CEO 77-180 -- December 14, 1977

ADVISORY COUNCIL ON INTERGOVERNMENTAL RELATIONS

APPLICABILITY OF STATUTORY FINANCIAL DISCLOSURE TO MEMBERS

To: Carl Ogden, Chairman, Advisory Council on Intergovernmental Relations, Tallahassee

Prepared by: Phil Claypool

SUMMARY:

Inasmuch as it is empowered to apply for, contract for, receive, and expend governmental appropriations or grants, the state Advisory Council on Intergovernmental Relations is not solely advisory and therefore does not constitute an advisory body as that term is defined by s. 112.312(1), F. S. Members of the council therefore constitute state officers subject to financial disclosure. Section 112.3145(1)(c)2. and 112.3145(2)(b), F. S.

QUESTION:

Are the members of the Florida Advisory Council on Intergovernmental Relations "state officers" for purposes of financial disclosure?

Your question is answered in the affirmative.

In your letter of inquiry you advise that you are the Chairman of the Florida Advisory Council on Intergovernmental Relations, which was created by Ch. 77-340, Laws of Florida.

The Code of Ethics for Public Officers and Employees provides that each "state officer" must file financial disclosure annually. Section 112.3145(2)(b), F. S. 1975. The term "state officer" is defined to include

[a]n appointed member of each board, commission, authority, or council having statewide jurisdiction, excluding a member of an advisory body. [Section 112.3145(1)(c)2., F. S. 1975.]

In turn, "advisory body" is defined to mean

any 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 Florida Advisory Council on Intergovernmental Relations was created by Ch. 77-340, Laws of Florida, in order to study problems and recommend solutions on the intergovernmental aspects of government structure, finance, functional performance, and relationships at the local, regional, state, and interstate levels. Section 1, Ch. 77-340, Laws of Florida. The council is composed of 17 members, 4 of whom are members of the Senate appointed by its President, 4 of whom are members of the House of Representatives appointed by the Speaker, and 9 of whom are appointed by the Governor from elected and appointed state and local officials and other interested citizens. Among the functions and duties of the council specified in the act is the following:

(9) The council is authorized to apply for, contract for, receive, and expend for its purposes any appropriations or grants from the state, its political subdivisions, the Federal Government, or any other source, public or private.

Although the council's functions are primarily advisory, they are not solely advisory, inasmuch as the council is authorized to apply for, contract for, receive, and expend for its purposes any appropriations or grants from any source, public or private. See CEO 77-123.

Accordingly, we find that the members of the Florida Advisory Council on Intergovernmental Relations are "state officers" and therefore are required to file financial disclosure. However, please note that those members of the council who are required to file disclosure under s. 112.3145 because they hold other public positions are not required to file a second time this year. See s. 112.3145(6), F. S. 1975, and CEO 77-19, a copy of which is enclosed.