CEO 77-115 -- July 21, 1977

DISTRICT MENTAL HEALTH BOARD

APPLICABILITY OF FINANCIAL DISCLOSURE PROVISIONS TO MEMBERS

To: Art Clark, President, West Coast Mental Health Board, Inc., Sarasota

Prepared by: Phil Claypool

SUMMARY:

Reference is made to CEO 75-2, an earlier opinion, finding that members of a district mental health board are subject to financial disclosure. Although the applicable provisions have been amended slightly since issuance of that opinion, there is no evidence of any intent to exclude members of district mental health boards from the requirement to file financial disclosure. Accordingly, such members are deemed to constitute "local officers" for purposes of financial disclosure pursuant to s. 112.3145, F. S. 1975.

QUESTION:

Are the members of a district mental health board "local officers" for purposes of filing financial disclosure?

Your question is answered in the affirmative.

Enclosed please find a copy of CEO 75-2, an earlier opinion of this commission, finding that a district mental health board was required to file financial disclosure. The law at the time that opinion was issued provided that persons required to file financial disclosure included:

Members of boards, commissions, authorities, and special taxing districts, and the head of each state agency, however selected, but excluding advisory board members. [Section 112.312(7)(b), F. S. (1974 Supp.).]

At the present time persons required to file financial disclosure 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), F. S. (1976 Supp.).]

It is our opinion that, in so amending the law, the Legislature did not intend to exclude members of district mental health boards from the requirement to file financial disclosure and that the rationale contained in CEO 75-2 remains applicable.

Accordingly, we find that the members of a district mental health board are "local officers" for purposes of filing financial disclosure annually.