CEO 84-55 -- June 7, 1984

FINANCIAL DISCLOSURE

APPLICABILITY OF DISCLOSURE LAW TO EMPLOYEE OF GOVERNOR'S ENERGY OFFICE SERVING ON M.P.O. TECHNICAL COMMITTEES

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

SUMMARY:

A governmental analyst employed in the Governor's Energy Office who serves as a non-voting member of the technical advisory committees of each metropolitan planning organization in the state is not a "local officer" subject to the requirement of filing a statement of financial interests under Section 112.3145, Florida Statutes. As a non-voting member of the committees, the employee does not participate in the substantial responsibilities possessed by each technical committee.

QUESTION:

Is a governmental analyst employed in the Governor's Energy Office who serves as a non-voting member of the Technical Advisory Committees of each Metropolitan Planning Organization in the State a "local officer" subject to the requirement of filing a statement of financial interests annually?

Your question is answered in the negative.

In your letter of inquiry you advise that .... is employed as a Governmental Analyst I in the Governor's Energy Office. You also advise that she serves as a non-voting member of the Technical Advisory Committee of each Metropolitan Planning Organization in the State. She serves on these committees primarily in order to assure distribution of information generated by the M.P.O.'s. Any advice she may give is provided primarily through telephone conversations, as she seldom attends meetings.

Section 334.215, Florida Statutes, provides for the creation and responsibilities of metropolitan planning organizations; Section 334.215(3) authorizes each M.P.O. to appoint non-voting advisers as deemed necessary. In addition, Section 334.215(17) requires each M.P.O. to appoint a technical advisory committee to include professional and technical planners, engineers, and other appropriate disciplines employed by or residing in the agencies encompassed by the M.P.O.

In previous opinions CEO 78-4 and CEO 78-69 we concluded that members of the Technical Advisory Committees of the M.P.O.'s were "local officers" subject to the requirement of filing financial disclosure statements annually. Our conclusion was based primarily upon the technical committees' active, direct, and substantial involvement in the preparation of M.P.O. transportation plans.

In essence, we find that the subject employee is not truly an "appointed member" of each of the technical committees. She has no vote on any of the committees and therefore does not participate in the substantial responsibilities possessed by each committee. The primary reason for her "appointment" is to assure distribution of information, and not to participate in the transportation planning (and land planning) functions of the committees.

Accordingly, we find that the subject employee is not a "local officer" and therefore is not subject to the requirement of filing a statement of financial interests annually.