CEO 84-5 -- January 26, 1984

FINANCIAL DISCLOSURE

APPLICABILITY OF DISCLOSURE LAW TO ATTORNEY FOR CITY UTILITIES AUTHORITY

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

SUMMARY:

The position of a part-time attorney for a city utilities authority is not among those listed in Section 112.3145, Florida Statutes, as being subject to the requirement of filing a statement of financial interests annually.

QUESTION:

Are you, the part-time attorney for a city utilities authority, required to file a statement of financial interests annually pursuant to Section 112.3145, Florida Statutes?

Your question is answered in the negative.

In your letter of inquiry you advise that you serve as the part- time attorney for a city utilities authority. You also advise that you are not associated in any manner with the city attorney.

The Code of Ethics for Public Officers and Employees provides that each "local officer" and each "specified state employee" is required to file a statement of financial interests annually. Section 112.3145(2)(b), Florida Statutes, as amended by Chapter 83- 282, Laws of Florida.

Although the position of "municipal attorney" is included in the definition of "local officer" contained in Section 112.3145(1)(a), Florida Statutes, as amended by Chapter 83-282, Laws of Florida, you are clearly not the city attorney. In addition, you are not a "specified state employee" as you are not a state employee.

Accordingly, we find that as attorney for a city utilities authority you are not required to file financial disclosure in accordance with Section 112.3145, Florida Statutes.