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PROCESSES AND REMEDIES FOR PUBLIC INTEGRITY LAW VIOLATIONS: PART II. GOVERNMENT CODE SECTION 1090
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PROCESSES AND REMEDIES FOR PUBLIC INTEGRITY LAW VIOLATIONS: PART II. GOVERNMENT CODE SECTION 1090
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7/19/2019 1:38:07 PM
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City Clerk
Date
5/18/2018
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1®1: <br />BEST BEST & KRIEGER <br />ATTORNEYS AT LAW <br />are void and the counter party must disgorge all proceeds and profits derived from the <br />contract to the public agency. (See, Los Angeles Memorial Coliseum Comm'n. v. <br />Insomniac, Inc. (2015) 233 Cal.AppAth 803.) <br />ATTORNEY GENERAL & DISTRICT ATTORNEY ENFORCEMENT <br />Criminal Prosecution <br />A willful violation of the statute, or aiding and abetting a violation of the statute, is <br />a felony offense, punishable by a fine of $1,000, up to three years in state prison, and a <br />lifetime ban from holding office. (Gov. Code § 1097.) Violations of the statute are often <br />charged in connection with bribery or "pay to play" cases as acceptance of a bribe or <br />payment in connection with the making of a contract gives the public official an financial <br />interest in the contract. As such, either the Attorney General or the district attorney may <br />investigate and prosecute a violation of the statute. (See, People v. Honig (1996) 48 <br />Cal.App.4th 303.) <br />Removal from Office <br />Violation of the statute, even if not willful, certainly could be a basis for removal <br />from office under the provisions of Government Code section 3060, et. seq. That law <br />provides that the grand jury, customarily led by the district attorney or Attorney General, <br />may hand up an Accusation against an officer of a district, county, city, or school board <br />for willful or corrupt misconduct. Such misconduct includes malfeasance, misfeasance <br />and nonfeasance in office, and comprehends violations of the Section 1090. (See, <br />Stark v. Superior Court (2011) 52 CalAth 368; People v. Tice (1956) 144 Cal.App.2d <br />750.) After an Accusation is handed up, the matter then proceeds as a criminal <br />prosecution and upon conviction or plea results in removal from office. <br />This product provided under the Public Policy & Ethics Group Program <br />93939.0020E\31067571.1 -2- <br />
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