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I C1:� <br />BEST BEST & KRIEGER <br />t,C ja!4 w n;l i`: RIP ATTORNEYS AT LAW <br />CITY OF S,,�'1t' Iul', <br />CL EI,! June 3, 2015 <br />Memorandum <br />To: PUBLIC AGENCY CLIENTS <br />From: BEST BEST & KRIEGER LLP <br />Re: CHANGES IN THE FAIR POLITICAL PRACTICES COMMISSION <br />REGULATIONS RE: MAKING A GOVERNMENTAL DECISION & <br />CONSULTANTS, PUBLIC IDENTIFICATION OF A CONFLICT OF <br />INTEREST AND PUBLIC OFFICIALS WHO MANAGE PUBLIC <br />INVESTMENTS <br />INTRODUCTION <br />The Fair Political Practices Commission (the "FPPC"), under the authority vested in it <br />under the Political Reform Act by Section 83112 of the Government Code, has <br />amended its regulations in Title 2, Division 6 of the California Code of Regulations <br />("Regulations") concerning the definition of "Making, Participating in Making, or Using or <br />Attempting to Use Official Position to Influence a Decision" (Reg. § 18704), has defined <br />"Consultant, Public Official Who Manages Public Investments" (Reg. § 18700.3); and <br />has adopted a regulation regarding "Disqualification Requirements" (Reg. § 18707). <br />DISCUSSION <br />These new changes to the Regulations are part of an ongoing project by the FPPC to <br />revise and streamline the regulations implementing the Act's conflict of interest <br />provisions. To date, the FPPC has adopted regulatory changes to consolidate the <br />conflict of interest analysis down to 4 steps; clarified the meaning of "reasonably <br />foreseeable;" and modified the standards to determine if there is a "material financial <br />effect" on an official's interests. <br />Regulations 18704 Through 18704.4 - Making Participating in Making or Usinq or <br />Attempting to Use Official Position to Influence a Decision, Defined <br />Previously, Regulations 18704 through 18704.4 defined when a public official was <br />making, participating in making or influencing a governmental decision, and offered <br />exceptions to these provisions. On May 21, 2015, the FPPC amended the existing five <br />regulations into one regulation. The revisions were made in an attempt to make the <br />Regulations more straightforward and easier to understand and apply. For the most <br />part, the standards for Making, Participating in Making or Using or Attempting to Use <br />93939.00020\9740215.2 <br />This product provided under the Public Policy & Ethics Group Program <br />-1- <br />