CEO 80-74 -- October 30, 1980

DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES DIRECT SERVICE SUPERVISOR

APPLICABILITY OF FINANCIAL DISCLOSURE LAW

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

Prepared by: Phil Claypool

SUMMARY:

Although the Department of Health and Rehabilitative Services is not structured by divisions and bureaus, as are most state departments, the commission previously has advised that persons holding positions within the department which are the equivalent of bureau chiefs and assistant bureau chiefs are "specified employees" for purposes of the financial disclosure law. See CEO 78-50, in which it was found that "where the principal unit of a district is the service network, rather than the subdistrict, the service network manager is the equivalent of a bureau chief, and the assistant bureau chief equivalent would include his assistants -- those positions, if any, which are geographically coterminous to his position, which have substantial authority in the service network, and which answer directly to the service network manager." Based on this rationale, a direct service supervisor with H.R.S. whose responsibilities are limited to an area of a service network and whose position therefore is not geographically coterminous with that of the service network manager is not the equivalent of an assistant bureau chief and therefore does not constitute a specified employee subject to disclosure.

QUESTION:

Am I, a Direct Service Supervisor of the Department of Health and Rehabilitative Services, District 11, a "specified employee" 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 "specified employee" shall file a statement of financial interests annually. Section 112.3145(2)(b), F. S. The term "specified employee" is defined to include persons holding the positions listed in s. 112.3145(1)(b), which includes bureau chiefs and assistant bureau chiefs of any state department or division.

Although the Department of Health and Rehabilitative Services is not structured by divisions and bureaus, as are most state departments, we have advised previously that persons holding positions within the department which are the equivalent of bureau chiefs and assistant bureau chiefs are "specified employees." See CEO 78-50. In that opinion, we advised:

[W]here the principal unit of a district is the service network, rather than the subdistrict, the service network manager is the equivalent of a bureau chief, and the assistant bureau chief equivalent would include his assistants -- those positions, if any, which are geographically coterminous to his position, which have substantial authority in the service network, and which answer directly to the service network manager.

In your letter of inquiry and in a telephone conversation with our staff, you advise that, as direct service supervisor, your responsibilities are limited to the Perrine area of service network 3 of district 11. Since your position is not geographically coterminous with that of the service network manager, we find that you are not the equivalent of an assistant bureau chief.

Accordingly, we find that you are not a "specified employee" and that you are not subject to the requirement of filing a statement of financial interests annually.