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HOW TO PROPERLY DISCLOSE AND RECUSE UNDER THE POLITICAL REFORM ACT AND GOVERNMENT CODE SECTION 1090
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HOW TO PROPERLY DISCLOSE AND RECUSE UNDER THE POLITICAL REFORM ACT AND GOVERNMENT CODE SECTION 1090
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Last modified
7/19/2019 1:37:15 PM
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7/19/2019 9:34:29 AM
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City Clerk
Date
9/29/2016
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BEST BEST & KRIEGER <br />.ATTORNEYS AT LAW <br />Political Reform Act <br />What does the law require? <br />Government Code section 87105 requires the following steps when a <br />disqualifying conflict of interest arises: <br />First, determine if the public official is subject to this recusal provision. As listed in <br />Government Code section 87200, this 'includes only specified elected state <br />officials, county supervisors, district attorneys, county counsels, county <br />treasurers, and chief administrative officers of counties, mayors, city managers, <br />city attorneys, city treasurers, chief administrative officers and city council <br />members, and other public officials who manage public investments, and also <br />candidates for any of these offices at any election. A special note for special <br />district and school board members: although the statute does not specifically <br />list these offices, many special district and school board elected officials will be <br />subject to this statutory and regulatory regime by virtue of the fact that they <br />usually are charged with managing or overseeing the investment of the special <br />district's or school district's funds. Check with your legal counsel if you have any <br />doubts about this issue. <br />Next, "prior to the consideration of the matter," do all of the following: <br />o Publicly identify the financial interest that gives rise to the conflict or <br />potential conflict in detail sufficient to be understood by the public, except <br />that disclosure of the exact street address of a residence is not required. <br />o Recuse himself or herself from discussing and voting on the matter, or <br />otherwise acting in violation of section 87100. <br />o Leave the room until after the discussion, vote, and any other disposition <br />of the matter is concluded, unless the matter has been placed on the <br />portion of the agenda reserved for uncontested matters. <br />What does the FPPC require? <br />Discussion or voting on agenda items (open session) <br />FPPC Regulation 18707 lays out the process for recusal during a duly -noticed <br />public meeting. First, and importantly, the regulation applies only to public officials both <br />described in the statute and faced with participating in or making a governmental <br />decision on an agenda item during a meeting subject to the provisions of the Brown Act <br />This product provided under the Public Policy & Ethics Group Program <br />93939,00020\29177323.3 <br />
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