Section 1408 Of Article 1. Depositors From California Financial Code >> Division 1.1. >> Chapter 12. >> Article 1.
1408
. A bank may act as a depositary, paying agent, trustee, or
fiscal agent for the holding or handling of public funds or
securities notwithstanding the fact that a member of the legislative
body or an officer or employee of the depositor is an officer,
employee, or stockholder of such bank, or of a holding company that
owns any of the stock of such bank. Such member of a legislative
body, or such officer or employee thereof, shall not be deemed
"interested in any contract" as that phrase is used in Section 1090
of the Government Code, if his sole interest is the fact that he is
an officer, employee, or stockholder of the bank selected to act as
such depositary, paying agent or fiscal agent.
An officer or employee of a local public agency shall be deemed to
have only a "remote interest" in a contract, as that phrase is used
in Section 1091 of the Government Code, where such contract is
entered into without competitive bidding under a procedure
established by law, if his sole interest is that of an officer,
director, or employee, of a bank, bank holding company, or savings
and loan association with which a party to the contract has the
relationship of borrower or depositor, debtor or creditor, and if the
conditions of subdivision (a) of Section 1091 of the Government Code
are met.