CEO 75-173 -- August 26, 1975

DISCLOSURE OF REPRESENTATIONS BEFORE AGENCIES

CE FORM 2 FILING REQUIREMENTS

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

Prepared by: Bonnie Johnson

SUMMARY:

CE Form 2, the quarterly statement of disclosure of representations of clients before agencies, is a quarterly statement of disclosure, the initial filing of which would be made within 15 days after the last day of the first calendar quarter during which one served as a public officer and within 15 days after the final day of each succeeding quarter one serves as an officer. The phrase "same level of government as his own agency" contained in the disclosure of representations provisions is interpreted to require disclosure of any representations made before agencies within the same political subdivision of which one is an officer. Reference is made to CEO 74-89A. CE Forms 2, 3, and 4 are required to be filed only if applicable.

QUESTIONS:

1. When must a public officer first file CE Form 2, the Disclosure of Representations Before Agencies?

2. What is meant by the phrase "same level of government as his own agency" in reference to the Disclosure of Representations Before Agencies?

3. Must CE Forms 3 and 4 be filed where the information required to be disclosed is not applicable to the reporting person?

As to question 1, CE Form 2 is a quarterly statement of disclosure and is not, as you suggest in your letter of inquiry, affected by the deadline for financial disclosure. Section 112.3145(c), F. S. (1974 Supp.). The Guide to the 1974 Public Disclosure and Conflicts of Interest Act provides that Form 2 must be filed within 15 days after the last day of the calendar quarter. The first filing of Form 2 therefore would be made within 15 days after the last day of the first calendar quarter during which one served as a public officer. Subsequent filings would be required on a quarterly basis where such disclosure is applicable.

As to question 2, enclosed please find a copy of a previous opinion of this commission, CEO 74-89A, the rationale of which is equally applicable to your inquiry. Your question is answered accordingly.

As to question 3, please find enclosed a copy of CEO 74-12 which answers your question as to Form 3. The rationale upon which this opinion is based is equally applicable to CE Form 4 as the type of disclosure sought is positive or affirmative in nature. Your question accordingly is answered in the negative.