CEO 84-74 -- August 9, 1984

FINANCIAL DISCLOSURE

APPLICABILITY OF DISCLOSURE LAW TO CITY ENGINEER/DIRECTOR OF PUBLIC WORKS

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

SUMMARY:

The City Engineer/Director of Public Works for the City of Ft. Pierce is not a "local officer" subject to the requirement of filing a statement of financial interests annually under Section 112.3145, Florida Statutes. His responsibilities do not include those of a water resources coordinator, pollution control director, or environmental control director.

QUESTION:

Are you, the City Engineer/Director of Public Works for the City of Ft. Pierce, a "local officer" subject to the requirement of filing a statement of financial interests annually?

Your question is answered in the negative.

The financial disclosure law requires each "local officer" to file a statement of financial interests within thirty days of appointment and annually thereafter by July 1. Section 112.3145(2)(b), Florida Statutes (1983). The term "local officer" is defined to include

[a]ny person holding one or more of the following positions: . . . county or municipal water resources coordinator; county or municipal pollution control director; county or municipal environmental control director . . . . [Section 112.3145(1)(a)3, Florida Statutes (1983).]

In your letter of inquiry you advise that you serve as City Engineer/Director of Public Works for the City of Fort Pierce. In that position, your major responsibilities include construction and maintenance of city buildings, streets and right-of-ways, storm sewers, property and equipment.

In a previous opinion, CEO 76-92, we advised that the public service director of a city did not hold a position encompassed by the disclosure law. Information contained in our file from that opinion request indicates that the public service director there was responsible for the construction and maintenance of city buildings, streets and right-of-ways, storm sewers, properties and equipment. Having examined your position description and the organizational chart for the departments which you head, we conclude that your position does not include the responsibilities of a water resources coordinator, pollution control director, or environmental control director.

Accordingly, we find that as City Engineer/Director of Public Works you are not a "local officer" and therefore are not required to file a statement of financial interests annually.