CEO 84-65 -- June 27, 1984

FINANCIAL DISCLOSURE

APPLICABILITY OF DISCLOSURE LAW TO MEMBERS OF CITY SIDEWALK ART FESTIVAL COMMISSION

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

SUMMARY:

The members of the Winter Park Sidewalk Art Festival Commission are "local officers" subject to the requirement of filing statements of financial interests annually under Section 112.3145, Florida Statutes. The powers of the Commission under the resolution creating it are not solely advisory.

QUESTION:

Are you, a member of the City of Winter Park Sidewalk Art Festival Commission, a "local officer" subject to the requirement of filing a statement of financial interests annually?

Your question is answered in the affirmative.

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 (1983). The term "local officer" is defined to mean:

Any appointed member of a board, commission, authority, community college district board of trustees, or council of any political subdivision of the state, excluding any member of an advisory body. A governmental body with land-planning, zoning, or natural resources responsibilities shall not be considered an advisory body. [Section 112.3145(1)(a)2, Florida Statutes (1983).]

In turn, "advisory body" is defined to mean

any board, commission, committee, council, or authority, however selected, whose total budget, appropriations, or authorized expenditures constitute less than 1 percent of the budget of each agency it serves or $100,000, whichever is less, and whose powers, jurisdiction, and authority are solely advisory and do not include the final determination or adjudication of any personal or property rights, duties, or obligations, other than those relating to its internal operations. [Section 112.312(1), Florida Statutes (1983).]

By Winter Park Resolution No. 1267, the City Commission has provided for a Winter Park Sidewalk Art Festival Commission, composed of 15 members appointed for three-year terms. Section 6 of that Resolution provides:

The Sidewalk Art Festival Commission shall establish the policy, coordinate the activities, and conduct the operation of the Winter Park Sidewalk Art Festival and in so doing, shall expend such funds as may be provided by the City or generated by the Festival, for such purposes as said Commission shall determine to be for the best interests of the promotion and operation of such Sidewalk Art Festival.

In your letter of inquiry you advise that the Commission does not use any taxpayers' money and that the expenses of the Festival, including reimbursing the City for any expenses it incurs, are paid from money collected from the artists, concessions, and fees from the sale of posters and tee shirts.

In our view, the members of the Commission are appointed members of a Commission of a political subdivision, the City. Further, it is clear that the Commission's powers and authority are not solely advisory, as the Commission is empowered to conduct the Festival. For these reasons, we believe that it does not matter that the Commission does not spend money generated by City taxes.

Accordingly, we find that as a member of the Winter Park Sidewalk Art Festival Commission, you are a "local officer" subject to the requirement of filing a statement of financial interests annually.