CEO 77-156 -- October 24, 1977

HOUSING AUTHORITY COMMISSIONERS AND EXECUTIVE DIRECTOR

APPLICABILITY OF STATUTORY FINANCIAL DISCLOSURE LAW

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

Prepared by: Phil Claypool

SUMMARY:

Reference is made to CEO 77-50. Members of a municipal housing authority which does not constitute an "advisory body" pursuant to s. 112.312(1), F. S., are local officers subject to financial disclosure. Section 112.3145(1)(a)2., F. S. The executive director of the housing authority is a local officer subject to disclosure only if he is authorized to make any purchase exceeding $100 for the housing authority. Section 112.3145(1)(a)3., F. S.

QUESTIONS:

1. Are members of the City of Daytona Beach Housing Authority "local officers" for purposes of financial disclosure?

2. Am I, the executive director of a municipal housing authority, a "local officer" for purposes of financial disclosure?

Question 1 is answered in the affirmative.

In your letter of inquiry you advise that the housing authority was chartered under Ch. 421, F. S., and that it operates under the direction of a board of commissioners consisting of five members appointed by the mayor and approved by the city commission. Enclosed please find a copy of CEO 77-50, the rationale contained in question 3 of which is equally applicable to this question. Please note that each "local officer" is required to file disclosure by July 15 of each year with the clerk of the circuit court. Section 112.3145(2), F. S. 1975.

As to question 2, 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 person holding one or more of the following positions, by whatever title, including persons appointed to act directly in such capacity, but excluding assistants and deputies unless specifically named herein: clerk of the circuit court; clerk of the county court; county or city manager; political subdivision chief; county or city administrator; county or city attorney; chief county or city building inspector; county or city water resources coordinator; county or city pollution control director; county or city environmental control director; county or city administrator, with power to grant or deny a land development permit; chief of police; fire chief; city or town clerk; district school superintendent; community college presidents; or a purchasing agent having the authority to make any purchase exceeding $100 for any political subdivision of the state or any entity thereof. [Section 112.3145(1)(a)3., F. S. 1975.]

Accordingly, as the position you hold is not specifically included by this provision, you will be required to file financial disclosure only if you have the authority to make any purchase exceeding $100 for the housing authority.