CEO 77-153 -- September 22, 1977

MUNICIPAL FINANCIAL ADVISORY BOARD

APPLICABILITY OF STATUTORY FINANCIAL DISCLOSURE TO MEMBERS

To: Roger G. Saberson, City Attorney, Delray Beach

Prepared by: Phil Claypool

SUMMARY:

Members of a municipal financial advisory board whose powers, authority, and budget meet the tests of an "advisory body," as defined by s. 112.312(1), F. S., do not constitute "local officers" as defined in s. 112.3145(1)(a)2. and therefore are not subject to the annual filing of financial disclosure.

QUESTION:

Are the members of the Financial Advisory Board of Delray Beach "local officers" for purposes of filing financial disclosure?

Your question is answered in the negative.

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 appointed members of boards of political subdivisions of the state, unless the board is deemed to be an advisory body. Section 112.3145(1)(a)2., F. S. 1975.

The Financial Advisory Board of the City of Delray Beach consists of five members appointed by the city council. Section 2-41, Art. III, Delray Beach Code. The duties, powers, and responsibilities of the board, as set forth in s. 2-42, include:

(a) Studying the city manager's proposed city budget and any capital improvement program and reporting to the council on their study with comments or recommendations;

(b) Studying and reporting on the city manager's quarterly financial reports;

(c) Studying and reporting on the status of all city special and reserve funds;

(d) Studying and reporting on the annual financial audit report of the city's fiscal status, practices and procedures;

(e) Submitting a written recommendation to the council on all proposed bond issues and refunding agreements; and

(f) Reviewing and reporting on long term contracts, on the fiscal impact of proposed ordinances, resolutions or actions, and on the investment of any public funds except pension plan funds.

In addition, s. 2-43 provides that board action will only be advisory and that its decisions and recommendations are not final or binding on the city council, city manager, or city departments. In a telephone conversation with our staff, you have advised that the board has no budget.

Clearly, the powers, authority, and budget of the board meet the tests of an "advisory body" set forth in s. 112.312(1), F. S. 1975. Accordingly, we find that the members of the Financial Advisory Board of the City of Delray Beach are not "local officers" and that they need not file financial disclosure.