CEO 77-100 -- July 21, 1977

APPOINTED SUPERINTENDENT OF SCHOOLS

APPLICABILITY OF FULL AND PUBLIC FINANCIAL DISCLOSURE PROVISIONS OF s. 8(a), Art. II, STATE CONST.

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

Prepared by: Phil Claypool

SUMMARY:

Section 8, Art. II, State Const., the Sunshine Amendment, provides in subsection (a) that all elected constitutional officers and candidates for such offices shall file full and public disclosure of their financial interests. Subsection (h) further provides that all persons holding statewide elective offices shall make such disclosure. Section 5, Art. IX, State Const. requires each school district to have a superintendent of schools, who may be either elected or employed by the district school board. As the Sunshine Amendment has not yet been extended by statute to require anyone other than elected officers to file full and public disclosure, an appointed superintendent of schools is not deemed to be subject to the full and public disclosure requirements of that amendment. However, pursuant to s. 112.3145(1)(a)3., F. S. 1975, a school superintendent constitutes a "local officer" subject to the more limited disclosure requirements of s. 112.3145.

QUESTION:

Is an appointed superintendent of schools required to file full and public disclosure of his financial interests pursuant to s. 8, Art. II, State Const.?

Your question is answered in the negative.

In your letter of inquiry you have stated that you have been appointed to serve as Superintendent of Schools for the Lee County School District.

Section 8(a), Art. II, State Const., states:

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.

Subsection (h) of that section also requires all persons holding statewide elective offices to file full and public disclosure of their financial interests. Each school district is required to have a superintendent of schools who may be either elected or employed by the district school board. Section 5, Art. IX, State Const.

As s. 8, Art. II, has not yet been extended by statute to require anyone other than elected officers to file full and public disclosure, and as you have not been elected to the position of superintendent, we find that you are not required to file full and public disclosure of your financial interests pursuant to the constitutional amendment. However, pursuant to s. 112.3145(1)(a)3., F. S. 1975, you constitute a "local officer" for purposes of the annual filing of more limited financial disclosure under s. 112.3145(3).