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To: <br />From: <br />Date: <br />Re: <br />BEST BEST & KRIEGER � 2`7 S7. <br />ATTORNEYS AT LAW <br />n t r ,�.i astir; <br />Memorandum L <br />PUBLIC AGENCY CLIENTS File No.: 93939.00001 <br />BEST BEST & KRIEGER LLP <br />INTRODUCTION <br />The financial conflict laws ---the Political Reform Act and Government <br />Code § 1090--- serve to ensure that government officials, officers, employees and <br />consultants in some cases, make decisions and contracts with an undivided loyalty to <br />the public agency, that is, without any personal financial entanglements or <br />considerations. But, in addition to these relatively well known financial conflicts laws, <br />there are other statutes, rules and policies that exist to ensure the undivided loyalty of <br />an official, officer or employee to his or her agency. These laws, rules and policies <br />center on notions of "serving one master" and preventing activities that are incompatible <br />with the mission and operation of the public agency. This memo addresses those <br />provisions. <br />SUMMARY OF PROVISIONS <br />Potentially conflicting roles and activities of public officials, officers and <br />employees are subject to following provisions of law or policies designed and suited to <br />ensure "undivided loyalty" to the agency: <br />1. Common Law Doctrine And Statutory Regulation - Incompatible <br />Offices (Gov. Code § 1099); <br />2. Incompatible Activities And Employment Under Government Code §§ <br />1126 and 53227; <br />3. Financial Conflicts Of Interest Under Government Code §§ 1090 and <br />87100; <br />4. Fiduciary Obligations Of Public Officers And Employees; <br />5. Revolving Door Prohibitions Under Government Code § 87406.3; <br />This product provided under the Public Policy & Ethics Group Program. <br />93939.00001\30063125.3 <br />