CEO 77-141 -- August 24, 1977

MUNICIPAL RECREATION BOARD; CULTURAL FACILITIES AND AFFAIRS BOARD

APPLICABILITY OF STATUTORY FINANCIAL DISCLOSURE PROVISIONS TO MEMBERS

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

Prepared by: Phil Claypool

SUMMARY:

Section 112.3145(2)(b), F. S. 1975, requires that each "local officer" annually file a statement of financial interests. The term "local officer" is defined by s. 112.3145(1)(a)2. to include an appointed member to any board of a political subdivision excluding a member of an advisory body. An "advisory body" is further defined within the Code of Ethics to mean, in part, a board whose duties are solely advisory. Section 112.312(1), F. S. A municipal recreation board which is empowered to provide, conduct, and supervise public playgrounds, athletic fields, recreation centers, and other recreation facilities and activities and to conduct any form of recreation or cultural activity to employ leisure time is not solely advisory. Nor is a cultural facilities and affairs board which has the responsibility of establishing and overseeing rules and regulations of the cultural facilities owned by the city. Accordingly, members of both boards constitute local officers subject to the annual filing of financial disclosure.

QUESTION:

Are the members of the City of Pensacola Recreation Board and of the city Cultural Facilities and Affairs Board "local officers" 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.]

We find that the powers and duties of these two boards are not solely advisory and that therefore they are not "advisory bodies." See CEO's 75-9 and 76-192. The recreation board is empowered to provide, conduct, and supervise public playgrounds, athletic fields, recreation centers, and other recreation facilities and activities and to conduct any form of recreation or cultural activity that will employ leisure time of the people in a constructive and wholesome manner. Section 46-3, Pensacola Code. The cultural facilities and affairs board has the responsibility of establishing and overseeing rules and regulations of the cultural facilities owned by the city. Section 20-6, Pensacola Code. In our view, the duties of these two boards are not solely advisory, and their members therefore constitute local officers subject to disclosure mandated by s. 112.3145, F. S. 1975. Accordingly, your question is answered in the affirmative.