CEO 77-101 -- July 21, 1977

PLANNING ADVISORY COMMITTEE TO PLANNING AND ZONING BOARD

APPLICABILITY OF FINANCIAL DISCLOSURE PROVISIONS

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

Prepared by: Phil Claypool

SUMMARY:

For purposes of the annual filing of financial disclosure pursuant to s. 112.3145, F. S. 1975, the term "local officer" is defined to include an appointed member of any board, excluding any member of an advisory body; providing, however, that a governmental body with land planning, zoning, or natural resources responsibilities does not constitute an advisory body. Although a municipal planning advisory committee to the planning and zoning board performs only advisory functions, its responsibilities lie in the area of land planning and zoning, and it therefore may not be deemed to be an advisory body within the meaning of the Code of Ethics. Members of such committee therefore constitute local officers subject to the annual filing of financial disclosure required by s. 112.3145(2)(b).

QUESTION:

Are the members of a planning advisory committee to a city planning and zoning board "local officers" for purposes of financial disclosure?

Your question is answered in the affirmative.

In your letter of inquiry you have stated that the City of Pinellas Park has a planning advisory committee which makes no decisions, but which submits their comments and recommendations to the city's planning and zoning board.

The Code of Ethics for Public Officers and Employees provides that each "local officer" must file financial disclosure annually. Section 112.3145(2)(b), F. S. 1975. The term "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.]

Therefore, an appointed member of a committee which meets the requirements for being an "advisory body" set forth in s. 112.312(1), F. S. 1975, is not a "local officer" unless that committee has land planning, zoning, or natural resources responsibilities.

In the present case, although the planning advisory committee clearly performs only advisory functions, its responsibilities lie in the area of land planning and zoning; therefore, it may not be deemed to be an "advisory body." Accordingly, we find that the members of the Planning Advisory Committee to the Pinellas Park Planning and Zoning Board are "local officers" subject to the annual filing of financial disclosure.