CEO 78-78 -- October 20, 1978

COUNTY MANPOWER PLANNING COUNCIL

APPLICABILITY OF FINANCIAL DISCLOSURE LAW TO MEMBERS

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

Prepared by: Phil Claypool

SUMMARY:

Section 112.3145(1)(a)2., F. S. 1977, defines the term "local officer" for purposes of the annual filing of financial disclosure to include an appointed member of a collegial body of any political subdivision of the state, excluding any member of an advisory body. A county manpower planning council whose responsibilities are solely advisory meets the definition of an advisory body contained in s. 112.312(1). Accordingly, members of the council are not "local officers" and therefore are not required to file financial disclosure.

QUESTION:

Am I, a member of the ____ County Manpower Planning Council, 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:

Any appointed member of a board, commission, authority, community college district board of trustees, or council of any political subdivision of the state, excluding any member of an advisory body. A governmental body with land-planning, zoning, or natural resources responsibilities shall not be considered an advisory body. [Section 112.3145(1)(a)2., F. S. 1977.]

In turn, "advisory body" is defined to mean

any board, commission, committee, council, or authority, however selected, whose total budget, appropriations, or authorized expenditures constitute less than 1 percent of the budget of each agency it serves or $100,000, whichever is less, and whose powers, jurisdiction, and authority are solely advisory and do not include the final determination or adjudication of any personal or property rights, duties, or obligations, other than those relating to its internal operations. [Section 112.312(1), F. S. 1977.]

The ____ County Manpower Planning Council has been created by the Brevard County Commission under Pub. L. No. 93-203 to assist it in fulfilling its responsibilities as a prime sponsor under the Comprehensive Employment and Training Act of 1973. The duties of the manpower planning council, as set forth in Art. III of its bylaws, are as follows:

1. To submit to the board of county commissioners recommendations regarding program plans and basic goals, policies and procedures.

2. To monitor and provide for objective evaluations of employment and training programs conducted in Brevard County.

3. To provide for continuing analyses of needs of employment, training, and related services in such area.

The bylaws also specify in Art. VIII that manpower plans shall be adopted, amended, or repealed by vote of the members of the manpower planning council but that any final decision with respect to such plans shall be made by the board of county commissioners.

In our opinion, the duties of the manpower planning council are solely advisory and do not include the final determination of any personal or property rights, duties, or obligations. As you have advised our staff in a telephone conversation that the council has no budget or authorized expenditures, we find that the manpower planning council is an "advisory body" whose members are not subject to the requirement of filing financial disclosure annually.

Please note that this opinion relates only to the manpower planning council; it does not address the applicability of the disclosure law to the manpower appeals council.