CEO 76-146 -- September 13, 1976

GENERAL MANAGER OF UTILITIES COMMISSION

FINANCIAL DISCLOSURE REQUIREMENTS

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

Prepared by: Gene Rhodes

SUMMARY:

The Code of Ethics for Public Officers and Employees requires that all local officers annually file statements of financial interests. Fla. Stat. s. 112.3145(2)(b)(1975). The term "local officer" is defined to include "a purchasing agent having the authority to make any purchase exceeding $100 for any political subdivision of the state or any entity thereof." Fla. Stat. s. 112.3145(1)(a)3.(1975). Accordingly, the general manager of a municipal utilities commission who is empowered to authorize purchases up to $2001 constitutes a local officer subject to financial disclosure.

QUESTION:

Is the general manager of my city's utilities commission a local officer within the meaning of that term as it is defined in the Code of Ethics for Public Officers and Employees and, therefore, required to file an annual statement of his financial interests?

Your question is answered in the affirmative.

The Code of Ethics for Public Officers and Employees requires that all local officers file statements of financial interests each year. Fla. Stat. s. 112.3145(2)(b)(1975). The term "local officer" is defined to include "a purchasing agent having the authority to make any purchase exceeding $100 for any political subdivision of the state or any entity thereof." Fla. Stat. s. 112.3145(1)(a)3.(1975).

The general manager's office has advised our staff by telephone that he has the power to authorize purchases up to $2001 before the purchases must be submitted to competitive bid. As a purchasing agent, the general manager of the utilities commission accordingly constitutes a local officer required to file a statement of his financial interests on an annual basis.