CEO 78-54 -- September 8, 1978

SCHOOL BOARD ASSISTANT SUPERINTENDENT FOR SERVICES

APPLICABILITY OF STATUTORY FINANCIAL DISCLOSURE LAW

To: Scott N. Rose, Executive Assistant Superintendent for Services, Pinellas County School Board, Clearwater

Prepared by: Phil Claypool

SUMMARY:

For purposes of the annual filing of financial disclosure under s. 112.3145(2)(b), F. S. 1977, the term "local officer" is defined to include each district school superintendent and each purchasing agent having the authority to make any purchase exceeding $100 for any political subdivision of the state or any entity thereof. Section 112.3145(1)(a)3., F. S. 1977. One who is employed by a county school board in the position of executive assistant superintendent for services, who supervises the director of purchasing but who has no purchasing authority himself, is not deemed to constitute a "local officer" and therefore is not subject to the annual filing of financial disclosure.

QUESTION:

Am I, the executive assistant superintendent for services with the Pinellas County School Board, a "local officer" 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 "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 include each district school superintendent and each purchasing agent having the authority to make any purchase exceeding $100 for any political subdivision of the state or any entity thereof. Section 112.3145(1)(a)3., F. S. 1977.

In your letter of inquiry you advise that you are employed by the Pinellas County School Board as executive assistant superintendent for services. You also advise that you are an executive officer on the school superintendent's staff and that you supervise, among others, the assistant superintendent for finance, who in turn supervises the director of purchasing. In addition, you advise that the director of purchasing, within limitations set by statute, state board regulations, and school board policy, exercises independent judgment in procuring materials, equipment, and supplies to support the functions of the school system.

Under these circumstances, it is the director of purchasing who has the authority to make a purchase exceeding $100 in behalf of the school district, even though you exercise indirect supervisory responsibilities over the director of purchasing. Accordingly, we find that you are not a "local officer," and therefore that you are not subject to the requirement of filing financial disclosure annually.