CEO 84-70 -- August 9, 1984

FINANCIAL DISCLOSURE

APPLICABILITY OF DISCLOSURE LAW TO CITY PUBLIC UTILITIES DIRECTOR

To: Mr. Bruce Canova, City Manager, City of Auburndale

SUMMARY:

The City of Auburndale Public Utilities Director is a "local officer" subject to the requirement of filing a statement of financial interests annually under Section 112.3145, Florida Statutes. As the Director's responsibilities include the operations of the City's water and sewer facilities, he is a "water resources coordinator" under the rationale of CEO 76-92 and CEO 84-37.

QUESTION:

Is the City of Auburndale Public Utilities Director a "local officer" subject to the requirement of filing a statement of financial interests annually?

Your question is answered in the affirmative.

The financial disclosure law requires each "local officer" to file a statement of financial interests within thirty days of appointment and annually thereafter by July 1. Section 112.3145(2)(b), Florida Statutes (1983). The term "local officer" is defined to include

[a]ny person holding one or more of the following positions: . . . county or municipal water resources coordinator . . . . [Section 112.3145(1)(a)3, Florida Statutes (1983).]

In a previous opinion, CEO 76-92, we advised that the public utilities director of a municipality, responsible for managing the water and sewer treatment facilities of the city, was a "water resources coordinator" for purposes of the financial disclosure law. More recently, in CEO 84-37, we advised that a county director of environmental protective services was a "water resources coordinator," as his responsibilities included directing the county's water and sewer treatment plants and systems.

You have advised that the Public Utilities Director for the City of Auburndale is responsible for planning, coordinating, and directing the operations of the City's water and sewer facilities, including treatment plants, lift stations, distribution and collection systems. Accordingly, under the rationale of our previous opinions, we find that the Public Utilities Director is a "local officer" subject to the requirement of filing a statement of financial interests (Commission on Ethics Form 1) annually.