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CONSULTANS: COMPLYING WITH THE REPORTING REQUIREMENTS AND CONFLICT OF INTREST PROVISIONS OF THE POLITICAL REFORM ACT AND GOVERNMENT CODE 1090
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CONSULTANS: COMPLYING WITH THE REPORTING REQUIREMENTS AND CONFLICT OF INTREST PROVISIONS OF THE POLITICAL REFORM ACT AND GOVERNMENT CODE 1090
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7/19/2019 1:36:42 PM
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7/19/2019 10:01:25 AM
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City Clerk
Date
1/3/2017
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BEST BEST & KRIEGER <br />ATTORNEYS AT LAW <br />At the outset is important to understand that under the Act only an individual <br />consultant (a person) must be designated, reported; and file a SEI, not a corporation <br />providing consultant services. That said, an individual consultant, working for a <br />corporation providing consultant services, can be 'considered a."consultant" and <br />required to be designated and file a SEI. (See Hayden Advice Letter, A-84-319; Rose <br />Advice Letter No. A-84-307; Kaplan Advice Letter, No. A-82-108.) <br />A. Basic Rule: <br />The Act requires every state and local governmental agency to adopt and <br />promulgate a conflict of interest code designating all its officials, employees and <br />consultants who make or participate in making governmental decisions that could <br />financially effect the individual Each such individual is required by the Code to file SEls <br />and to disqualify and recuse when a conflict of interest arises. (Gov. Code §§ 87300; <br />87302.) <br />Disclosure required under a Code for a particular designated official or employee <br />(see Gov. Code § 82019) should include only the kinds of personal economic interests <br />he or she could affect through the exercise of his or her official duties. For example, an <br />employee whose duties are limited to reviewing; contracts for supplies, equipment, <br />materials, or services provided to his or her department should be required to report <br />only those interests the employee holds that are likely to be affected by the <br />department's contracts for supplies, equipment, materials, or services. (Gov. Code § <br />87302.) <br />B. Listing Consultants in Your Conflict of Interest Code: <br />The position of "consultant" is designated generally in a Code and is required to <br />satisfy the full or broadest disclosure requirements of the agency's Code. However, the <br />FPPC also provides that, on a case -by -case basis, a public agency's chief executive <br />officer or designee may narrow the scope of a consultant's disclosure requirements <br />based on the extent or nature of services listed in the consulting agreement or contract. <br />This is done in an effort to prevent requiring over -disclosure or disclosure of interests <br />that could not be affected in the provision of services under the contract. <br />Your agency's Code should already provide for this by including the position of <br />"consultant" at the end of its list of designated positions with the required footnote <br />-2- <br />This product provided under the Public Policy & Ethics Group Progam <br />93939.0020E29447853.1 <br />
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