CEO 85-53 -- August 8, 1985

FINANCIAL DISCLOSURE

APPLICABILITY OF DISCLOSURE LAW TO COUNTY DEVELOPMENT AND PLANNING COORDINATOR

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

SUMMARY:

The Development and Planning Coordinator for Brevard County is not a "local officer" subject to the requirement of filing annual statements of financial interests under Section 112.3145, Florida Statutes.

QUESTION:

Are you, the Development and Planning Coordinator for Brevard County, 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 $1000 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 Development and Planning Coordinator for Brevard County, in which position you are responsible for directing the work of the Development Services Division, which includes both the Planning and Zoning Department and the Building and Construction Department. Your position description indicates also that your work involves responsibility for formulating and coordinating the County's comprehensive plan, promoting industry and tourism, and administering the County building and zoning regulations.

You also advise that you are not the Chief Building Inspector, who is the Building and Construction Department Director. In addition, you advise that under County ordinances land development decisions are made by the Planning and Zoning Director rather than by you, and that those decisions may be appealed to the Board of Adjustment and Appeals. Finally, you advise that you do not have any purchasing authority, as any purchases you wish to make would require the approval of the Board of County Commissioners or the County Purchasing Department.

Accordingly, although the Planning and Zoning Director and the Building and Construction Department Director are included as "local officers" for purposes of the financial disclosure law, we find that you are not a "local officer" subject to the requirement of filing a statement of financial interests annually.