Table of Contents - California Attorney General's Office

LAW		GUIDEPOSTS
Financial Conflicts of Interests Political Reform Act Gov. Code, з 87100 et seq.		Is a state or local official participating in a government decision? Does the decision affect an interest in real property or an investment of $1,000 or more held by the official? Or a source of income of $250, or gifts to the official of $290, or more? If so, is there a reasonable possibility that the decision will significantly affect any of the interests involved? Are the official's interests affected differently than those of the general public or a significant segment of the public? If the answer to these questions is yes, the official may have a conflict of interests and be required to disqualify himself or herself from all participation in that decision. Chapter 1
Financial Interests in Contracts Gov. Code, з 1090 et seq.		Does a member of a board have a direct or indirect financial interest in a contract being made either by the board or by any agency under the board's jurisdiction? If so, the contract may be void and any private gain, received by the official under the contract, may have to be returned. Has any other state or local officer or employee participated in the making of a contract in which the official had a direct or indirect financial interest? If so, the contract may be void and any private gain received by the official under the contract may have to be returned. Chapter VI
Limitations on State Contracts Pub. Con. Code, з 10410		Is a state official (other than a part-time board member) involved in an activity, employment or enterprise, some portion of which is funded by a state contract? Is a state official, while employed by the state, contracting with a state agency to provide goods or services? If the answers to any of these questions are yes, a prohibited activity may have occurred. Chapter VI Section B
Conflicts of Interests Resulting from Campaign Contributions Gov. Code, з 84308		Is there a proceeding involving a license, permit or entitlement for use? Is the proceeding being conducted by a board or commission? Were the board members appointed to office? Has any board member received contributions of more than $250 during the proceeding or within the previous 12 months from, within 3 months following a final decision in the proceeding, the applicant or any other person who would be affected by the decision? If the answers to these questions are yes, the board member may have to disqualify himself or herself from participating in the decision. Chapter III
Appearance of Financial Conflicts of Interests Common Law		Court-made law, based on avoiding actual impropriety or the appearance of impropriety in the conduct of government affairs, may require government officials to disqualify themselves from participating in decisions in which there is an appearance of a financial conflict of interests. Chapter XII
Public Reporting of Financial Interests Political Reform Act; Gov. Code, зз 87200-87313		Is the official a state or local officer or employee who participates in the making of government decisions? If so, the official may be required to file a public report disclosing investments, real property, income and gifts. Chapter II
Incompatible Activities Gov. Code, з 1125 et seq. (local officials); Gov. Code, з 19990 (state officials)		Is an official using his or her government position or using government information or property in an improper manner? Has the official's agency or appointing authority adopted an incompatible activities statement? If the activity has been prohibited by an incompatible activities statement, the official can be ordered to stop the practice and possibly be disciplined. (See Chapter IX regarding local officials, and Chapter X regarding state officials.)
Incompatible Offices Common Law		Does a single official hold two offices simultaneously? (For purposes of this common law doctrine, an employment is not considered to be an office.) Do the offices overlap in jurisdiction, such that the official's loyalty would be divided between the two offices? If the answers to these questions are yes, the holding of the two offices may be incompatible and the first assumed office may have been forfeited by operation of law. Chapter XI
Transportation, Gifts or Discounts Cal. Const., art. XII, з 7		Is a state or local official, other than an employee, receiving a gift or discount in the price of transportation from a transportation company? (The prohibition covers inter or intrastate transportation in connection with either government or personal business.) If the answer to this question is yes, the officer may have forfeited his or her office. Chapter VIII
Retired State Officials and Their Former Agencies Political Reform Act Gov. Code, зз 87400 - 87405 Gov. Code, з 87406		Is a former state administrative official being compensated, by other than the State of California, to appear before any court or state administrative agency, in a judicial or quasi-judicial proceeding? If so, did the official while in office participate personally and substantially in the proceeding? If so, the official may be prohibited from appearing in the proceeding. Chapter IV Section B Is a former state official being compensatedto communicate with a state agency within ayear of his or her retirement? Chapter IV Section C
Retired State Officials and Their Contracts Pub. Con. Code, з 10411		Is a former state official contracting with the former agency to provide goods and services? If the answer to this question is yes, a prohibited activity may have occurred. Chapter VII Section C