CEO 79-39 -- July 2, 1979

BUYER FOR STATE UNIVERSITY

APPLICABILITY OF FINANCIAL DISCLOSURE LAW

To: W. B. Parramore, Director of Purchasing, Purchasing Department, Tallahassee

Prepared by: Phil Claypool

SUMMARY:

The Code of Ethics for Public Officers and Employees provides that each "specified employee" shall file a statement of financial interests by noon of July 15th of each year. Section 112.3145(2)(b), F. S. 1977. The term "specified employee" is defined to include "purchasing agents . . . for any state agency, or persons having the power normally conferred upon such persons, by whatever title." Section 112.3145(1)(b)5., F. S. 1977. A buyer for a state university, who works under the direct supervision of a purchasing agent in performing clerical/purchasing work in processing requisitions for small purchases or rentals of equipment, supplies, and services, but who has no authority to sign purchase orders or contracts, is not deemed to have the power normally conferred upon a purchasing agent and therefore is not deemed to be a "specified employee" subject to financial disclosure.

QUESTION:

Is a "buyer" for a state university purchasing department who works under the direct supervision of a purchasing agent a "specified employee" subject to the requirement of filing financial disclosure annually?

Your question is answered in the negative.

The Code of Ethics for Public Officers and Employees provides that each "specified employee" shall file a statement of financial interests by noon of July 15th of each year. Section 112.3145(2)(b), F. S. 1977. The term "specified employee" is defined to include "purchasing agents . . . for any state agency, or persons having the power normally conferred upon such persons, by whatever title." Section 112.3145(1)(b)5., F. S. 1977.

In your letter of inquiry you advise that Ms. Wilson works under the direct supervision of a purchasing agent in performing responsible clerical/purchasing work in processing requisitions for small purchases or rentals of equipment, supplies, and services. In a telephone conversation with our staff, you further advised that she has no authority to sign purchase orders or contracts.

As the subject buyer works under the direct supervision of a purchasing agent, she does not have the power normally conferred upon a purchasing agent. Accordingly, we find that the subject buyer is not a "specified employee" and that therefore she is not required to file financial disclosure.