CEO 86-11 -- February 20, 1986

FINANCIAL DISCLOSURE

APPLICABILITY OF FINANCIAL DISCLOSURE LAW TO NONSUPERVISORY AND SUPERVISORY COUNTY BUILDING EMPLOYEES

To: Mr. Mark F. Carpanini, Assistant County Attorney, Polk County

SUMMARY:

The Chief Plans Examiner/Field Inspectors and Chief Field Inspectors of the Polk County Building Department are not "local officers" subject to the requirement of filing statements of financial interests annually under Section 112.3145, Florida Statutes; the inspection supervisor who functions as the equivalent of the chief county building inspector would be subject to the financial disclosure law. CEO's 75-23 and 80-65 are referenced. The permit supervisor of the building department, who supervises personnel issuing various types of zoning and building permits and who is authorized to issue permits, is a county administrator with the power to grant or deny a land development permit and therefore is a "local officer" subject to the financial disclosure law. CEO's 75-198, 76-8, and 77-113 are referenced.

QUESTION 1:

Are Chief Plans Examiner/Field Inspectors, Chief Field Inspectors, and the Inspection Supervisor of the Polk County Building Department "local officers" subject to the requirement of filing statements of financial interests annually?

This question is answered in the negative regarding Chief Plans Examiner/Field Inspectors and Chief Field Inspectors, and in the affirmative regarding the Inspection Supervisor.

Through your letter of inquiry and a telephone conversation with our staff, you have advised that the Polk County Building Department is headed by the Building Official. The nonsupervisory positions of Chief Plans Examiner/Field Inspector and Chief Field Inspector are responsible for on-site building, plumbing, mechanical, and electrical inspections to ensure compliance with County codes. These positions are supervised by the Inspection Supervisor, who in turn is supervised by the Building Official. The duties of the Inspection Supervisor include planning, directing, coordinating, and supervising the daily operational activities and services of the construction code inspection staff. In addition, the Inspection Supervisor performs inspections and ensures that staff inspectors implement compliance with appropriate code requirements.

The Code of Ethics for Public Officers and Employees requires each "local officer" to file a statement of financial interests annually. Section 112.3145(2)(b), Florida Statutes. The term "local officer" is defined to include the "chief county or municipal building inspector." Section 112.3145(1)(a)3, Florida Statutes.

Under the 1974 financial disclosure law, which included "city and county building inspectors," we advised that this classification would apply only to the chief building inspector and that subordinate inspectors under the supervision of the chief inspector were not required to file financial disclosure. See CEO 75-23. Similarly, under the current disclosure law we have advised that part-time electrical and plumbing inspectors are not required to file statements of financial interests. See CEO 80-65.

Accordingly, based on the rationale of these previous opinions, we find that the positions of Chief Plans Examiner/Field Inspectors and Chief Field Inspectors are not "local officers" subject to the requirement of filing statements of financial interests annually. We further find that the Inspection Supervisor functions as the equivalent of the "chief county building inspector" and therefore is a "local officer" subject to the requirement of filing a statement of financial interests annually.

QUESTION 2:

Is the Permit Supervisor of the Polk County Building Department a "local officer" subject to the requirement of filing a statement of financial interests annually?

This question is answered in the affirmative.

The financial disclosure law also defines as a "local officer" a "county or municipal administrator, with power to grant or deny a land development permit." Section 112.3145(1)(a)3, Florida Statutes. In CEO 75-198 we found that the director of a county planning and zoning department who had the authority to decide whether zoning specifications were met by a proposed development came within the quoted language. In CEO 76-8 we advised that the director of a zoning department who was required to approve all building permits also had the power "to grant or deny a land development permit." In addition, in CEO 77-113 we found that a county engineer who was empowered to approve or deny permits regarding land development and subdivision control was a "local officer."

In your letter of inquiry and in a telephone conversation with our staff, you have advised that the chief duty and responsibility of the Permit Supervisor is to direct, coordinate, and supervise the daily operational activities of the personnel who issue various types of zoning and building permits. The Permit Supervisor does not routinely issue permits or examine plans, but may do so from time to time. In the event a dispute or problem arises in the issuance of a permit, the Permit Supervisor is responsible for resolving the situation. Further administrative review would be possible by the Building Official, to whom the Permit Supervisor answers. In addition, the Permit Supervisor makes certain incidental determinations regarding the zoning status of a particular parcel of land.

In our view, the Permit Supervisor is a county administrator, because of the position's supervisory and administrative responsibilities. Further, based on CEO 75-198 and CEO 76-8, we find that the Permit Supervisor has the power to grant or deny a land development. Similarly, the Building Official would be a county administrator with the power to grant or deny a land development permit.

Accordingly, we find that the Permit Supervisor of the County Building Department is a "local officer" subject to the requirement of filing a statement of financial interests annually.