CEO 79-20 -- March 22, 1979

WATER MANAGEMENT DISTRICT

APPLICABILITY OF FINANCIAL DISCLOSURE LAW TO MEMBERS OF CITIZENS ADVISORY COMMITTEE

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

Prepared by: Phil Claypool

SUMMARY:

Reference is made to CEO's 77-47 and 78-80. Under s. 112.3145, F. S., members of a body with natural resources responsibilities are considered to be "local officers" subject to the requirement of filing financial disclosure under s. 112.3145, F. S., notwithstanding the fact that the body serves solely an advisory function. This rationale is equally applicable to a citizens advisory committee to the staff of a water management district, and its members, therefore, are deemed to constitute "local officers" subject to the annual filing of financial disclosure under s. 112.3145.

QUESTION:

Are members of a citizens advisory committee appointed to advise the staff of the Suwannee River Water Management District "local officers" subject to the annual filing of financial disclosure?

Your question is answered in the affirmative.

In your letter of inquiry, we are advised that the Suwannee River Water Management District (SRWMD) is in the process of forming a citizens advisory committee, composed of citizens throughout the district, in order to advise the staff of SRWMD on the development of goals and objectives of the district. The committee members will be requested to provide input as to the specificity, validity, and practical applications of these goals and objectives. Although a draft list of the goals and objectives has been prepared, it is expected that, through suggestions of the citizens advisory committee, individual objectives will be added or deleted.

In addition, we are advised that the committee is being formed by the staff of the district, although the governing board of the district has knowledge of the committee, and some board members have suggested the names of individuals who they feel could serve on the committee. All committee input is expected to be directed to the staff and then from the staff to the board, unless a member of a committee were to appear before the board to express the feelings of the committee on certain specific issues.

We previously have advised that members of a body with natural resources responsibilities are considered to be "local officers" subject to the requirement of filing financial disclosure under s. 112.3145, F. S., notwithstanding the fact that the body serves solely an advisory function. See CEO's 77-47 and 78-80. We see no basis in the disclosure law to distinguish the subject citizens advisory committee from those bodies referenced in those opinions because the subject committee is appointed by the staff, rather than the governing board, of the SRWMD.

Accordingly, we find that the members of a citizens advisory committee to the staff of the Suwannee River Water Management District are "local officers" subject to the requirement of filing financial disclosure annually under s. 112.3145, F. S.