CEO 78-88 -- November 15, 1978
LOCAL GOVERNMENT STUDY COMMISSION AND ADVISORY COMMITTEE
APPLICABILITY OF FINANCIAL DISCLOSURE LAW TO MEMBERS
To: Lori Wilson, Senator, 16th District, Cocoa Beach
Prepared by: Phil Claypool
SUMMARY:
The Code of Ethics provides that each "local officer" shall file a statement of financial interests annually. Section 112.3145(2)(b), F. S. 1977. The term "local officer" is defined in s. 112.3145(1)(a)2. to include an appointed member of any board, excluding members of advisory bodies. In order to constitute an "advisory body" for purposes of the financial disclosure law, a particular board's authority must be solely advisory. Section 112.312(1), F. S. 1977. A local government study commission whose recommendations as to changes in a county charter are placed directly on a referendum ballot is not deemed to exercise solely advisory functions. See CEO's 74-4 and 75-189, revoking CEO 75-163. Its members accordingly are local officers subject to the filing of financial disclosure. Relative to an advisory committee to the study commission, which has not yet been appointed or its duties prescribed, it is not possible to determine the applicability of the disclosure law to its members. Generally, if the commission has complete discretion to accept or reject the advice or recommendations presented by the advisory committee, and if the committee meets the budgetary test set forth in s. 112.312(1), its members would not constitute "local officers."
QUESTIONS:
1. Are the members of the Brevard County Local Government Study Commission "local officers" subject to the requirement of filing financial disclosure annually?
2. Are the members of an advisory committee to the Brevard County Local Government Study Commission "local officers" 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 "local officer" shall 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 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.]
Chapter 78-473, Laws of Florida, creates in Brevard County a local government study commission to study the structures, services, functions, and operations of all governmental units and bodies located within the county. The commission is composed of 15 official members and 3 alternates, all of whom are chosen by the Brevard County legislative delegation. Funding for the commission comes from the board of county commissioners and from other public and private contributions. After completion of the research and studies the commission is required to make during its 18-month term of existence, the commission is to prepare a final report for transmission to the board of county commissioners, the Brevard League of Municipalities, and the legislative delegation. This report is required to contain recommended solutions or alternatives to specific problems in the operation and taxation of local government. If the report contains a proposal for a charter form of county government, this proposal is to be placed on the ballot before the voters of the county for approval or disapproval at the following general election. Proposals which would require legislative action, including a special act or any other legal instrument necessary for the creation of a new unit of local government or the changing of a unit's boundaries, similarly will be placed on the ballot. Proposals which can be implemented under existing laws granting home rule powers, which would require voluntary transfers of functions and responsibilities or which would authorize interlocal agreements for the performance of functions, also would be submitted to the electorate.
In order to constitute an "advisory body" for purposes of the financial disclosure law, a particular commission's authority must be solely advisory. We have previously advised that the Volusia County Charter Review Commission and the Broward County Charter Commission performed functions which were not solely advisory, inasmuch as their charter proposals were to be placed directly on the ballot rather than having to be approved by another governmental body or agency before placement on the ballot. See CEO 74-4, and CEO 75-189 revoking CEO 75-163. As the responsibilities of the Brevard County Local Government Study Commission are substantially the same as those involved in these previous opinions, we find that the commission's powers and authority are not solely advisory.
Accordingly, we find that the members of the Brevard County Local Government Study Commission are "local officers," subject to the requirement of filing financial disclosure annually.
As to question 2, Ch. 78-473, Laws of Florida, authorizes the local government study commission to appoint an advisory committee, the members of which may be appointed to serve on subcommittees of the commission for specific study and inquiry. In a telephone conversation with our staff, your office advised that such an advisory committee has not been created at this time and its duties and responsibilities have not been specified yet, because the commission only recently has been created. In the absence of more information than that which is contained in Ch. 78-473 regarding the responsibilities of such an advisory committee, we are unable to advise you whether its members are required to file financial disclosure. Generally, if the commission has complete discretion to accept or reject the advice or recommendations presented by the advisory committee, and if the committee meets the budgetary test set forth in s. 112.312(1), above, its members would not constitute "local officers."