CEO 84-54 -- June 7, 1984

FINANCIAL DISCLOSURE

APPLICABILITY OF DISCLOSURE LAW TO MEMBERS OF CITY LIVE SHELLING COMMITTEE

To: Mr. Roger S. Clark, Member, Sanibel Live Shelling Committee

SUMMARY:

The members of the City of Sanibel Live Shelling Committee are not "local officers" required to file statements of financial interests under Section 112.3145, Florida Statutes. Although the Committee's functions relate to natural resources, it plays no role in a permitting, planning, or other type of process relating to natural resources. CEO's 81-16 and 82-84 are referenced.

QUESTION:

Are you, a member of the City of Sanibel Live Shelling Committee, a "local officer" required to file a statement of financial interests annually?

Your question is answered in the negative.

In your letter of inquiry you advise that you are a biologist with the Department of Natural Resources. You also advise that you have been appointed to serve on the City of Sanibel Live Shelling Committee. That Committee was created by City Council Resolution 82- 12, and its members are appointed to annual terms by the City Council.

The Resolution creates the Committee as a standing advisory body to study and advise the City Council upon the Council's request or when the Committee believes study and advice to be warranted on matters pertaining to harvesting of molluscs in the area, population trends of molluscs, environmental and other practices affecting the mollusc population, and public information and educational programs to help protect or increase the mollusc population. In addition, the Committee is to advise the City Council on public compliance with City Resolution 79-08, which "enjoins" Sanibel residents and visitors to observe a bag limit on live shell collecting.

In our view, your question is answered by the rationale of our opinions CEO 81-16 and CEO 82-84. Although the Committee's functions relate to natural resources, we conclude that the Committee does not have natural resources responsibilities because it plays no role in a permitting, planning, or other type of process relating to natural resources. Rather, the Committee's authority is only to review generally live shelling matters, to formulate policy recommendations, and to present its recommendations to the City Council.

Accordingly, we find that the members of the Sanibel Live Shelling Committee are not "local officers" and therefore are not subject ot the requirements of filing a statement of financial interests annually.