CEO 79-5 -- February 22, 1979

SECTION 208 REGIONAL CITIZEN ADVISORY COMMITTEE

APPLICABILITY OF FINANCIAL DISCLOSURE LAW TO MEMBERS

To: John C. Bottcher, Director, Division of Environmental Programs, Department of Environmental Regulation, Tallahassee

Prepared by: Phil Claypool

SUMMARY:

In CEO 78-69 the Commission on Ethics determined that some advisory committees which are involved in the land- planning process do not have any land-planning responsibilities within the contemplation of s. 112.3145(1)(a)2., F. S. 1977. This conclusion was drawn from the fact that the citizen advisory committee referenced in that opinion did not participate directly in establishing plan proposals and specific projects, but rather functioned by taking plan proposals and projects to the public and then reporting community responses back to the parent organization, thus having no greater influence or impact on land-planning decisions than does the public, generally. A regional citizen advisory committee to the Department of Environmental Regulation, established pursuant to s. 208 of the Federal Clean Water Act, composed of citizen volunteers and functioning solely as a liaison between the department and the public relative to control and prevention of water pollution, is closely analogous to the citizen advisory committee addressed in CEO 78-69. Such regional citizen advisory committee to DER similarly is not deemed to exercise natural resources responsibilities within the contemplation of s. 112.3145(1)(a)2., and members of such committee therefore are not deemed to constitute "local officers" subject to financial disclosure.

QUESTION:

Are members of a regional citizen advisory committee which has been established pursuant to s. 208 of the Federal Clean Water Act by the Department of Environmental Regulation "local officers" for purposes of financial disclosure?

Your question is answered in the negative.

In your letter of inquiry you advise that s. 208 of the Federal Clean Water Act (PL 92-500) requires that each state develop an areawide water quality management plan for the control and prevention of water pollution. Applicable federal regulations require that the public be given adequate opportunity for input in the planning process. In Florida, you advise, the 208 plans for approximately half of the state are being prepared by 12 separate local and regional planning agencies; the Department of Environmental Regulation (DER) is responsible for developing the 208 plan for the remainder of the state. In order to comply with federal regulations, the DER has created eight regional citizen advisory committees (CAC's), composed of citizen volunteers, to serve two primary functions. First, the CAC functions as a channel through which department staff can keep the public informed of specific goals and policies developed through the 208 program, as well as of the environmental, economic, and social implications of these goals and policies. Secondly, each CAC solicits questions, comments, and recommendations from the public for use by the department in its preparation of the plan.

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

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. 1977.]

In CEO 78-69, we recognized that some advisory committees which are involved in the land-planning process may not have any land- planning responsibilities within the contemplation of this provision. This conclusion was drawn from the fact that the citizen advisory committee referenced in that opinion did not participate directly in establishing plan proposals and specific projects, but rather functioned by taking plan proposals and specific projects to the public and then reporting community responses back to the parent organization. Therefore, it was felt that those citizen committees had no greater influence or impact on specific land-planning decisions than did the public, generally.

The s. 208 citizen advisory committees perform a function in the area of natural resources planning which is closely analogous to the function performed by the advisory committees referenced in CEO 78-69 in the area of land planning. The 208 advisory committees take the work product of department staff to the general public for its review, and then develop recommendations to DER which reflect the consensus of public opinion. In our view, these committees do not have any natural resources responsibilities within the contemplation of s. 112.3145(1)(a)2.

Accordingly, we find that the members of s. 208 citizen advisory committees are not "local officers" and therefore are not required to file financial disclosure under s. 112.3145, F. S.