CEO 76-92 -- May 17, 1976

MUNICIPAL EMPLOYEES

APPLICABILITY OF FINANCIAL DISCLOSURE LAW

To: Willard K. Splittstoesser, Assistant City Attorney, North Miami

Prepared by: Bonnie Johnson

SUMMARY:

The director of a municipal public utilities department who exercises administrative supervision over such activities as water supply, pumping, treatment, and distribution is deemed to be a local officer pursuant to Florida Statute s. 112.3145(1)(a)3.(1975), which defines the term "local officer" to include, among others, a county or city water resources coordinator or any person holding such position by whatever title. As a local officer, the subject director is subject to financial disclosure. Florida Statute s. 112.3145. The city's public service director and recreation and parks director do not constitute local officers, however, inasmuch as the job descriptions for these two positions include no duties which relate to the positions enumerated in s. 112.3145(1)(a)3.

QUESTIONS:

1. Is the city's public utilities director, who heads the water and sewer department, a "local officer" subject to financial disclosure?

2. Are the city's public service director and recreation and parks director "local officers" subject to financial disclosure?

Question 1 is answered in the affirmative.

Florida Statute s. 112.3145(1975) requires that each "local officer" annually file a statement of financial disclosure and quarterly, if applicable, file a disclosure of clients represented before public agencies at his level of government. The term "local officer" is defined to include

[a]ny 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. [Emphasis supplied; Fla. Stat. s. 112.3145(1)(a)3.(1975).]

The job description for the position of public utilities director states that, as a department head, said director is responsible for management of water and sewer treatment facilities for the city. He exercises administrative supervision "over all activities of the department, including water supply, pumping, treatment and distribution, sewage treatment, and related auxiliary facilities." It is clear from this job description that the subject public utilities director serves as the water resources coordinator for the city and therefore, pursuant to the above-cited definition, is a "local officer" subject to financial disclosure.

Question 2 is answered in the negative.

The job descriptions for these two positions enumerate no duties which relate to the positions enumerated in s. 112.3145(1)(a)3., quoted in question 1 above. Further, you have verified that neither official has purchasing authority. Consequently, we do not deem them to constitute "local officers" for purposes of disclosure under the Code of Ethics.