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Article 3. Conflict Of Interest Codes of California Government Code >> Title 9. >> Chapter 7. >> Article 3.
Every agency shall adopt and promulgate a Conflict of
Interest Code pursuant to the provisions of this article. A Conflict
of Interest Code shall have the force of law and any violation of a
Conflict of Interest Code by a designated employee shall be deemed a
violation of this chapter.
It is the policy of this act that Conflict of Interest Codes
shall be formulated at the most decentralized level possible, but
without precluding intra-departmental review. Any question of the
level of a department which should be deemed an "agency" for purposes
of Section 87300 shall be resolved by the code reviewing body.
Each Conflict of Interest Code shall contain the following
provisions:
(a) Specific enumeration of the positions within the agency, other than those specified in Section 87200, which involve the making or participation in the making of decisions which may foreseeably have a material effect on any financial interest and for each such enumerated position, the specific types of investments, business positions, interests in real property, and sources of income which are reportable. An investment, business position, interest in real property, or source of income shall be made reportable by the Conflict of Interest Code if the business entity in which the investment or business position is held, the interest in real property, or the income or source of income may foreseeably be affected materially by any decision made or participated in by the designated employee by virtue of his or her position.
(b) Requirements that each designated employee, other than those specified in Section 87200, file statements at times and under circumstances described in this section, disclosing reportable investments, business positions, interests in real property and income. The information disclosed with respect to reportable investments, interests in real property, and income shall be the same as the information required by Sections 87206 and 87207. The first statement filed under a Conflict of Interest Code by a designated employee shall disclose any reportable investments, business positions, interests in real property, and income. An initial statement shall be filed by each designated employee within 30 days after the effective date of the Conflict of Interest Code, disclosing investments, business positions, and interests in real property held on the effective date of the Conflict of Interest Code and income received during the 12 months before the effective date of the Conflict of Interest Code. Thereafter, each new designated employee shall file a statement within 30 days after assuming office, or if subject to State Senate confirmation, 30 days after being appointed or nominated, disclosing investments, business positions, and interests in real property held on, and income received during the 12 months before, the date of assuming office or the date of being appointed or nominated, respectively. Each designated employee shall file an annual statement, at the time specified in the Conflict of Interest Code, disclosing reportable investments, business positions, interest in real property and income held or received at any time during the previous calendar year or since the date the designated employee took office if during the calendar year. Every designated employee who leaves office shall file, within 30 days of leaving office, a statement disclosing reportable investments, business positions, interests in real property, and income held or received at any time during the period between the closing date of the last statement required to be filed and the date of leaving office.
(c) Specific provisions setting forth any circumstances under which designated employees or categories of designated employees must disqualify themselves from making, participating in the making, or using their official position to influence the making of any decision. Disqualification shall be required by the Conflict of Interest Code when the designated employee has a financial interest as defined in Section 87103, which it is reasonably foreseeable may be affected materially by the decision. No designated employee shall be required to disqualify himself or herself with respect to any matter which could not legally be acted upon or decided without his or her participation.
(d) For any position enumerated pursuant to subdivision (a), an individual who resigns the position within 12 months following initial appointment or within 30 days of the date of a notice mailed by the filing officer of the individual's filing obligation, whichever is earlier, is not deemed to assume or leave office, provided that during the period between appointment and resignation, the individual does not make, participate in making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. Within 30 days of the date of a notice mailed by the filing officer, the individual shall do both of the following:
(1) File a written resignation with the appointing power.
(2) File a written statement with the filing officer on a form prescribed by the commission and signed under the penalty of perjury stating that the individual, during the period between appointment and resignation, did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position.
(a) Specific enumeration of the positions within the agency, other than those specified in Section 87200, which involve the making or participation in the making of decisions which may foreseeably have a material effect on any financial interest and for each such enumerated position, the specific types of investments, business positions, interests in real property, and sources of income which are reportable. An investment, business position, interest in real property, or source of income shall be made reportable by the Conflict of Interest Code if the business entity in which the investment or business position is held, the interest in real property, or the income or source of income may foreseeably be affected materially by any decision made or participated in by the designated employee by virtue of his or her position.
(b) Requirements that each designated employee, other than those specified in Section 87200, file statements at times and under circumstances described in this section, disclosing reportable investments, business positions, interests in real property and income. The information disclosed with respect to reportable investments, interests in real property, and income shall be the same as the information required by Sections 87206 and 87207. The first statement filed under a Conflict of Interest Code by a designated employee shall disclose any reportable investments, business positions, interests in real property, and income. An initial statement shall be filed by each designated employee within 30 days after the effective date of the Conflict of Interest Code, disclosing investments, business positions, and interests in real property held on the effective date of the Conflict of Interest Code and income received during the 12 months before the effective date of the Conflict of Interest Code. Thereafter, each new designated employee shall file a statement within 30 days after assuming office, or if subject to State Senate confirmation, 30 days after being appointed or nominated, disclosing investments, business positions, and interests in real property held on, and income received during the 12 months before, the date of assuming office or the date of being appointed or nominated, respectively. Each designated employee shall file an annual statement, at the time specified in the Conflict of Interest Code, disclosing reportable investments, business positions, interest in real property and income held or received at any time during the previous calendar year or since the date the designated employee took office if during the calendar year. Every designated employee who leaves office shall file, within 30 days of leaving office, a statement disclosing reportable investments, business positions, interests in real property, and income held or received at any time during the period between the closing date of the last statement required to be filed and the date of leaving office.
(c) Specific provisions setting forth any circumstances under which designated employees or categories of designated employees must disqualify themselves from making, participating in the making, or using their official position to influence the making of any decision. Disqualification shall be required by the Conflict of Interest Code when the designated employee has a financial interest as defined in Section 87103, which it is reasonably foreseeable may be affected materially by the decision. No designated employee shall be required to disqualify himself or herself with respect to any matter which could not legally be acted upon or decided without his or her participation.
(d) For any position enumerated pursuant to subdivision (a), an individual who resigns the position within 12 months following initial appointment or within 30 days of the date of a notice mailed by the filing officer of the individual's filing obligation, whichever is earlier, is not deemed to assume or leave office, provided that during the period between appointment and resignation, the individual does not make, participate in making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. Within 30 days of the date of a notice mailed by the filing officer, the individual shall do both of the following:
(1) File a written resignation with the appointing power.
(2) File a written statement with the filing officer on a form prescribed by the commission and signed under the penalty of perjury stating that the individual, during the period between appointment and resignation, did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position.
(a) Every candidate for an elective office that is
designated in a conflict of interest code shall file a statement
disclosing his or her investments, business positions, interests in
real property, and income received during the immediately preceding
12 months, as enumerated in the disclosure requirements for that
position. The statement shall be filed with the election official
with whom the candidate's declaration of candidacy or other
nomination documents to appear on the ballot are required to be filed
and shall be filed no later than the final filing date for the
declaration or nomination documents.
(b) This section does not apply to either of the following:
(1) A candidate for an elective office designated in a conflict of interest code who has filed an initial, assuming office, or annual statement pursuant to that conflict of interest code within 60 days before the deadline specified in subdivision (a).
(2) A candidate for an elective office who has filed a statement for the office pursuant to Section 87302.6 within 60 days before the deadline specified in subdivision (a).
(b) This section does not apply to either of the following:
(1) A candidate for an elective office designated in a conflict of interest code who has filed an initial, assuming office, or annual statement pursuant to that conflict of interest code within 60 days before the deadline specified in subdivision (a).
(2) A candidate for an elective office who has filed a statement for the office pursuant to Section 87302.6 within 60 days before the deadline specified in subdivision (a).
Notwithstanding Section 87302, a member of a board or
commission of a newly created agency shall file a statement at the
same time and in the same manner as those individuals required to
file pursuant to Section 87200. A member shall file his or her
statement pursuant to Section 87302 once the agency adopts an
approved conflict-of-interest code.
No conflict of interest code shall be effective until it has
been approved by the code reviewing body. Each agency shall submit a
proposed conflict of interest code to the code reviewing body by the
deadline established for the agency by the code reviewing body. The
deadline for a new agency shall be not later than six months after it
comes into existence. Within 90 days after receiving the proposed
code or receiving any proposed amendments or revisions, the code
reviewing body shall do one of the following:
(a) Approve the proposed code as submitted.
(b) Revise the proposed code and approve it as revised.
(c) Return the proposed code to the agency for revision and resubmission within 60 days. The code reviewing body shall either approve the revised code or revise it and approve it. When a proposed conflict of interest code or amendment is approved by the code reviewing body, it shall be deemed adopted and shall be promulgated by the agency.
(a) Approve the proposed code as submitted.
(b) Revise the proposed code and approve it as revised.
(c) Return the proposed code to the agency for revision and resubmission within 60 days. The code reviewing body shall either approve the revised code or revise it and approve it. When a proposed conflict of interest code or amendment is approved by the code reviewing body, it shall be deemed adopted and shall be promulgated by the agency.
If any agency fails to submit a proposed conflict of
interest code or amendments, or if any state agency fails to report
amendments pursuant to subdivision (b) of Section 87306 within the
time limits prescribed pursuant to Section 87303 or 87306, the code
reviewing body may issue any appropriate order directed to the agency
or take any other appropriate action, including the adoption of a
conflict of interest code for the agency. If the code reviewing body
does not issue an appropriate order or take other action within 90
days of the deadline imposed on the agency as prescribed in Section
87303 or 87306, the commission may issue any appropriate order
directed to the agency or take any other appropriate action,
including the adoption of a conflict of interest code for the agency.
The commission shall consult with the agency before ordering the
adoption of a conflict of interest code for the agency.
If after six months following the deadline for submission of
the proposed Conflict of Interest Code to the code reviewing body no
Conflict of Interest Code has been adopted and promulgated, the
superior court may, in an action filed by the commission, the agency,
the code reviewing body, any officer, employee, member or consultant
of the agency, or any resident of the jurisdiction, prepare a
Conflict of Interest Code and order its adoption by the agency or
grant any other appropriate relief. The agency and the code reviewing
body shall be parties to any action filed pursuant to this section.
(a) Every agency shall amend its Conflict of Interest Code,
subject to the provisions of Section 87303, when change is
necessitated by changed circumstances, including the creation of new
positions which must be designated pursuant to subdivision (a) of
Section 87302 and relevant changes in the duties assigned to existing
positions. Amendments or revisions shall be submitted to the code
reviewing body within 90 days after the changed circumstances
necessitating the amendments have become apparent. If after nine
months following the occurrence of those changes the Conflict of
Interest Code has not been amended or revised, the superior court may
issue any appropriate order in an action brought under the
procedures set forth in Section 87305.
(b) Notwithstanding subdivision (a), every state agency shall submit to the code reviewing body a biennial report identifying changes in its code, including, but not limited to, all new positions designated pursuant to subdivision (a) of Section 87302, changes in the list of reportable sources of income, and relevant changes in the duties assigned to existing positions. These reports shall be submitted no later than March 1 of each odd-numbered year.
(b) Notwithstanding subdivision (a), every state agency shall submit to the code reviewing body a biennial report identifying changes in its code, including, but not limited to, all new positions designated pursuant to subdivision (a) of Section 87302, changes in the list of reportable sources of income, and relevant changes in the duties assigned to existing positions. These reports shall be submitted no later than March 1 of each odd-numbered year.
(a) No later than July 1 of each even-numbered year, the
code reviewing body shall direct every local agency which has adopted
a Conflict of Interest Code in accordance with this title to review
its Conflict of Interest Code and, if a change in its code is
necessitated by changed circumstances, submit an amended Conflict of
Interest Code in accordance with subdivision (a) of Section 87302 and
Section 87303 to the code reviewing body.
(b) Upon review of its code, if no change in the code is required, the local agency head shall submit a written statement to that effect to the code reviewing body no later than October 1 of the same year.
(b) Upon review of its code, if no change in the code is required, the local agency head shall submit a written statement to that effect to the code reviewing body no later than October 1 of the same year.
An agency may at any time amend its Conflict of Interest
Code, subject to the provisions of Section 87303, either upon its own
initiative or in response to a petition submitted by an officer,
employee, member or consultant of the agency, or a resident of the
jurisdiction. If the agency fails to act upon such a petition within
ninety days, the petition shall be deemed denied. Within thirty days
after the denial of a petition, the petitioner may appeal to the code
reviewing body. The code reviewing body shall either dismiss the
appeal or issue an appropriate order to the agency within ninety
days.
Judicial review of any action of a code reviewing body under
this chapter may be sought by the commission, by the agency, by an
officer, employee, member or consultant of the agency, or by a
resident of the jurisdiction.
No Conflict of Interest Code or amendment shall be approved
by the code reviewing body or upheld by a court if it:
(a) Fails to provide reasonable assurance that all foreseeable potential conflict of interest situations will be disclosed or prevented;
(b) Fails to provide to each affected person a clear and specific statement of his duties under the Code; or
(c) Fails to adequately differentiate between designated employees with different powers and responsibilities.
(a) Fails to provide reasonable assurance that all foreseeable potential conflict of interest situations will be disclosed or prevented;
(b) Fails to provide to each affected person a clear and specific statement of his duties under the Code; or
(c) Fails to adequately differentiate between designated employees with different powers and responsibilities.
If the duties of a designated employee are so broad or
indefinable that the requirements of Section 87309 cannot be complied
with, the Conflict of Interest Code shall require the designated
employee to comply with the requirements of Article 2 of this
chapter.
The review of proposed Conflict of Interest Codes by the
Commission and by the Attorney General and the preparation of
proposed Conflict of Interest Codes by state agencies shall be
subject to the Administrative Procedure Act. The review and
preparation of Conflict of Interest Codes by local government
agencies shall be carried out under procedures which guarantee to
officers, employees, members, and consultants of the agency and to
residents of the jurisdiction adequate notice and a fair opportunity
to present their views.
(a) Notwithstanding the provisions of Section 87311, the
review of the Conflict of Interest Code of an agency in the judicial
branch of government shall not be subject to the provisions of the
Administrative Procedure Act. The review and preparation of Conflict
of Interest Codes by these agencies shall be carried out under
procedures which guarantee to officers, employees, members, and
consultants of the agency and to residents of the jurisdiction
adequate notice and a fair opportunity to present their views.
(b) Conflict of Interest Codes of the Judicial Council, the Commission on Judicial Performance, and the Board of Governors and designated employees of the State Bar of California shall not be subject to the provisions of subdivision (c) of Section 87302.
(b) Conflict of Interest Codes of the Judicial Council, the Commission on Judicial Performance, and the Board of Governors and designated employees of the State Bar of California shall not be subject to the provisions of subdivision (c) of Section 87302.
The Commission shall, upon request, provide technical
assistance to agencies in the preparation of Conflict of Interest
Codes. Such assistance may include the preparation of model
provisions for various types of agencies. Nothing in this section
shall relieve each agency of the responsibility for adopting a
Conflict of Interest Code appropriate to its individual
circumstances.
No person shall make a gift of fifty dollars ($50) or more
in a calendar month on behalf of another, or while acting as the
intermediary or agent of another to a person whom he knows or has
reason to know may be required to disclose the gift pursuant to a
conflict of interest code, without disclosing to the recipient of the
gift both his own full name, street address, and business activity,
if any, and the full name, street address, and business activity, if
any, of the actual donor. The recipient of the gift shall include in
his Statement of Economic Interests the full name, street address,
and business activity, if any, of the intermediary or agent and the
actual donor.
(a) A board, commission, or agency of a public pension or
retirement system shall attach to its Conflict of Interest Code an
appendix entitled "Agency Positions that Manage Public Investments
for Purposes of Section 87200 of the Government Code." The appendix
shall list each position with the board, commission, or agency for
which an individual occupying the position is required to file a
Statement of Economic Interests as a public official who manages
public investments within the meaning of Section 87200. The board,
commission, or agency shall post the appendix on its Internet Web
site in a manner that makes it easily identifiable and accessible by
persons who view that Web site.
(b) (1) For purposes of this section, "public official who manages public investments" includes a salaried or unsalaried member of a committee, board, commission, or other entity that exists as, or within, a governmental agency and that possesses decisionmaking authority.
(2) A committee, board, commission, or other entity possesses decisionmaking authority for purposes of this section if any of the following apply:
(A) The entity may make a final governmental decision.
(B) The entity may compel a governmental decision or prevent a governmental decision, either by virtue of possessing exclusive power to initiate the decision or by having veto authority that may not be overridden.
(C) The entity makes substantive recommendations that are, and over an extended period of time have been, regularly approved, without significant amendment or modification, by another public official or governmental agency.
(3) A committee, board, commission, or other entity does not possess decisionmaking authority for purposes of this section if it is formed for the sole purpose of researching a subject and preparing a report or recommendation for submission to another governmental entity that has final decisionmaking authority.
(b) (1) For purposes of this section, "public official who manages public investments" includes a salaried or unsalaried member of a committee, board, commission, or other entity that exists as, or within, a governmental agency and that possesses decisionmaking authority.
(2) A committee, board, commission, or other entity possesses decisionmaking authority for purposes of this section if any of the following apply:
(A) The entity may make a final governmental decision.
(B) The entity may compel a governmental decision or prevent a governmental decision, either by virtue of possessing exclusive power to initiate the decision or by having veto authority that may not be overridden.
(C) The entity makes substantive recommendations that are, and over an extended period of time have been, regularly approved, without significant amendment or modification, by another public official or governmental agency.
(3) A committee, board, commission, or other entity does not possess decisionmaking authority for purposes of this section if it is formed for the sole purpose of researching a subject and preparing a report or recommendation for submission to another governmental entity that has final decisionmaking authority.
