CEO 82-34 -- May 20, 1982

FINANCIAL DISCLOSURE

APPLICABILITY OF FINANCIAL DISCLOSURE LAW TO MEMBERS OF TURKEY CREEK SANCTUARY COMMITTEE

To: Ms. Diane D. Barile, Environmental Planning Consultant, City of Palm Bay

SUMMARY:

The members of the City of Palm Bay Turkey Creek Sanctuary Committee are not local officers subject to the requirement of filing Statements of Financial Interests annually. As the Committee is a nonprofit corporation whose members are neither elected nor appointed, the members of the Committee are not subject to the financial disclosure law. CEO 82-5 is referenced.

QUESTION:

Are the members of the City of Palm Bay Turkey Creek Sanctuary Committee "local officers" subject to the requirement of filing Statements of Financial Interests annually?

Your question is answered in the negative.

In your letter of inquiry you advise that the Turkey Creek Sanctuary Committee was established in 1977 by Florida Audubon to advise its Board of Directors on matters concerning its land on Turkey Creek. During 1981, you advise, the group expanded and was organized as a nonprofit corporation; membership was opened to anyone interested in the conservation and recreation goals of the Committee. As park development on the Audubon property was expanded to include land owned by the City of Palm Bay, the Committee assisted the City in preparing a land and water conservation fund grant proposal. Recently, you advise, the City Council adopted a resolution which appoints the Turkey Creek Sanctuary Committee as a local advisory body to the City Council on matters concerning Turkey Creek. The resolution states that the Committee shall consist of the members in good standing of the nonprofit corporation. Membership of the Committee is neither elected nor appointed.

The Code of Ethics for Public Officers and Employees requires each "local officer" to file a Statement of Financial Interests annually. Section 112.3145(2)(b), Florida Statutes. We have advised that members of nonprofit corporations are not "local officers" as contemplated by the financial disclosure law. See CEO 82-5.

Accordingly, as the Turkey Creek Sanctuary Committee is a nonprofit corporation, the members of that Committee are not subject to the requirement of filing a Statement of Financial Interests pursuant to Section 112.3145, Florida Statutes.