CEO 78-50 -- July 20, 1978

DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES SERVICE NETWORK MANAGER

APPLICABILITY OF FINANCIAL DISCLOSURE LAW

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

Prepared by: Phil Claypool

SUMMARY:

The Code of Ethics provides that each "specified employee" shall file a statement of financial interests annually. Section 112.3145(2)(b), F. S. 1977. The term "specified employee" is defined in s. 112.3145(1)(b)3. to include certain high-level administrators within each state department, division, and bureau, as well as individuals "having the power normally conferred upon such persons, by whatever title." As the Department of Health and Rehabilitative Services is not structured on the department, division, and bureau model, a comparison of H.R.S. position descriptions with those positions enumerated in the Code of Ethics is necessary in order to determine the applicability of the financial disclosure law to H.R.S. employees.

Under s. 20.19(4), F. S., eleven districts have been created for H.R.S., each of which is administered by a district administrator who is appointed by the department secretary. The position of district administrator is deemed to be the equivalent of a division director in other state departments, while a deputy district administrator is the equivalent of a deputy director. Similarly, a district program manager for an H.R.S. area is correlative to an assistant division director. Persons holding any of the above- named positions in H.R.S. therefore constitute "specified employees" subject to financial disclosure.

Just as the bureau is the principal unit of a division, some H.R.S. districts are broken down into subdistricts, and others in which there are no subdistricts have been divided principally into networks. Section 20.19(4)(a), F. S. Accordingly, where the district has been divided into subdistricts, the subdistrict administrator is the equivalent of a bureau chief. The H.R.S. positions equivalent to assistant bureau chiefs are those with substantial authority which is not divided geographically within the subdistrict and which are directly supervised by the subdistrict administrator. Where the principal unit of a district is the service network rather than the subdistrict, the service network manager is the equivalent of a bureau chief, and the assistant bureau chief equivalent would include the network manager's assistants -- those positions which are geographically coterminous to his position which have substantial authority in the service network and which answer directly to the service network manager. Persons holding such H.R.S. positions therefore are deemed to constitute "specified employees" required to file financial disclosure annually.

QUESTION:

Am I, the north service network manager for District Ten of the Department of Health and Rehabilitative Services, a "specified employee" subject to the requirement of filing financial disclosure annually?

Your question is answered in the affirmative.

In your letter of inquiry, you advise that you are employed by the Department of Health and Rehabilitative Services (H.R.S.) as the north service network manager for District Ten. You also advise your position is supervised by the district program manager who in turn answers directly to the district administrator or the deputy administrator. In a telephone conversation with our staff, ____ of your office advised that as the north service network manager you supervise all eight H.R.S. program areas in the north service network, which includes approximately 200 employees. In addition, he advised that there are two other service network managers in the district who hold equivalent positions for the central and south service networks.

The Code of Ethics for Public Officers and Employees provides that each "specified employee" shall file a statement of financial interests annually. Section 112.3145(2)(b), F. S. 1977. The term "specified employee" is defined to include:

Each appointed secretary, assistant secretary, deputy secretary, executive director, assistant executive director, or deputy executive director of each state department, commission, board, or council; unless otherwise provided, the division director, assistant division director, deputy director, bureau chief, and assistant bureau chief of any state department or division; or any person having the power normally conferred upon such persons, by whatever title. [Section 112.3145(1)(b)3., F. S. 1977.]

As the Department of Health and Rehabilitative Services is not structured on the department, division, and bureau model, it is necessary to determine whether, in your position, you have the power normally conferred upon persons in any of the positions listed in the above-quoted provision.

We note first of all that the statute specifically includes each appointed secretary, assistant secretary, and deputy secretary of each state department in the definition of "specified employee." Thus, the Secretary of Health and Rehabilitative Services, his deputy secretary, the assistant secretary for operations, the assistant secretary for program planning and development, and the assistant secretary for administrative services are required to file financial disclosure. See s. 20.19(2) and (3)(a), F. S. 1977. In narrowing down the possibilities, therefore, the question becomes whether your position is the equivalent of a division director, assistant division director, deputy director, bureau chief, or assistant bureau chief.

In the Governmental Reorganization Act, Ch. 20, F. S., the Legislature has provided that a division is the principal unit of a department and that a bureau is the principal unit of a division. Section 20.04(3), F. S. 1977. The principal unit of the H.R.S. service program operations appears to be the district.

Under s. 20.19(4), F. S., eleven districts have been created for H.R.S., each of which is administered by a district administrator who is appointed by the secretary. Section 20.19(4)(b), F. S. 1977. In our view, then, the position of district administrator is the equivalent of a division director in other state departments. Accordingly, where a deputy district administrator has been appointed, he or she would be the equivalent of a deputy director. Similarly, a district program manager for health services, a district program manager for social services, a district manager for administrative services, and persons in similar district-level positions by whatever title are the equivalents of assistant division directors. See s. 20.19(4)(d), F. S. 1977.

Just as the bureau is the principal unit of a division, some H.R.S. districts are broken down into subdistricts, and others in which there are no subdistricts have been divided principally into networks. Section 20.19(4)(a), F. S. 1977. Accordingly, it is our opinion that where the district has been divided into subdistricts, the subdistrict administrator is the equivalent of a bureau chief. The positions equivalent to assistant bureau chiefs would be those, if any have been created, with substantial authority which is not divided geographically within the subdistrict (as those persons would be the equivalent of the heads of sections), and which are directly supervised by the subdistrict administrator. Similarly, where the principal unit of a district is the service network, rather than the subdistrict, the service network manager is the equivalent of a bureau chief, and the assistant bureau chief equivalent would include his assistants -- those positions, if any, which are geographically coterminous to his position, which have substantial authority in the service network, and which answer directly to the service network manager.

Accordingly, as District Ten is principally divided into service networks rather than into subdistricts, we find that as service network manager you have the power normally conferred upon a bureau chief and that therefore you are a "specified employee" subject to the requirement of filing financial disclosure annually.