CEO 77-135 -- August 24, 1977

CITY CHIEF ADMINISTRATIVE OFFICER

APPLICABILITY OF STATUTORY FINANCIAL DISCLOSURE PROVISIONS

To: Herbert L. Underwood, Chief Administrative Officer, Jacksonville

Prepared by: Phil Claypool

SUMMARY:

The Code of Ethics for Public Officers and Employees provides that each "local officer" shall file financial disclosure annually. Section 112.3145(2)(b), F. S. 1975. The term "local officer" is defined to include a "county or city manager; political subdivision chief; county or city administrator . . . county or city administrator, with power to grant or deny a land development permit . . . " or any person holding such positions by whatever title. Section 112.3145(1)(a)3., F. S. Although it is possible to construe the term "city administrator" to designate any person in an administrative capacity within a municipality, other positions designated in this subsection are officers with substantial responsibilities and discretion. A "city administrator" therefore is deemed to be one whose powers and responsibilities are the equivalent of a "county administrator" who, in a noncharter county, is responsible for the administration of all departments of county government. Section 125.73, F. S. In the subject municipality, the mayor is designated the chief executive administrative officer of the consolidated government and therefore it is the mayor who administers and supervises all departments of that government. Based on the job description of the subject city administrator, he is not deemed to meet any of the above definitions of "local officer" and accordingly is not required by the Code of Ethics to file financial disclosure annually.

QUESTION:

Am I, the Chief Administrative Officer of the City of Jacksonville, a "local officer" for purposes of filing financial disclosure?

Your question is answered in the negative.

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 environmental 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; emphasis supplied.]

It is possible to construe the term "city administrator" to designate any person in an administrative capacity within a municipality. However, in light of the fact that the other positions designated in this subsection are officers with substantial responsibilities and discretion, we refuse to do so. We are of the opinion that a "city administrator" is one whose powers and responsibilities are the equivalent of a "county administrator." In a noncharter county, a county administrator is the administrative head of the county, responsible for the administration of all departments of county government which the board of county commissioners has authority to control. Section 125.73, F. S. 1975.

Applying this interpretation to the City of Jacksonville, we note that the mayor is designated the chief executive and administrative officer of the consolidated government and that the mayor is to administer and supervise all departments of the city. Section 6.03, Art. 6, Jacksonville City Charter. Thus, you are not classified as a city administrator. It is apparent that you are not the city manager or the chief of the political subdivision. Nor does it appear, from the description of your position which you have forwarded us, that you have the power to grant or deny a land development permit. Accordingly, we find that you are not a "local officer" and that you are not required by the Code of Ethics to file financial disclosure annually.