CEO 84-61 -- June 27, 1984

FINANCIAL DISCLOSURE

APPLICABILITY OF DISCLOSURE LAW TO CITY BUILDING AND ZONING DIRECTOR

To: Mr. Joseph Scevola, Director of Building & Zoning, City of Plantation

SUMMARY:

The Director of Building and Zoning for the City of Plantation is not a "local officer" subject to the requirement of filing a statement of financial interests under Section 112.3145, Florida Statutes. The Director has no purchasing authority, does not have the power to grant or deny a land development permit, and is not the chief building inspector for the City. CEO 75-36 is referenced.

QUESTION:

Are you, the Director of Building and Zoning for the City of Plantation, a "local officer" subject to the requirement of filing a statement of financial interests annually?

Your question is answered in the negative.

The Code of Ethics for Public Officers and Employees provides that each "local officer" shall file a statement of financial interests annually. Section 112.3145(2)(b), Florida Statutes. The term "local officer" is defined to include:

Any person holding one or more of the following positions: . . . chief county or municipal building inspector; . . . county or municipal administrator, with power to grant or deny a land development permit; . . . or purchasing agent having the authority to make any purchase exceeding $1,000 for any political subdivision of the State or any entity thereof. [Section 112.3145(1)(a)3, Florida Statutes (1983).]

In your letter of inquiry and in a telephone conversation with our staff, you have advised that you serve as the Director of Building and Zoning for the City of Plantation, in which position you are responsible for directing and coordinating the City's Department of Building and Zoning. Your position description indicates, and you have confirmed, that you do not have the power to grant or deny a land development permit. Although you may do building inspections on an emergency basis, you are not the Chief Building Inspector, which is another position within the same Department. Finally, you have advised that you have no purchasing authority for the City.

In a previous opinion, CEO 75-36, we advised that the financial disclosure law at that time did not include directors and assistant directors of building and zoning departments, although it did include the chief building inspector of a city. Similarly, we find that your position as Director of Building and Zoning is not included as a "local officer" position, although the position of Chief Building Inspector for the City is included as a "local officer" for purposes of the financial disclosure law.

Accordingly, we find that you are not a "local officer" subject to the requirement of filing a statement of financial interests annually. We further find that the position of Chief Building Inspector is subject to this requirement.