CEO 77-136 -- August 24, 1977

NONPROFIT CORPORATION PROVIDING MENTAL HEALTH SERVICES

APPLICABILITY OF STATUTORY FINANCIAL DISCLOSURE PROVISIONS TO MEMBERS OF BOARD OF DIRECTORS

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

Prepared by: Phil Claypool

SUMMARY:

A nonprofit corporation which contracts with a district mental health board to provide mental health services in three counties of the state is merely a service provider and has been delegated no functions or authority by state law, unlike the district mental health boards which perform various functions under part IV of Ch. 394, F. S., the Community Mental Health Act. Members of the board of directors of such corporation therefore are not members of a board of a political subdivision of the state and, accordingly, do not meet the definition of "local officer" for purposes of the annual filing of financial disclosure. Section 112.3145(1)(a)2., F. S.

QUESTION:

Are the members of the Board of Directors of West Central Florida Human Resources Centers, Inc., a nonprofit corporation which provides mental health services, "local officers" for purposes of filing financial disclosure?

Your question is answered in the negative.

In your letter of inquiry you advise that West Central Florida Human Resources Centers, Inc., is a nonprofit corporation which contracts with the District III Mental Health Board to provide mental health services in three counties of the state. In a telephone conversation with our staff, you confirmed that the corporation is merely a service provider and has been delegated no functions or authority by state law, unlike the district mental health boards which perform various functions under part IV of Ch. 394, F. S., the Community Mental Health Act.

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]ny appointed member of a board . . . of any political subdivision of the state . . . ." Section 112.3145(1)(a)2., F. S. 1975. As West Central Florida Human Resources Centers, Inc., has been delegated none of the sovereign power of the state or of any political subdivision, we find that the members of its board of directors are not members of a board of a political subdivision of the state.

Accordingly, we find that the members of the Board of Directors of West Central Florida Human Resources Centers, Inc., are not "local officers" and therefore are not required to file financial disclosure.