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~'-' OFFICE OF THE CITY ATTORNEY <br />OPINION N0. 75-4 <br />January 23, 1975 <br />SUBJECT: Conflict of Interests Requirements. <br />REQUESTED BY: Planning Department <br />OPINION BY: James A. Withers, City Attorney <br />BY: Richard E. Lay, Deputy <br />QUESTION 1: May a Senior Planner, employed by the <br />Planning Department file applications <br />for parcel map approval, zoning variance <br />and building permits concerning property <br />he owns within the city without violating <br />state and local conflict of interest laws? <br />ANSWER: Yes, but he should refrain from all participa- <br />tion in the review and action on such applica- <br />tions by any city agency. <br />,.-. QUESTION 2: Does the fact that the employee is acting <br />in conjunction with a Planning Commissioner <br />as co-owners of the property affect the <br />- above conclusion. <br />ANSWER: No. The Planning Commissioner, however, is under <br />a similar obligation of non-participation and <br />must also disclose his interest to the Planning <br />Commission at such time as that body considers <br />any action pertaining to the property. <br />nnini vcrc <br />Sections 87100 - 87103 of the Government Code (recently <br />enacted as part of the Political Reform Initiative, "Proposition 9") <br />prohibit public officials at any level of local government from <br />making, participating in making, or in any way attempting to use <br />their official position to influence, a governmental decision in <br />which the public official has a financial interest. If this rule <br />is violated, the action taken may be voided by any city resident <br />through court action. (Gov. Code Sec. 91003). <br /> <br />-13- <br />