CEO 74-82 -- December 23, 1974

MEDICAL EXAMINERS

APPLICABILITY OF DISCLOSURE LAW TO MEDICAL EXAMINERS COMMISSION AND TO MEDICAL EXAMINERS

To: J. E. Hodges, Staff Counsel, Department of Health and Rehabilitative Services, Jacksonville

Prepared by: Patricia Butler

SUMMARY:

Under the definition set forth in s. 112.312(7)(b), F. S., as amended by Ch. 74-177, Laws of Florida, all commission members are public officers for purposes of the law unless they act solely in an advisory capacity. Since s. 406.02, F. S., empowers the Medical Examiners Commission to initiate policies with state agencies, promulgate rules and regulations, and establish examiner districts, the commission is a regulatory and policymaking body whose members are public officers subject to the applicable provisions of part III, Ch. 112, supra. Since they are not listed in the exclusive and explicit categories of public officers in part III, supra, district medical examiners and associate medical examiners are not public officers within the meaning of the law. However, medical examiners, as employees of the board of county commissioners (s. 406.08(1), F. S. 1974), are employees of an agency as defined within s. 112.312(7) and (8), supra. Therefore, district medical examiners and associate medical examiners are subject to standards of conduct set forth in part III, Ch. 112, supra, for agency employees, particularly the filing of CE Form 3 when applicable circumstances exist [cf. s. 112.313(3), supra].

QUESTIONS:

1. Are members of the Medical Examiners Commission public officers within the meaning of part III, Ch. 112, F. S., as amended by Ch. 74-177, Laws of Florida, and therefore subject to the disclosure provisions as applied to public officers?

2. Are district medical examiners and associate medical examiners public officers within the meaning of part III, Ch. 112, supra, and therefore subject to the disclosure provisions as applied to public officers?

3. Are district medical examiners and associate medical examiners employees of an agency within the meaning of part III, Ch. 112, supra, and therefore subject to the disclosure provisions as applied to employees of agencies?

Question 1 is answered in the affirmative.

The definition of a public officer includes:

Members of boards, commissions, authorities, special taxing districts . . . however selected but excluding advisory board members. [Section 112.312(7)(b), supra; emphasis supplied.]

Under this definition all commission members are public officers for purposes of this law unless they act solely in an advisory capacity. The Medical Examiners Commission, which was created by s. 406.02, F. S. 1974, has the responsibility of submitting annual reports to the Governor and Legislature; initiating cooperative policies with state agencies; promulgating rules and regulations; and establishing medical examiner districts. Clearly, the Medical Examiners Commission has responsibilities which are more than advisory in nature. We are therefore of the opinion that the members of this commission are public officers within the meaning of part III, Ch. 112, supra, and are therefore subject to those provisions relating to public officers.

Question 2 is answered in the negative.

The categories of persons declared to be public officers for the purpose of part III, supra, are explicit and exclusive. Thus, in order to be subject to those portions of this law which apply to public officers, one's position must be expressly stated within the definition of that term as found in part III, supra. In the present instance the law fails to designate district medical examiners and associate medical examiners as public officers. Accordingly, it is our opinion that these persons are not public officers within the meaning of this law. Therefore, they are not subject to those disclosure provisions relating to public officers.

Question 3 is answered in the affirmative.

As prescribed in s. 406.06, F. S. 1973, each district medical examiner is appointed by the Governor. The associate medical examiners are appointed by the district medical examiner to provide service at all times and all places within the district. Both of these types of examiners must be physicians. The duties of the examiners are "to perform examinations, investigations and autopsies as deemed necessary or as requested by the state attorney." Section 406.11, F. S. 1973.

Certain standards of conduct set forth in part III, Ch. 112, supra, apply to both public officers and employees of agencies. As used in this law, the term "agency" means: "any state, county, local or municipal governmental entity, whether executive, judicial or legislative . . . ." (Emphasis supplied.) Section 112.312(i), supra. As stated in s. 406.08(1), F. S. 1973, the "fees, salaries, and expenses [of medical examiners] may be paid from general funds or any other funds under the control of the board of county commissioners." (Emphasis supplied.) Medical examiners, as employees of the board of county commissioners, are therefore clearly employees of an "agency." Thus, the district medical examiners and the associate medical examiners, as employees of an agency, must comply with the applicable standards of conduct set forth in part III, Ch. 112, supra.

The disclosure provisions of s. 112.313(3), supra, state in part:

If a public officer or employee of an agency is an officer, director, partner, proprietor, associate or general agent (other than a resident agent solely for service of process) of, or owns a material interest in, any business entity which is granted a privilege to operate, or is doing business with an agency of which he is an officer or employee, he shall file a statement disclosing such facts within forty-five days of becoming an officer or employee or within forty-five (45) days of the acquisition of such position or of such material interest . . . . (Emphasis supplied.)

If applicable, these employees must file CE Form 3, Disclosure of Conflicts of Interest. It should be noted that this form is only to be filed if they have the type of interest or business conflict described in s. 112.313(3), supra. CE Form 3 is not required to be filed if the response to each question therein would be "none" or "not applicable." See CEO 74-2.