CEO 75-147 -- July 9, 1975

 

PURCHASING AGENT

 

STATE ATTORNEY'S ADMINISTRATIVE ASSISTANT AUTHORIZED TO MAKE PURCHASES

 

To:      David H. Bludworth, State Attorney, West Palm Beach

 

Prepared by:   Jeff Trammel

 

SUMMARY:

 

Section 112.312(7)(j), F. S. (1974 Supp.), defines the term "public officer" to include "[p]urchasing agents for any agency or persons having the power normally conferred to purchasing agents by whatever title." Where an administrative assistant in a state attorney's office is authorized to sign purchase orders for the acquisition of office materials, he is exercising purchasing agent powers and therefore is deemed to be a public officer subject to financial disclosure.

 

QUESTION:

 

Is the state attorney's administrative assistant, who is authorized to make purchases for the office, a public officer within the meaning of that term as found in part III, Ch. 112, F. S. (1974 Supp.), and thus subject to disclosure provisions applicable to public officers?

 

This question is answered in the affirmative.

 

"Public officer" is defined to include "[p]urchasing agents for any agency or persons having the power normally conferred to purchasing agents by whatever title." Section 112.312(7)(j), supra.

The duties of a purchasing agent generally include contacting vendors, distributing bid invitations, preparing purchase orders, and various other functions. In the present case, the administrative assistant in your office is authorized to sign purchase orders for the acquisition of materials used by the office. This power to sign purchase orders is one which normally is conferred to purchasing agents. Thus, it is our opinion that your administrative assistant, being authorized to sign such purchase orders, is a public officer within the meaning of part III, Ch. 112, supra, and is therefore subject to financial disclosure provisions of the Code of Ethics.