CONSULTANS: COMPLYING WITH THE REPORTING REQUIREMENTS AND CONFLICT OF INTREST PROVISIONS OF THE POLITICAL REFORM ACT AND GOVERNMENT CODE 1090

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