Section 4060 Of Chapter 5. Powers And Duties Generally From California Food And Agricultural Code >> Division 3. >> Part 3. >> Chapter 5.
4060
. (a) Any compensation to any officer or employee of the state
by any nonprofit corporation formed exclusively to aid and assist an
association, as provided for in Section 18000.5 of the Government
Code, shall be approved by the Division of Fairs and Expositions
prior to payment. The nonprofit corporation shall notify the division
of the compensation.
(b) The department shall, during regular audits, review the
payments from the nonprofit corporation to any state employees and
those state employees' responsibilities to the nonprofit corporation.
The financial information from the nonprofit corporation shall be
made available to the department for the audit. Any compensation
shall be justified by related work that is not the normal
responsibility of the state officer or employee through his or her
employment by an association, including his or her normal duties and
working hours. The audit shall also determine if any board member
serving on an association is also serving on the board of directors
of the related nonprofit corporation and determine if there are any
conflicts of interest regarding the payment to the association
employees. The audit shall also determine if any officer or employee
is receiving compensation from the nonprofit corporation in violation
of subdivision (c).
(c) Pursuant to Section 1090 of the Government Code, a state
officer or employee of an association shall not be compensated by the
nonprofit corporation when that state officer or employee acts in an
official capacity with regard to any contract made with the
nonprofit corporation.