CEO 75-13 -- January 6, 1975

CE FORM 3

DISCLOSURE TO BE MADE ON FORMS APPROVED BY ETHICS COMMISSION

To: Hilary U. Albury, Attorney, Monroe County Schools, Key West

Prepared by: Patricia Butler

SUMMARY:

All disclosure required of public officers, candidates, and employees by part III, Ch. 112, F. S., as amended by Ch. 74-177, Laws of Florida, are to be made on forms prescribed by the Ethics Commission (s. 7, Ch. 74-177, supra). Further, the Superintendent of Monroe County Schools is a public officer who must disclose on CE Form 3 his status as officer, director, partner, proprietor, associate, or general agent of any business entity which is granted a privilege to operate even though there is no apparent conflict of interest between his duties as school superintendent and bank director.

QUESTION:

Are statements of disclosure pursuant to the requirements of part III, Ch. 112, F. S., as amended by Ch. 74-177, Laws of Florida, required to be made on forms approved by the Ethics Commission?

This question is answered in the affirmative.

The applicable section of this law states:

All information required to be furnished by this act shall be on forms prescribed by the ethics commission. [Section 7, Ch. 74-177, supra.]

Thus, it is quite clear that all disclosures to be made by public officers, candidates, and employees pursuant to part III, supra, must be made on forms approved by the Ethics Commission.

In the present situation, the affidavit filed by Mr. Henriquez with the Circuit Court Clerk of Monroe County states that he did not have a conflict of interest in his positions as Superintendent of Schools for Monroe County and as Director on the Governing Board of the Marathon State Bank. However, by virtue of the fact that Mr. Henriquez is Director of the Governing Board of a state bank, he must file a copy of CE Form 3, Disclosure of Conflicts of Interest, disclosing his directorship. This is required by a provision of the Code of Ethics for Public Officers which states in part:

If a public officer or employee of an agency is an officer, director, partner, proprietor, associate or general agent (other than a resident agent solely for service of process) of, . . . any business entity which is granted a privilege to operate . . . he shall file a statement disclosing such facts within forty-five days of becoming an officer or employee or within forty-five (45) days of the acquisition of such position or of such material interest. [Section 112.313(3), supra; emphasis supplied.]

Business entities which are granted a privilege to operate include "state and federal chartered banks." Section 112.312(6), supra. Therefore, under the terms of this law, Mr. Henriquez must file CE Form 3 disclosing his directorship of the governing board of Marathon State Bank even though there is no apparent conflict presented between his duties as superintendent of schools and as director of the bank. A copy of this form is enclosed for Mr. Henriquez's use.