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CHANGES IN THE FAIR POLITICAL PRACTICES COMISSION REGULATIONS RE: MAKING A GOVERNMENTAL DECISION AND CONSULTANTS, PUBLIC IDENTIFICATION OF A CONFLICT OF INTEREST AND PUBLIC OFFICIALS WHO MANAGE PUBLIC INVESTMENTS
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CHANGES IN THE FAIR POLITICAL PRACTICES COMISSION REGULATIONS RE: MAKING A GOVERNMENTAL DECISION AND CONSULTANTS, PUBLIC IDENTIFICATION OF A CONFLICT OF INTEREST AND PUBLIC OFFICIALS WHO MANAGE PUBLIC INVESTMENTS
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7/19/2019 1:36:28 PM
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City Clerk
Date
6/3/2015
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1 y. <br />BEST BEST & KRIEGER I <br />ATTORNEYS AT LAW <br />Official Position to Influence a Decision have not changed. However, a few slight <br />revisions have resulted from this merger. <br />One of those slight revisions is in the Exceptions section 18704(d), under subsection <br />(2)(B), which addresses appearances as a member of the general public. It now <br />specifies that appearance before the agency for a business entity is applicable when the <br />business is owned "entirely" by the official or members of the official's immediate family. <br />The term "entirely" was changed from "wholly owned" to help clarify its meaning. <br />Additionally, under subsection (6) for submittal of architectural designs or engineering <br />plans by the official, it has been made clear that the work "is to be performed pursuant <br />to the official's profession." (Reg 18704(d)(6)(A)). <br />For the most part, the consolidation is non -substantive in nature and aims only to clarify <br />existing requirements. However, new subsection (d)(7), dealing with additional <br />consulting services, contains new language which more fully explains the exemption <br />from "making a governmental decision," created by recommendations from a consultant <br />regarding additional services for which that consultant or the consultant's employer <br />would receive additional income. The Regulation explains that a situation such as this is <br />exempted if the only interest the consultant has which would be affected by the decision <br />is in the firm. <br />This provision derives from the McEwen Advice Letter, No. 1-92-481. In this letter, <br />Commission Staff determined that a contracted city attorney was not making, <br />participating in making, or influencing a decision that would result in additional legal fees <br />so long as the services were provided in accordance to the existing consulting contract. <br />Codifying this principle, Regulation 18704(d)(7) clarifies that a consultant may make <br />recommendations regarding additional services for which the consultant or consultant's <br />employer will receive additional income if the agency has contracted with the consultant <br />to make such recommendations. <br />Regulation 18704.5 - Public Identification of a Conflict of Interest for Section 87200 <br />Filers <br />For any official who holds an office specified in Section 87200, the former Regulation <br />18704.5 provided rules the official must follow when recusing him or herself from a <br />decision in which he or she has a disqualifying conflict of interest. Additionally, former <br />Regulation 18704.1(a)(5), (b) and (c) provided guidelines for all other officials recusing <br />themselves from a decision in which they have a disqualifying interest. For the purposes <br />of clarifying these provisions, the FPPC has merged those disqualification rules into a <br />single Regulation now numbered 18707 without making any substantive changes. <br />-2- <br />93939.00020\9740215.2 <br />
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