CEO 83-12 -- March 10, 1983

FINANCIAL DISCLOSURE

APPLICABILITY OF FINANCIAL DISCLOSURE LAW TO MEMBERS OF CITY HOUSING AUTHORITY

To: Mr. Michael C. Brody, Chairman, Delray Beach Housing Authority

SUMMARY:

The members of the Delray Beach Housing Authority are "local officers" subject to the requirement of filing statements of financial interests annually as a city housing authority is an authority of a political subdivision of the State as provided in Section 421.04(1), Florida Statutes. CEO's 77-50, 77-156, and 79-54 are referenced.

QUESTION:

Are the members of the Delray Beach Housing Authority "local officers" subject to the requirement of filing statements of financial interests annually?

Your question is answered in the affirmative.

In your letter of inquiry you advise that you are the Chairman of the Delray Beach Housing Authority. You question whether the financial disclosure law applies to the members of the Housing Authority, as the Authority is an autonomous body, tied to the City only through appointment, and as the Authority takes its direction from and is answerable only to the Federal Department of Housing and Urban Development.

The financial disclosure law provides that each "local officer" is required to file a statement of financial interests annually. Section 112.3145(2)(b), Florida Statutes. The term "local officer" is defined to include:

Any appointed member of a board, commission, authority, community college district board of trustees, or council of 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, Florida Statutes (1981). (E.S.)]

We previously have advised that members of city and county housing authorities are required to file financial disclosure in accordance with Section 112.3145, Florida Statutes. See CEO 77-50 (Question 4), CEO 77-156, and CEO 79-54.

The Housing Authorities Law provides in relevant part:

In each city, as herein defined, there is hereby created a public body corporate and politic to be known as the 'Housing Authority' of the city; provided, however, that such authority shall not transact any business or exercise its powers hereunder until or unless the governing body of the city by proper resolution shall declare that there is need for an authority to function in such city. . . . . [Section 421.04(1), Florida Statutes (1981).]

In our view, as housing authorities have been created "in each city" "as the 'Housing Authority' of the city," a city housing authority is an authority of a political subdivision of the state within the terms of the financial disclosure law.

Accordingly, we find that the members of the Delray Beach Housing Authority are "local officers" subject to the requirement of filing statements of financial interests annually.