CEO 83-64 -- September 22, 1983

FINANCIAL DISCLOSURE

APPLICABILITY OF FINANCIAL DISCLOSURE LAW TO CANDIDATE FOR CIVIL SERVICE BOARD

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

SUMMARY:

A candidate for an elected position on a county sheriff's department civil service board elected by certain members of the sheriff's department is not required to file a statement of financial interests as a candidate under Section 112.3145, Florida Statutes. In order to be subject to the financial disclosure law as a "candidate," a term defined in Section 112.312(4), Florida Statutes, an individual must be seeking election to an office which requires qualification by filing qualifying papers and the oath of candidates specified in Section 99.021, Florida Statutes. However, qualifying of candidates for the civil service board is through a nominating election rather than through the filing of qualifying papers.

QUESTION:

Is a candidate for an elected position on the Brevard County Sheriff's Department Civil Service Board required to file a statement of financial interests as a candidate?

Your question is answered in the negative.

In your letter of inquiry you advise that Mr. Dale Dixon has been nominated as a candidate for an elective position on the Brevard County Sheriff's Department Civil Service Board, which recently was created by the Legislature. Under that law, two members of the Board are appointed by the Sheriff of Brevard County, two members are elected by the members of the classified service of the Sheriff's Department, and the fifth member is selected by a majority of the other Board members.

The financial disclosure law provides that persons seeking to qualify as candidates for local public office shall file their statements of financial interests with the officer before whom they qualify. Section 112.3145(2)(c), Florida Statutes (1981). The term "candidate" is defined to mean

any person who has filed a statement of financial interests and qualification papers, has subscribed to the candidate's oath as required by s. 99.021, and seeks by election to become a public officer. This definition expressly excludes a committeeman regulated by chapter 103 and persons seeking any other office or position in a political party. [Section 112.312(4), Florida Statutes (1981).]

In our view, in order to be subject to the financial disclosure law as a "candidate," an individual must be seeking election to an office which requires qualification by filing qualifying papers and the oath of candidates specified in Section 99.021, Florida Statutes. However, the information provided with your letter of inquiry indicates that individuals become candidates for the Civil Service Board through a nominating election rather than through the filing of qualifying papers.

Accordingly, we find that a candidate for an elected position on the Civil Service Board is not required to file a statement of financial interests as a candidate. Given the responsibilities of the Civil Service Board, it is our opinion that its members should file statements of financial interests (Commission on Ethics Form 1) following their election or appointment to the Board. See, for example, CEO 81-18.