CEO 78-48 -- July 20, 1978

TAMARAC CITY CODE ADVISORY STUDY COMMISSION

APPLICABILITY OF FINANCIAL DISCLOSURE LAW TO MEMBERS

To:Oscar L. Tucker, Member, Tamarac Code Advisory Study Commission, Tamarac

Prepared by:Phil Claypool

SUMMARY:

For purposes of financial disclosure, s. 112.3145(1)(a)2., F. S. 1977, defines the term "local officer" to include an appointed member of a board of a political subdivision, excluding any member of an advisory body. "Advisory body," in turn, is defined to include a board whose powers are solely advisory and do not include the final determination of any personal or property rights; additionally, an advisory body must meet certain budget standards. Section 112.312(1), F. S. A municipal code advisory study commission which has no budget or authorized expenditures and which is charged with the responsibility of studying the city code and periodically recommending amendments or clarifications thereof to the city council constitutes an "advisory body" within the definition of that term contained within the Code of Ethics. Its members, therefore, do not constitute "local officers" subject to the annual filing of financial disclosure.

QUESTION:

Are the members of the Tamarac City Code Advisory Study Commission "local officers" subject to the requirement of filing financial disclosure annually?

Your question is answered in the negative.

The Code of Ethics for Public Officers and Employees provides that each "local officer" shall file financial disclosure by noon of July 15 of each year. Section 112.3145(2)(b), F. S. 1977. The term "local officer" is defined to include:

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., F. S. 1977.]

In turn, an "advisory body" is defined as

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), F. S. 1977.]

Thus, in order to be termed an "advisory body," a particular commission's powers must be solely advisory and cannot include the final determination of any personal or property rights, and the commission must meet the budgetary tests set out above.

The city council resolution which created the Tamarac City Code Advisory Study Commission charges the commission with the advisory responsibility of studying all facets of the city code and of periodically recommending amendments or clarifications of any portions of the code to the city council. Resolution R-77-18, City of Tamarac. In addition, Ms. Gertrude Bernhardt, the secretary to the commission, has advised our staff in a telephone conversation that the commission has no budget or authorized expenditures.

From these facts it is clear that the commission is an "advisory body" and, accordingly, we find that its members are not "local officers" and therefore are not required to file financial disclosure under s. 112.3145, F. S. 1977.