which exceeds $1,000 . . . .

Members of school boards are elected constitutional officers. Section 4, Art. IX, State Const. The effective date of the Sunshine Amendment was January 4, 1977, which was the first Tuesday after the first Monday in January following the election at which the amendment was approved by vote of the electors. Section 5(6), Art. XI, State Const. Therefore, in our view, beginning on January 4, 1977, and since that time each member of a school board in this state has had the continuing obligation to file full and public disclosure of his financial interests in accordance with the schedule of the amendment.

Accordingly, we are of the opinion that if you have been a member of the school board on or after January 4, 1977, you are required by s. 8, Art. II, State Const., to make full and public disclosure of your financial interests in the manner and at the time specified by subsection (h) of that section.