CEO 80-55 -- September 19, 1980

FINANCIAL DISCLOSURE

APPLICABILITY TO CITY MANAGER'S ADMINISTRATIVE ASSISTANT

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

Prepared by: Phil Claypool

SUMMARY:

An administrative assistant to a city manager, whose position and responsibilities are not among those listed within the definition of "local officer" in s. 112.3145(1)(a)3., F. S., and who has no purchasing authority, is not deemed to be subject to the filing of financial disclosure annually.

QUESTION:

Am I, the administrative assistant to a city manager, 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. The term "local officer" is defined to include:

Any person holding one or more of the following positions, by whatever title, including persons appointed to act directly in such capacity, but excluding assistants and deputies unless specifically named herein: clerk of the circuit court; clerk of the county court; county or city manager; political subdivision chief; county or city administrator; county or city attorney; chief county or city building inspector; county or city water resources coordinator; county or city pollution control director; county or city environmental control director; county or city administrator, with power to grant or deny a land development permit; chief of police; fire chief; city or town clerk; district school superintendent; community college presidents; or a 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.]

In your letter of inquiry and in a telephone conversation with our staff, you have advised that presently you are employed as the Administrative Assistant to the City Manager of the City of South Miami, a position in which you handle personnel work, correspondence, and the organization of meetings. You also advised that, although you have signed requisitions for supplies, you do not have the authority to sign purchase orders.

As your position is not among those listed within the definition of "local officer," we find that you are not subject to the requirement of filing financial disclosure annually.