California’s Conflict of Interest Law
In California, some appointed officials and all elected official are covered by the dictates of the Fair Political Practices Commission.
Here are two simple examples
“Assets and income of public officials which may be materially affected by their official actions should be disclosed and in appropriate circumstances the officials should be disqualified from acting in order that conflicts of interest may be avoided.”
Gov. Code section 81002(c)“No public official at any level of state or local government shall make, participate in making or in any way attempt to use his official position to influence a governmental decision in which he knows or has reason to know he has a financial interest.”
Gov. Code Section 87100
These examples simply say that if you will enhance your pocketbook you must disqualify yourself from not only voting but participating in the discussion of the item.
Being a friend of or knowing a person requesting your vote does not necessarily mean that you should disqualify yourself from voting.
If a public official has a conflict of interest, the official may be required to disqualify himself or herself from making or participating in a governmental decision, or using his or her official position to influence or attempt to influence a governmental decision.
The system is not really that difficult to follow. In California we have our own version of how to handle lobbyists:
In most cases, the receipt of campaign contributions is not the basis for disqualification by a public official…The law also requires an official’s disqualification in those proceedings if the official has received campaign contributions of more than $250 from a party or participant within the 12 months preceding the decision.
Reasonably simple and straight forward. Why is it so difficult to follow these simple rules? POWER is the only reasonable answer.
