HOW TO PROPERLY DISCLOSE AND RECUSE UNDER THE POLITICAL REFORM ACT AND GOVERNMENT CODE SECTION 1090

Home Browse Search

BEST BEST & KRIEGER ATTORNEYS AT LAW (Gov. Code § 54950 et seq.). In other words, it usually will apply only to members of the board of supervisors and city council, and officers working directly with those bodies, such as county counsel or city attorney, and managers', mayors and chief administrative officers. Additionally, as noted above, special and school district board members may be subject to these requirements by virtue of their roles in managing or overseeing the investment of public funds. Second, the regulation is in some respects more specific in its requirements than the statute. The regulation requires: o Timing: The "announcement and identification must follow the announcement of the agenda item to be discussed or voted on; but must be made before either the discussion or vote commences; o Content: The public official must publicly identify each type of financial interest that gives rise to the disqualifying conflict of interest (i.e. investment, business position, interest in real property, personal financial effect, or the receipt or promise of income or gifts), and the following details identifying each interest: o (i) If an investment, the name of the business entity in which each investment is held; o (ii) If a business position, a general description of the business activity in which the business entity is engaged as well as the name of the business entity; o (iii) If real property, the address or location of the property, unless the property is the public official's principal or personal residence, in which case, identification that the property is a residence; o (iv) If income or gifts, the identification of the source; and o (v) If personal financial effect, the identification of the expense, liability, asset or income affected. o Form: If the governmental decision will be made during an open session of a public meeting, the public identification must be made orally and be made part of the official public record. o Recusal: The public official must recuse himself or herself and leave the room after the identification required by this regulation is made. He or she will not be counted toward achieving a quorum while the item is discussed. As written, the regulation requires the public official to personally make the "announcement and identification" orally and on the record. In practice, the announcement is sometimes made by counsel to the board, albeit in the member's presence, likely to ensure complete compliance with the law. Whether this complies with the statute is a matter of interpretation by the FPPC. 3 This product provided under the Public Policy & Ethics Group Program 93939 00020\29177323,3