CEO 77-140 -- August 24, 1977

MUNICIPAL PUBLIC EMPLOYEES RELATIONS COMMISSION

APPLICABILITY OF STATUTORY FINANCIAL DISCLOSURE PROVISIONS TO MEMBERS

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

Prepared by: Phil Claypool

SUMMARY:

A municipal public employees relations commission, created to act in city employee collective bargaining matters in lieu of the State of Florida Public Employees Relations Commission, does not meet the definition of "advisory body" contained in s. 112.312(1), F. S. 1975, because its responsibilities are not solely advisory. Consequently, members of the committee meet the definition of "local officer" contained in s. 112.3145(1)(a)2. and are subject to the annual filing of financial disclosure pursuant to s. 112.3145(2)(b).

QUESTION:

Am I, a member of the City of Delray Beach Public Employees Relations Commission, a "local officer" for purposes of filing financial disclosure?

Your question is answered in the affirmative.

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:

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)2., F. S. 1975.]

In turn, "advisory body" is defined to mean:

[A]ny board, commission, committee, council, or authority, however selected, whose total budget, appropriations, or authorized expenditures constitute less than 1 percent of the budget of each agency it serves or $100,000, whichever is less, and whose powers, jurisdiction, and authority are solely advisory and do not include the final determination or adjudication of any personal or property rights, duties, or obligations, other than those relating to its internal operations. [Section 112.312(1), F. S. 1975.]

The City of Delray Beach, in Ordinance No. 33-75, has created a Public Employees Relations Commission, composed of three members appointed by the city council, to act in city employee collective bargaining matters in lieu of the State of Florida Public Employees Relations Commission, as allowed by the local option provision in the public sector labor law, s. 447.603, F. S. 1975. Clearly, the powers of this commission under Ordinance No. 33-75 are not solely advisory. The commission has the authority to certify employee organizations as their collective bargaining representative [s. 1.009]; to appoint a special master to aid in the resolution of certain collective bargaining impasses [s. 1.012]; to investigate charges of unfair labor practices and issue cease and desist orders or other affirmative orders [s. 1.017]; and to order termination of a public employee who has participated in a strike and issue cease and desist orders and levy fines against employee organizations which have instigated or supported a strike [s. 1.019].

Accordingly, we find that the City of Delray Beach Public Employees Relations Commission is not an "advisory body" and therefore that the members of the commission are "local officers" who are required to file financial disclosure annually.