CEO 79-36 -- June 6, 1979

REGIONAL TRAINING COUNCIL FOR POLICE STANDARDS AND TRAINING COMMISSION

APPLICABILITY OF FINANCIAL DISCLOSURE LAW TO MEMBERS

To: Daryl G. McLaughlin, Project Coordinator, Bureau of Training, Police Standards and Training Commission, Tallahassee

Prepared by: Phil Claypool

SUMMARY:

The 14 regional training councils for the Police Standards and Training Commission, established by proposed administrative Rule 11B-18, have no budget or authorized expenditures and serve strictly in an advisory capacity to the Police Standards and Training Commission, which can overrule any council decision. Accordingly, such councils meet the definition of "advisory body" contained in s. 112.312(1), F. S., and council members therefore do not constitute "local officers" pursuant to s. 112.3145(1)(a)2. so as to be subject to the annual filing of financial disclosure.

QUESTION:

Are the members of a local regional training council for the Police Standards and Training Commission "local officers" subject to the requirement of filing financial disclosure annually?

Your question is answered in the negative.

In your letter of inquiry you advise that the Police Standards and Training Commission has proposed a Law Enforcement Training Trust Fund administrative rule, which outlines the duties and responsibilities of the 14 local regional training councils of the commission. Section 943.25, F. S., establishes a fund for the implementation of an advanced and highly specialized training program for police officers and support personnel. Under proposed Rule 11B- 18, portions of these funds are allocated to the 14 regional training areas of the state, in accordance with a budget approved by the commission. The rule creates a local regional training council for each of these regions composed of not more than nine members, of which six are required to be police officers, with not more than three members representing certified training centers. Rule 11B- 18.05(2). The allocation of funds to each region is based on the number of full-time police officers in that area; each training council is responsible for submitting to the commission for its approval an annual budget identifying proposed fund expenditures. Rule 11B-18.07. In addition, each council is responsible for appointing a fiscal agent to assist the council, receive and disburse funds, and maintain financial records.

In a telephone conversation with our staff, you advised that, at present, none of the councils has a budget or any authorized expenditures. You further advised that the commission has the authority to approve, amend, or disapprove each council's budget and can overrule any decision of the councils. In addition, you advised that each council is granted the discretion to designate a fiscal agent, who does not receive a salary or any other compensation for his duties.

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

[a]ny 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.]

The regional training councils clearly have no land-planning, zoning, or natural resources responsibilities. In addition, it appears that their 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, as all final decisions are made by the Police Standards and Training Commission. As you have advised that the councils have no budget or authorized expenditures at the present, we find that the members of a local regional training council for the Police Standards and Training Commission are not "local officers" and therefore are not subject to the requirements of filing financial disclosure annually.