Table of Contents

CHAPTERS 1-9

INTRODUCTION
ISSUE SPOTTER CHECKLIST 		APPENDICES
TABLE OF AUTHORITIES

  1. CONFLICT OF INTERESTS PROVISIONS UNDER THE POLITICAL REFORM ACT OF 1974

    1. OVERVIEW

    2. THE BASIC PROHIBITION

    3. PERSONS COVERED

    4. ACTIONS COVERED

      1. Actually Making A Decision

      2. Participation In Decision Making

      3. Influencing Decision Making

    5. ECONOMIC INTERESTS COVERED

      1. Business Investments

      2. Interests In Real Property

      3. Source Of Income And Gifts

        1. Income

        2. Gifts

      4. Business Positions

    6. FORESEEABILITY

    7. MATERIAL EFFECT

      1. Direct Involvement

      2. Indirect Involvement

        1. Real Property

        2. Leasehold Interests

        3. Nonprofit Entity

        4. Individuals

    8. THE PUBLIC GENERALLY

    9. LEGALLY REQUIRED PARTICIPATION -- THE RULE OF NECESSITY

    10. DISQUALIFICATION MUST BE ANNOUNCED PUBLICLY

    11. LIMITATIONS ON GIFTS AND HONORARIA

      1. Limits On Gifts

      2. Limits On Honoraria

      3. Reportability Of Gifts

      4. Reportability Of Travel Expenses

      5. Special Rules On Travel

        1. Totally Exempt

        2. Reportable but Not Limited

        3. Both Reportable and Limited

      6. Definition Of Gift

        1. Informational Material

        2. Returned Unused

        3. Relatives

        4. Campaign Contributions

        5. Plaques or Awards

        6. Home Hospitality

        7. Exchange of Gifts

        8. Devise or Inheritance

      7. Valuation Of Gifts

        1. Passes and Tickets

        2. Testimonial Dinners

        3. Wedding Gifts

        4. Tickets to Political and Nonprofit Fundraisers

        5. Prizes and Awards

      8. Definition Of Honoraria

        1. Earned Income

        2. Teaching Profession

        3. Return or Donation of Honoraria

    12. SPECIAL RULES FOR ELECTED STATE OFFICERS

    13. PENALTIES AND ENFORCEMENT

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  2. ECONOMIC DISCLOSURE PROVISIONS UNDER THE POLITICAL REFORM ACT OF 1974

    1. OVERVIEW

    2. PERSONS COVERED

    3. STATEMENTS OF ECONOMIC INTERESTS

    4. CONTENT OF STATEMENTS

    5. PUBLIC ACCESS TO STATEMENTS OF ECONOMIC INTERESTS

    6. CONTENTS AND PROMULGATION OF CONFLICT OF INTEREST CODES

    7. PENALTIES AND ENFORCEMENT

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  3. CONFLICTS OF INTERESTS AND CAMPAIGN CONTRIBUTIONS

    1. OVERVIEW

    2. THE BASIC PROHIBITION

    3. PERSONS COVERED

    4. AGENTS

    5. PROCEEDINGS COVERED

    6. REQUIRED CONDUCT

      1. Disclosure

      2. Prohibition On Contributions

      3. Disqualification

      4. Knowledge

    7. PENALTIES AND ENFORCEMENT

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  4. LIMITATIONS ON FORMER STATE OFFICIALS APPEARING BEFORE STATE GOVERNMENT AGENCIES

    1. OVERVIEW

    2. LIFETIME RESTRICTIONS

      1. The Basic Prohibition

      2. State Administrative Official

      3. Compensation For Representation As Agent Or Attorney

      4. Court Or Quasi-Judicial Proceeding

      5. Previous Participation

      6. Enforcement And Disqualification

    3. ONE-YEAR PROHIBITION

      1. The Basic Prohibition

      2. Administrative Or Legislative Action

    4. JOB SEEKING BY GOVERNMENT OFFICIALS

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  5. PENALTIES, ENFORCEMENT AND PROSPECTIVE ADVICE UNDER THE POLITICAL REFORM ACT OF 1974

    1. PENALTIES AND ENFORCEMENT

    2. PROSPECTIVE ADVICE

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  6. CONFLICTS OF INTERESTS IN CONTRACTS

    1. OVERVIEW

    2. THE BASIC PROHIBITION

    3. PERSONS COVERED

    4. PARTICIPATION IN MAKING A CONTRACT

    5. PRESENCE OF REQUISITE FINANCIAL INTEREST

    6. TEMPORAL RELATIONSHIP BETWEEN FINANCIAL INTERESTS AND THE CONTRACT

    7. EFFECT OF SPECIAL STATUTES

    8. CONTRACT MADE IN VIOLATION OF SECTION 1090 IS VOID AND UNENFORCEABLE

    9. REMOTE INTERESTS OF MEMBERS OF BOARDS AND COMMISSIONS

      1. The Exception And Its Operation

      2. Definition Of Remote Interests

        1. Officer or Employee of a Nonprofit Corporation

        2. Employee or Agent of a Private Contracting Party

        3. Employees Are Agents; Special Contracts

        4. Parent

        5. Landlord or Tenant

        6. Attorney, Stockbroker, Insurance or Real Estate Broker/Agent

        7. Member of a Nonprofit Corporation Formed Under the Agricultural Code or Corporation Code

        8. Supplier of Goods and Services

        9. Party to a Land Conservation Contract

        10. Director or 10 percent Owner of Bank or Savings and Loan

        11. Employee of a Consulting, Engineering, or Architectural Firm

        12. Housing Assistance Contracts

    10. NONINTERESTS

      1. Corporate Ownership And Income

      2. Reimbursement Of Expenses

      3. Public Services

      4. Landlords And Tenants Of Governments

      5. Public Housing Tenants

      6. Spouses

      7. Unsalaried Members Of Nonprofit Corporations

      8. Noncompensated Officers Of Tax Exempt Corporations

      9. Contracts Between Government Agencies

      10. Attorney, Stockbroker, Insurance or Real Estate Broker/Agent

      11. Officers, Employees and Owners of Less Than 10 Percent of a Bank or Savings and Loan

    11. SPECIAL EXEMPTION FOR SUBDIVISION OF LAND AND INDUSTRY COUNCILS

      1. Subdivision Of Land Permitted

      2. Industry Councils

    12. LIMITED RULE OF NECESSITY

    13. PENALTIES FOR VIOLATION BY OFFICIALS

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  7. CONFLICT OF INTERESTS LIMITATIONS ON STATE CONTRACTS

    1. OVERVIEW

    2. THE BASIC PROHIBITION REGARDING CURRENT STATE OFFICERS AND EMPLOYEES

    3. THE BASIC PROHIBITION REGARDING FORMER STATE OFFICERS AND EMPLOYEES

    4. PENALTIES AND ENFORCEMENT

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  8. THE CONSTITUTIONAL PROHIBITION ON THE ACCEPTANCE OF PASSES OR DISCOUNTS FROM TRANSPORTATION COMPANIES

    1. OVERVIEW

    2. THE BASIC PROHIBITION

    3. PERSONS COVERED

    4. INTERSTATE AND INTRASTATE TRAVEL COVERED

    5. APPLICATION TO PUBLIC AND PERSONAL BUSINESS

    6. PENALTIES AND ENFORCEMENT

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  9. INCOMPATIBLE ACTIVITIES OF LOCAL OFFICERS AND EMPLOYEES

    1. OVERVIEW

    2. THE BASIC PROHIBITION

    3. PROHIBITION GENERALLY NOT SELF-EXECUTING

    4. PERSONS COVERED

    5. PROHIBITED ACTIVITIES

    6. PENALTIES AND ENFORCEMENT

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  10. INCOMPATIBLE ACTIVITIES OF STATE OFFICERS AND EMPLOYEES

    1. OVERVIEW

    2. THE BASIC PROHIBITION

    3. PROHIBITION MAY NOT BE SELF-EXECUTING

    4. PERSONS COVERED

    5. PROHIBITED ACTIVITIES

    6. PROCEDURAL CONSIDERATIONS

    7. PENALTIES AND ENFORCEMENT

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  11. THE COMMON LAW DOCTRINE OF INCOMPATIBLE OFFICES

    1. OVERVIEW

    2. THE BASIC PROHIBITION

    3. PUBLIC OFFICE VERSUS EMPLOYMENT

    4. CONFLICT IN DUTIES OR FUNCTIONS

    5. PENALTIES AND ENFORCEMENT

    6. SPECIAL PROVISION FOR PUBLIC ATTORNEYS

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  12. THE COMMON LAW DOCTRINE AGAINST CONFLICTS OF INTERESTS

    1. OVERVIEW

    2. THE BASIC PROHIBITION

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  13. CONFLICT OF INTERESTS STATUTES APPLICABLE TO PARTICULAR OFFICERS OR AGENCIES


    14. APPENDICES

    TABLE OF AUTHORITIES

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