CEO 77-137 -- August 24, 1977

SUPERINTENDENT OF ALCOHOLISM TREATMENT CENTER

APPLICABILITY OF STATUTORY FINANCIAL DISCLOSURE PROVISIONS

To: Benjamin A. Brooks, Administrator, Florida Alcoholism Treatment Center, Avon Park

Prepared by: Phil Claypool

SUMMARY:

The Code of Ethics for Public Officers and Employees provides that each "specified employee" shall file financial disclosure annually. Section 112.3145(2)(b), F. S. 1975. The term "specified employee" relates to employees of the state and is defined to include "the superintendent or director of any major state institution or facility established for training, treatment, or rehabilitation. . . ." Section 112.3145(1)(b)4., F. S. Chapter 396, F. S., known as the Comprehensive Alcoholism Prevention, Control, and Treatment Act, provides that the institution of which the petitioner is superintendent "shall continue as a treatment, training, and research center" operated by a bureau within the Department of Health and Rehabilitative Services. The specificity of this description of the institution is persuasive that the Legislature intended the superintendent of that facility to be subject to financial disclosure, and he accordingly is deemed to constitute a specified employee required to file such disclosure annually.

QUESTION:

Am I, the superintendent of a 58-bed psychiatric hospital and alcoholism treatment center, a "specified employee" for purposes of filing financial disclosure annually?

Your question is answered in the affirmative.

In your letter of inquiry you advise that you are in the Department of Health and Rehabilitative Services in the position of Superintendent of Alcoholic Rehabilitation at the Florida Alcoholism Treatment Center in Avon Park. As the superintendent of that facility, you are the chief administrative officer of a 58-bed psychiatric hospital owned and operated by the state.

The Code of Ethics for Public Officers and Employees provides that each "specified employee" shall file financial disclosure annually. Section 112.3145(2)(b), F. S. 1975. The term "specified employee" relates to employees of the state and is defined to include:

The superintendent or institute director of a mental health institute established for training and research in the mental health field; the superintendent or director of any major state institution or facility established for training, treatment, or rehabilitation; or any person having the power normally conferred on such persons by whatever title. [Section 112.3145(1)(b)4., F. S. 1975.]

Chapter 396, F. S., known as the Comprehensive Alcoholism Prevention, Control, and Treatment Act, provides in part as follows:

The Florida Alcoholism Treatment and Research Center at Avon Park in Highlands County, created under former chapter 396, shall continue as a treatment, training, and research center operated by the bureau. [Section 396.052(1)(d), F. S. 1975.]

The act generally allows the Department of Health and Rehabilitative Services to establish inpatient facilities [s. 396.052(1)(d), supra], but specifically mentions the Avon Park facility. In our view this specificity is persuasive in our conclusion that the Legislature intended the superintendent of that facility to be subject to financial disclosure.

Accordingly, we find that you are a "specified employee" required to file financial disclosure annually.