CEO 74-90 -- December 23, 1974

ADVISORY BOARD

LOCAL COMMITTEE ORGANIZED TO RECOMMEND CITY CHARTER TO SWEETWATER CITY COUNCIL

To: Allen J. Lare, Mayor, Sweetwater

Prepared by: Patricia Butler

SUMMARY:

Under the definition of "public officer" set forth in s. 112.312(7)(b), F. S., as amended by Ch. 74-177, Laws of Florida, only members of solely advisory boards are excluded from public officer status. See also CEO 74-20. The board or committee organized to recommend a proposed city charter to the Sweetwater City Council can only make recommendations to the council, which may accept, amend, or reject any of the recommendations. Since the board is solely advisory, members are not public officers under part III, Ch. 112, supra.

QUESTION:

Are members of a board or committee organized to recommend a proposed city charter to the City Council of Sweetwater public officers within the definition of part III, Ch. 112, F. S., as amended by Ch. 74-177, Laws of Florida, and therefore subject to the disclosure provisions as they apply to public officers?

This question is answered in the negative.

The definition of a public officer includes:

Members of boards, commissions, authorities, special taxing districts, and the head of each state agency, however selected but excluding advisory board members. [Section 112.312(7)(b), supra; emphasis supplied.]

We have interpreted the exclusion of advisory boards to apply only to those boards which are solely advisory. See CEO 74-20. An advisory board is one which renders advice or recommendations to an officer or agency. This officer or agency then has complete discretion to accept or reject the advice or recommendation presented by the advisory board.

In the situation you have described, the board or committee is only recommending proposals for a city charter to the city council. The council has the power to either accept, amend or reject any of the board's recommendations. Clearly, this board's powers are solely advisory in nature. Therefore, the members are not deemed to be public officers for purposes of part III, Ch. 112, supra.