CEO 78-55 -- September 8, 1978

MEDICAL EXAMINERS COMMISSION; DISTRICT MEDICAL EXAMINER

APPLICABILITY OF STATUTORY FINANCIAL DISCLOSURE LAW

To: J. E. Hodges, District Counsel, Department of Health and Rehabilitative Services, Gainesville

Prepared by: Phil Claypool

SUMMARY:

The Code of Ethics for Public Officers and Employees provides that each "state officer" shall file a statement of financial interests annually. Section 112.3145(2)(b), F. S. 1977. The term "state officer" is defined in s. 112.3145(1)(c)2. to include "an appointed member of each board, commission, authority, or council having statewide jurisdiction, excluding a member of an advisory body." The State Medical Examiners Commission, whose responsibilities include the submission of nominees to the Governor for the appointment of district medical examiners and the promulgation of rules and regulations relative to causative factors in deaths investigated by medical examiners, fails to meet the definition of "advisory body" contained in s. 112.312(1) in that said commission clearly is not solely advisory. Accordingly, members of the Medical Examiners Commission constitute "state officers" subject to the annual filing of financial disclosure.

The Code of Ethics further provides that each "local officer" file disclosure annually. Section 112.3145(2)(b), F. S. 1977. A district medical examiner, though appointed by the Governor, is not an appointed member of a board and therefore is not a "local officer" pursuant to s. 112.3145(1)(a)2., defining "local officer." Accordingly, a district medical examiner is not deemed to constitute a "local officer" subject to financial disclosure.

QUESTIONS:

1. Are the members of the Medical Examiners Commission "state officers" required to file financial disclosure annually?

2. Is a district medical examiner a "local officer" subject to the requirement of filing financial disclosure annually?

Question 1 is answered in the affirmative.

The Code of Ethics for Public Officers and Employees provides that each "state officer" shall file a statement of financial interests within 30 days from the date of his appointment, if he holds an appointive position, and annually thereafter. Section 112.3145(2)(b), F. S. 1977. The term "state officer" is defined to include

an appointed member of each board, commission, authority, or council having statewide jurisdiction, excluding a member of an advisory body. [Section 112.3145(1)(c)2., F. S. 1977.]

The term "advisory body" is defined to mean

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.]

The Medical Examiners Commission, as created by s. 406.02, F. S., is composed of six persons, four of whom are appointed by the Department of Health and Rehabilitative Services. The remaining two members are the Attorney General and the Executive Director of the Department of Criminal Law Enforcement, or their representatives. The Medical Examiners Commission, among other responsibilities, submits nominees to the Governor for the appointment of district medical examiners and promulgates rules and regulations regarding the performance of duties and maintenance of records to provide useful and adequate information to the state in regard to causative factors of those deaths investigated by a medical examiner. Section 406.06, F. S. 1977.

Inasmuch as these responsibilities are not solely advisory, we find that the Medical Examiners Commission is not an "advisory body" under the above-quoted definition. Accordingly, the members of the Medical Examiners Commission are "state officers" subject to the requirement of filing financial disclosure annually.

Question 2 is answered in the negative.

Each "local officer" also is required to file a statement of financial interests annually. 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 or 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.]

A district medical examiner is appointed by the Governor for each medical examiner district in the state. Section 406.06(1), F. S. 1977. A medical examiner is responsible for determining the cause of death when any person dies under the circumstances enumerated in s. 406.11(1), F. S. 1977.

It is apparent that a district medical examiner is not an appointed member of a board, commission, authority, or council. A district medical examiner is not an elected official under s. 112.3145(1)(a)1., F. S.; nor is the position of medical examiner one of those enumerated in s. 112.3145(1)(a)3., F. S. Accordingly, we find that a district medical examiner is not a "local officer" within the meaning of the financial disclosure law and therefore is not required to make such disclosure annually.