87302
. 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.