CEO 84-46 -- June 7, 1984

FINANCIAL DISCLOSURE

APPLICABILITY OF DISCLOSURE LAW TO MEMBERS OF CITY DEVELOPMENT REVIEW COMMITTEE

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

SUMMARY:

The members of the City of Tampa Development Review Committee are not "local officers" subject to the requirement of filing statements of financial interests under Section 112.3145, Florida Statutes. The Committee merely consists of city employees designated by their department to attend meetings to review development proposals. The Committee has no authority independent of, greater than, or different from the authority possessed by each of the Departments.

QUESTION:

Are the members of the City of Tampa Development Review Committee "local officers" subject to the requirement of filing statements of financial interests annually?

Your question is answered in the negative.

In your letter of inquiry you advise that by executive order the Mayor of the City of Tampa has created a Development Review Committee composed of representatives of each City department having responsibilities in reviewing development within the City. The Committee merely consists of City employees who are designated by their departments to attend meetings to review proposals submitted to the City by developers or potential developers. The committee does not have any independent authority which would be greater than or different from the authority possessed by each of the departments constituting the Committee. No votes are taken at any meetings, and each department retains its authority to review proposed development for compliance with City code provisions. In essence, you advise, the committee was established merely to provide assistance and guidance to developers and to expedite the development review process.

Section 112.3145, Florida Statutes, requires each "local officer" to file a statement of financial interests annually and defines that classification to include appointed members of boards, commissions, and councils of any political subdivision of the State. In our view, the City employees designated to sit on the Development Review Committee are not appointed members of a board of the City within the contemplation of the financial disclosure law. The Committee possesses no role, mission, or authority independent of that of the various City departments involved in the development review process. Its sole function is to assist developers by expediting the development review process.

Accordingly, as the Committee lacks any independent role or authority, we find that those City employees designated to participate on the Committee are not "local officers" and therefore are not subject to the requirement of filing a statement of financial interests annually. However, any City administrator having "the power to grant or deny a land development permit" is a "local officer" under Section 112.3145(1)(a)3, Florida Statutes, and therefore would be required to file financial disclosure.