CEO 79-12 -- February 22, 1979

SECTION 701 CITIZEN ADVISORY COMMITTEE

APPLICABILITY OF FINANCIAL DISCLOSURE LAW TO MEMBERS

To: William H. Ravenell, Secretary, Department of Community Affairs, Tallahassee

Prepared by: Phil Claypool

SUMMARY:

CEO 77-27 is revoked, and the Commission on Ethics finds that members of a citizen advisory committee established pursuant to s. 701 of the Housing Act of 1954, and guidelines of the Department of Community Affairs do not constitute "local officers" subject to the filing of financial disclosure. Subsequent to its rendition of CEO 77-27, the Commission issued CEO 78-69, an opinion in which it was recognized that some advisory committees which are involved in the land-planning process may not have any land-planning responsibilities within the contemplation of s. 112.3145(1)(a)2., F. S. 1977. As the function performed by the subject citizen advisory committee is closely analogous to the committees addressed in CEO 78-69, the rationale contained in that opinion also is applicable here, and the s. 701 citizen advisory committee is deemed to be an "advisory body" whose members are not subject to disclosure. It is emphasized that this committee contrasts with other types of advisory committees which provide citizen input into the planning process as being representative of the general public and which participate in the analysis of proposals and the presentation of alternate solutions. See!mA!x, for example, CEO 78-80.

QUESTION:

Are members of a citizen advisory committee which has been established pursuant to s. 701 of the Housing Act of 1954 and guidelines of the Department of Community Affairs "local officers" for purposes of financial disclosure?

We hereby revoke CEO 77-27 and answer this question in the negative.

In CEO 77-27 we advised that members of citizen advisory committees established under guidelines of the Department of Community Affairs pursuant to s. 701 of the Federal Housing Act of 1954 were "local officers" subject to the requirement of filing financial disclosure annually under s. 112.3145, F. S. Our rationale in that opinion was that these citizen advisory committees, which were created in order for communities to obtain grants to engage in comprehensive planning, were involved in the land-planning process and, although being strictly advisory, therefore had land-planning responsibilities under s. 112.3145(1)(a)2.

Subsequently we issued CEO 78-69, an opinion in which 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 s. 112.3145(1)(a)2. This conclusion was drawn from the fact that the citizen advisory committees to the metropolitan planning organizations in Florida do not participate directly in establishing plan proposals and specific projects, but rather function as sounding boards by taking plan proposals and specific projects to the public and then reporting community responses back to the metropolitan planning organizations. Therefore, it was felt that these citizens committees have no greater influence or impact on specific transportation-planning or land- planning decisions than does the public, generally.

The s. 701 citizen advisory committees perform a function which is closely analogous to the advisory committees to the metropolitan planning organizations. That is, the 701 advisory committees are designed to actively seek public reaction to comprehensive planning proposals developed by local governments and local government planning commissions through public hearings from which they report public response to plan proposals. This contrasts with other types of advisory committees which provide citizen input into the planning process as being representative of the general public and which participate in the analysis of proposals and the presentation of alternate solutions. See CEO 78-80.

Accordingly, we find that the members of s. 701 citizen advisory committees are not "local officers" and therefore are not required to file financial disclosure under s. 112.3145, F. S.