CEO 78-46 -- July 20, 1978

CHARITABLE SOLICITATIONS BOARD

APPLICABILITY OF STATUTORY FINANCIAL DISCLOSURE LAW TO MEMBERS

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

Prepared by: Phil Claypool

SUMMARY:

The Code of Ethics for Public Officers and Employees provides that each "local officer" shall file financial disclosure annually. Section 112.3145(2)(b), F. S. 1977. The term "local officer" is defined in s. 112.3145(1)(a)2. to include any appointed member of a board of a political subdivision, excluding members of advisory bodies. In order to be termed an "advisory body" for purposes of the disclosure law, a board's powers must be solely advisory and not include the final determination of any personal or property rights. Section 112.312(1), F. S. A municipal charitable solicitations board which is empowered to issue or refuse issuance of certificates entitling promoters to seek charitable contributions within the city exercises powers which are not solely advisory. Accordingly, members of such charitable solicitations board constitute "local officers" subject to financial disclosure.

QUESTION:

Are the members of the City of ____ Charitable Solicitations Board "local officers" subject to filing financial disclosure annually?

Your question is answered in the affirmative.

The Code of Ethics for Public Officers and Employees provides that each "local officer" shall file financial disclosure by noon of July 15 of each year. 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 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., F. S. 1977.]

In turn, an "advisory body" is defined as

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.]

Thus, in order to be termed an "advisory body" for purposes of the disclosure law, a particular board's powers must be solely advisory and not include the final determination of any personal or property rights. However, in our view, the powers of the Charitable Solicitations Board are not solely advisory, and therefore its members are "local officers."

The Charitable Solicitations Board, as created by s. 11-328 of the ____ City Code, is composed of seven members appointed by the city manager with the consent of the city council from various charitable and business organizations in the city. Among other powers, the board has the authority to issue or refuse to issue certificates to promoters entitling them to solicit contributions for charitable causes within the city. Section 11-355, ____ City Code. In addition, the board is authorized to hold a hearing and suspend or revoke a certificate upon a determination that a promoter's actions are unfair, unjust, inequitable, or fraudulent. Section 11-356, ____ City Code. These powers are not solely advisory.

Accordingly, we find that the members of the City of ____ Charitable Solicitations Board are "local officers," subject to filing financial disclosure annually under s. 112.3145, F. S.