Amended FPPC Regulation Requires New Conflict of Interest Disclosures
Aug 11, 2020
Beginning Aug. 22, Regulation 18707 will require public officials to publicly identify a conflict of interest, even if they leave a meeting prior to the relevant agenda item’s consideration or they arrive after its consideration.
Under the Political Reform Act, public officials may not make, participate in making, or attempt to use their official positions to influence a governmental decision that will have a reasonably foreseeable, material effect on the official’s financial interests.
If a public official has a disqualifying financial interest under the Political Reform Act — commonly known as a conflict of interest — in an agenda item that is before the legislative body that the official serves, the official must publicly identify the financial interest that creates the conflict and recuse themselves from discussion and voting on the matter. Generally, this disclosure must be made orally, immediately before consideration of the agenda item. Unless the item is on the consent calendar or the official falls within an exception, the official must leave the room after the public disclosure and prior to consideration of the item.
Under the new regulation, if a disqualified official leaves the meeting before the relevant agenda item, the official must publicly identify the agenda item and financial interest prior to leaving the meeting. If the official first joins the meeting after consideration of the relevant agenda item, the official must publicly identify the agenda item and financial interest immediately upon joining the meeting. Regulation 18707 does not specify disclosure requirements where the official with the conflict of interest is absent from the entire meeting.
City officials who have questions about how newly amended Regulation 18707 affects them should contact their city attorney for advice.
Under the Political Reform Act, public officials may not make, participate in making, or attempt to use their official positions to influence a governmental decision that will have a reasonably foreseeable, material effect on the official’s financial interests.
If a public official has a disqualifying financial interest under the Political Reform Act — commonly known as a conflict of interest — in an agenda item that is before the legislative body that the official serves, the official must publicly identify the financial interest that creates the conflict and recuse themselves from discussion and voting on the matter. Generally, this disclosure must be made orally, immediately before consideration of the agenda item. Unless the item is on the consent calendar or the official falls within an exception, the official must leave the room after the public disclosure and prior to consideration of the item.
Under the new regulation, if a disqualified official leaves the meeting before the relevant agenda item, the official must publicly identify the agenda item and financial interest prior to leaving the meeting. If the official first joins the meeting after consideration of the relevant agenda item, the official must publicly identify the agenda item and financial interest immediately upon joining the meeting. Regulation 18707 does not specify disclosure requirements where the official with the conflict of interest is absent from the entire meeting.
City officials who have questions about how newly amended Regulation 18707 affects them should contact their city attorney for advice.