CEO 79-73 -- November 16, 1979

COUNTY 208 IMPLEMENTATION ADVISORY COMMITTEE

APPLICABILITY OF DISCLOSURE LAW TO MEMBERS

To: Marjorie Gordon, Chairman, Palm Beach County 208 Implementation Advisory Committee, West Palm Beach

Prepared by: Phil Claypool

SUMMARY:

For purposes of the annual filing of financial disclosure under s. 112.3145(2)(b), F. S., the term "local officer" is defined to include appointed members of local boards, excepting members of advisory bodies. Section 112.3145(1)(a)2., F. S. 1977. That section goes on to provide that "[a] governmental body with land- planning, zoning, or natural resources responsibilities shall not be considered an advisory body." The Commission on Ethics previously has advised that a committee has natural resources responsibilities when it is designed to provide citizen input into natural resources planning as being representative of the general public, rather than by actively seeking citizen reaction through public hearings, directly from which it reports public response to plan proposals. See CEO's 78-69 and 78-80 for discussion of this distinction.

A 208 implementation advisory committee, which is responsible for forwarding recommendations to the area planning board and to the board of county commissioners concerning the implementation of programs recommended by the technical subcommittee, is deemed to have land- planning and natural resources responsibilities within the contemplation of the disclosure law. The committee is called upon to address fiscal policies, cost- effectiveness, operations, programming, and related aspects of implementing technical programs prior to forwarding its recommendations. Accordingly, its members are deemed to constitute "local officers" subject to the annual filing of financial disclosure under the Code of Ethics.

QUESTION:

Are the members of the Palm Beach County 208 Implementation Advisory Committee "local officers" subject to the requirement of filing financial disclosure annually?

Your question is answered in the affirmative.

The Code of Ethics for Public Officers and Employees provides that each "local officer" shall file a statement of financial interests within 30 days from the date of appointment and annually thereafter by July 15. 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 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.]

We previously have advised that even though a committee may serve only an advisory function, it is not an "advisory body" if it has natural resources responsibilities. See CEO 77-29, relating to advisory committees to the Palm Beach County Area Planning Board. We have further advised that a committee has natural resources responsibilities if it is designed to provide citizen input into natural resources planning processes as being representative of the general public, rather than by actively seeking public reaction through public hearings from which it reports public response to plan proposals. See CEO's 78-69 and 78-80.

The Palm Beach County 208 Implementation Advisory Committee has been established as an advisory body to the county area planning board, which is responsible for planning the interim water quality management system for the Palm Beach County 208 area. The bylaws of the 208 implementation advisory committee specify that it is responsible for forwarding recommendations to the area planning board and to the board of county commissioners concerning the implementation of programs recommended by the technical subcommittee. In doing so, the committee is to address the necessary fiscal policies, cost-effectiveness, operations, programming, and related aspects of implementing technical programs prior to forwarding recommendations to the area planning board. Since the 208 program involves planning both as to land use and water quality (see CEO 77-29), it appears that the implementation advisory committee, by its input into the planning process, has land-planning and natural resources responsibilities.

Accordingly, we find that the members of the 208 implementation advisory committee are "local officers" subject to the requirement of filing financial disclosure annually.