CEO 79-42 -- July 19, 1979

MUNICIPAL PROSECUTOR

APPLICABILITY OF FINANCIAL DISCLOSURE LAW

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

Prepared by: Phil Claypool

SUMMARY:

A city prosecutor, whose office was established for the purpose of prosecuting violations of municipal ordinances and who is appointed by the mayor, constitutes neither a "local officer" nor "specified employee" subject to financial disclosure inasmuch as his position is not one of those enumerated in s. 112.3145(1)(a) or (1)(b), F. S. 1977, for purposes of the Financial Disclosure Law.

QUESTION:

Is a municipal prosecutor a "local officer" subject to the requirement of filing financial disclosure annually?

Your question is answered in the negative.

In your letter of inquiry you advise that the office of city prosecutor has been established by the City of Orlando for the purpose of prosecuting violations of municipal ordinances within the city. Section 20(c)(12), Art. V, State Const., and s. 34.13(5), F. S. You further advise that this position is not within the office of the state attorney but is funded entirely by the City of Orlando. Finally, you advise that you have been appointed by the mayor to assume this position.

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), F. S. 1977. However, the position of city prosecutor is not one of those enumerated in s. 112.3145(1)(a), defining "local officer." Nor does your position fall within the definition of a "specified employee," as you are not an assistant state attorney. Section 112.3145(1)(b), F. S. 1977.

Accordingly, we find that as city prosecutor you are not required to file financial disclosure in accordance with s. 112.3145, F. S.