CEO 80-39 -- May 21, 1980

DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES DISTRICT PROGRAM SUPERVISORS

APPLICABILITY OF FINANCIAL DISCLOSURE LAW

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

Prepared by: Phil Claypool

SUMMARY:

The Code of Ethics for Public Officers and Employees provides that each "specified employee" shall file financial disclosure annually. Section 112.3145(2)(b), F. S. The term "specified employee" includes 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. In previous advisory opinions, the term "purchasing agent" has been interpreted broadly to include any person who has the authority to commit a public agency to the expenditure of public funds. See CEO's 75-147, 76-146, 77-89, and 78-36. Accordingly, program supervisors with the Department of Health and Rehabilitative Services who have the authority to commit the department to service provider contracts in amounts of up to $25,000 constitute specified employees subject to the requirement of filing financial disclosure annually.

QUESTION:

Are the Department of Health and Rehabilitative Services District 4 program supervisors "specified employees" subject to the requirement of filing financial disclosure annually?

Your question is answered in the affirmative.

In your letter of inquiry you advise that district program supervisors within district 4 of the Department of Health and Rehabilitative Services are being delegated the responsibility to sign service provider contracts in amounts up to $25,000. As part of this process, you advise, the program supervisor identifies a need within the service area and solicits proposals from providers who are providing that type of service. The program supervisor then selects the provider most closely meeting the program's needs and completes a contract for that service. The contract is forwarded to the offices of grants management and legal counsel within the district for review, and finally is returned to the program supervisor for his signature.

The Code of Ethics for Public Officers and Employees provides that each "specified employee" shall file financial disclosure annually. Section 112.3145(2)(b), F. S. The term "specified employee" includes 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. In previous advisory opinions, we have interpreted the term "purchasing agent" broadly to include any person who has the authority to commit a public agency to the expenditure of public funds. See CEO's 75-147, 76-146, 77-89, and 78-36.

Accordingly, as the program supervisors will have the authority to commit the Department of Health and Rehabilitative Services to service provider contracts in amounts of up to $25,000, we find that they are "specified employees" subject to the requirement of filing financial disclosure annually.