CEO 78-80 -- November 15, 1978

ADVISORY COMMITTEES TO COUNTY PLANNING COUNCIL

APPLICABILITY OF FINANCIAL DISCLOSURE LAW TO MEMBERS

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

Prepared by: Phil Claypool

SUMMARY:

Reference is made to CEO 77-47. Members of a governmental body with natural resources responsibilities are "local officers" subject to the requirement of filing financial disclosure, notwithstanding the fact that the governmental body may serve solely an advisory function. Section 112.3145(1)(a)2., F. S. 1977. An areawide planning advisory committee for water quality management, its technical advisory subcommittee, and its citizens advisory committee all have natural resources responsibilities as they are substantially responsible for the formulation of policy recommendations regarding the county water quality management plan. Members of such boards accordingly are "local officers" subject to financial disclosure.

A citizens advisory committee to the county planning council similarly is deemed to have land-planning and natural resources responsibilities and therefore cannot be deemed an "advisory body." See CEO 78-61. Unlike the committees addressed in CEO 78-69, the instant committee does not serve only to report public reaction to plan proposals through public hearings on the proposals; rather, the committee participates in the analysis of proposals and the presentation of alternate solutions. Its members therefore constitute "local officers" for purposes of the annual filing of financial disclosure under s. 112.3145(1)(a)2., F. S.

QUESTIONS:

1. Are the members of the ____ County Technical Advisory Committee for Comprehensive Planning "local officers" subject to the requirement of filing financial disclosure annually?

2. Are the members of the ____ County Areawide Planning Advisory Committee for Water Quality Management, its citizens advisory committee, and its technical advisory subcommittee "local officers" subject to the requirement of filing financial disclosure annually?

3. Are the members of the citizens advisory committee to the ____ County Planning Council "local officers" subject to the requirement of filing financial disclosure annually?

Question 1 is answered in the affirmative.

In your letter of inquiry you advise that the ____ County Technical Advisory Committee for Comprehensive Planning was created pursuant to s. 163.3207, F. S.

In a previous advisory opinion, CEO 77-47, we advised that the members of technical advisory committees created under this law fall within the definition of "local officer" and therefore are required to comply with the financial disclosure requirements of s. 112.3145, F. S.

Question 2 is answered in the affirmative as to the members of all three of these committees.

As we advised in CEO 77-47, referenced in response to your first question, the members of a governmental body with natural resources responsibilities are considered to be "local officers" subject to the requirement of filing financial disclosure, notwithstanding the fact that the governmental body may serve solely an advisory function. In our opinion, the areawide planning advisory committee for water quality management, its technical advisory subcommittee, and its citizens advisory committee all have natural resources responsibilities as they are substantially responsible for the formulation of policy recommendations regarding the ____ areawide water quality management plan. See ss. 4.5, 4.6.5, and 5.5 of the Bylaws of the ____ County Areawide Water Quality Management Planning Public Participation Program.

Accordingly, we find that the members of these three committees are "local officers" subject to the requirement of filing financial disclosure annually under s. 112.3145, F. S.

Question 3 is answered in the affirmative.

In your letter of inquiry, you advise that the ____ County Planning Council has created a citizens advisory committee to provide citizen input and reaction to ongoing planning programs. The members of the committee are appointed by the chairman of the county commission and the mayors of each municipality within the county. In a telephone conversation with our staff, the assistant administrator for the planning council advised that while the committee is not active presently, in the past it has made recommendations concerning the county's land-use plan, as well as transportation, housing, and water and sewer planning. She also advised that the committee is free to make any recommendation, including alternative solutions to problems, concerning the proposals which are placed before it. In addition, she advised that the committee is designed to provide citizen input into the planning process as being representative of the general public, rather than by actively seeking public reaction itself through public hearings from which it reports public response to plan proposals.

In our view, the citizens advisory committee to the planning council has land-planning and natural resources responsibilities and therefore cannot be an "advisory body." See CEO 76-61. Unlike the committees addressed in CEO 78-69, the citizens advisory committee does not serve to report public reaction to plan proposals through public hearings on the proposals; rather, the committee participates in the analysis of proposals and the presentation of alternate solutions.

Accordingly, we find that the members of the citizens advisory committee to the planning council are "local officers" subject to the requirement of filing financial disclosure annually.