CEO 77-105 -- July 21, 1977

COUNTY DEPARTMENT OF PUBLIC HEALTH

APPLICABILITY OF FINANCIAL DISCLOSURE PROVISIONS TO EMPLOYEES AND COUNSEL

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

Prepared by: Phil Claypool

SUMMARY:

For purposes of financial disclosure pursuant to s. 112.3145, F. S. 1975, the term "specified employee" applies strictly to specified employees at the state level of government. See CEO 76-54 (question 2). Although county departments of public health are supervised by both the board of county commissioners and the Department of Health and Rehabilitative Services, and employees of a county health unit receive their salaries from the State Treasurer, such employees are not deemed to be primarily at the state level because of the supervisory control exercised over health units by the county. We therefore are of the opinion that if the employees and counsel of a public health department are subject to financial disclosure, it is insofar as they may be considered "local officers" within the definition of that term contained in s. 112.3143(1)(a)2., F. S. Within that definition, only those employees who have the authority to make any purchase exceeding $100 for the public health department are required to file financial disclosure.

QUESTION:

Are the employees of and counsel for a county department of public health "specified employees" for purposes of filing financial disclosure?

Your question is answered in the negative.

The Code of Ethics for Public Officers and Employees provides that all "specified employees" shall file financial disclosure annually. Section 112.3145(2)(b), F. S. 1975. The definition of "specified employee" applies strictly to such employees at the state level of government. See CEO 76-54 (question 2). However, county departments of public health are supervised by both the board of county commissioners and the Department of Health and Rehabilitative Services as follows:

Personnel of health units; duties; compensation, etc. -- The personnel of the minimum full-time local health unit shall consist of a director, a public health nurse, a sanitarian, and a clerk. The director shall be either a doctor of medicine or a doctor of osteopathy. All of the members of such personnel shall be selected from those especially trained in public health administration and practice, so far as the same shall relate to the duties of their respective positions. They shall be employed by the board of county commissioners; provided, however, that no such personnel shall be employed by the board of county commissioners unless such personnel shall be approved by the Division of Health of the Department of Health and Rehabilitative Services. When a vacancy occurs in the position of director of the local health unit, eligible candidates shall be presented to the board of county commissioners and, if no appointment is made within 6 months from the time of this presentation, then the director of the Division of Health shall make the appointment. The duties of said personnel shall be fixed and determined by the Division of Health, upon the approval by the board of county commissioners. The compensation of said personnel shall be determined under the rules and regulations of the Division of Personnel of the Department of Administration. Such employees shall engage in the prevention of disease and the promotion of health in cooperation with, and under the supervision of, the Division of Health. [Section 154.04, F. S. 1975.]

The employees of a county health unit receive their salaries from the State Treasurer, who pays them from a trust fund which is funded by a county property tax. Section 154.02, F. S. 1975.

Despite the degree of supervision over county health unit personnel that is exercised by the Department of Health and Rehabilitative Services, we are of the opinion that they are not strictly employees at the state level of government because of the control exercised over the unit by the county. Accordingly, we find that the employees of and counsel for a county department of health are not "specified employees" for purposes of filing financial disclosure.

Instead, we are of the opinion that, if the employees and counsel of the public health department are subject to financial disclosure, it is insofar as they may be considered "local officers." The term "local officer" is defined to include:

Any person holding one or more of the following positions, by whatever title, including persons appointed to act directly in such capacity, but excluding assistants and deputies unless specifically named herein: clerk of the circuit court; clerk of the county court; county or city manager; political subdivision chief; county or city administrator; county or city attorney; chief county or city building inspector; county or city water resources coordinator; county or city pollution control director; county or city administrator, with power to grant or deny a land development permit; chief of police; fire chief; city or town clerk; district school superintendent; community college presidents; or a purchasing agent having the authority to make any purchase exceeding $100 for any political subdivision of the state or any entity thereof. [Section 112.3145(1)(a)3., F. S. 1975.]

Accordingly, only those persons who have the authority to make any purchase exceeding $100 for the public health department are required to file financial disclosure.