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