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2010 CA AG Conflict of Interest Guide

2010 CA AG Conflict of Interest Guide

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Published by Mark Dierolf

"Conflict-of-interest laws are grounded on the notion that government officials owe paramount loyalty to the public, and that personal or private financial considerations on the part of government officials should not be allowed to enter the decision-making process."

"Conflicts Of Interest," published by Office of the Attorney General, Edmund G. Brown Jr., Attorney General. Prepared by the Civil Division, Government Law Section; David S. Chaney, Chief Assistant Attorney General; Jonathan K. Renner, Senior Assistant Attorney; General Zackery P. Morazzini, Supervising Deputy Attorney General; Ted Prim, Editor, Deputy Attorney General; and Erin V. Peth, Editor, Deputy Attorney General.

"Conflict-of-interest laws are grounded on the notion that government officials owe paramount loyalty to the public, and that personal or private financial considerations on the part of government officials should not be allowed to enter the decision-making process."

"Conflicts Of Interest," published by Office of the Attorney General, Edmund G. Brown Jr., Attorney General. Prepared by the Civil Division, Government Law Section; David S. Chaney, Chief Assistant Attorney General; Jonathan K. Renner, Senior Assistant Attorney; General Zackery P. Morazzini, Supervising Deputy Attorney General; Ted Prim, Editor, Deputy Attorney General; and Erin V. Peth, Editor, Deputy Attorney General.

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Published by: Mark Dierolf on Feb 19, 2013
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02/09/2014

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C
onfliCts of
i
nterest
2010
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Caliornia Attorney General’s Ofce
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C
ONFLICTS OF
I
NTEREST
OFFICE OF THE ATTORNEY GENERAL
Edmund G. Brown Jr.
Attorney General
Prepared by the Civil Division,
Government Law Section
David S. Chaney
Chief Assistant Attorney General
Jonathan K. Renner
Senior Assistant Attorney General
Zackery P. Morazzini
Supervising Deputy Attorney General
Ted Prim, Editor
Deputy Attorney General
Erin V. Peth, Editor
Deputy Attorney General
 
INTRODUCTION
Conflict-of-interest laws are grounded on the notion that government officials owe paramount loyalty to the public, and that personal or private financial considerations on the partof government officials should not be allowed to enter the decision-making process. The purpose of this Guide is to assist government officials in complying with California’s conflict-of-interest laws and to assist the public and the news media in understanding these laws so thatconflict-of-interest situations can be monitored and avoided.This Guide does not purport to cover all conflict-of-interest laws. Rather, it focuses onfinancial conflicts of interest by local and state executive and legislative officials. It does notcover judicial conflicts of interest, the Legislative Code of Ethics, or the ethical requirements of the California State Bar.If you suspect that a government official or a candidate may have a conflict of interest,you can consult this Guide to familiarize yourself with the basic requirements of the law and othe enforcement remedies that are available. Although this Guide will be helpful to both officialsand the public, it is not a substitute for directly consulting the law in question, or an attorney.By providing information about the requirements of these laws, the ways in which theyhave been interpreted and the ways in which they can be enforced, we hope that fewer misunderstandings will result about what is and what is not a conflict of interest. Through anunderstanding of these laws, government officials should be able to avoid conflict-of-interestsituations and members of the public will be better able to determine whether a conflict of interest exists.This Guide relies upon statutory and case law, as well as the administrative law of theState. While most of the significant statutes and cases are discussed, this Guide is not intendedto be a complete compendium of all statutes and court cases in this area.We refer to published opinions and letter opinions issued by this office. AttorneyGeneral opinions, unlike appellate court decisions, are advisory only. However, with respect toconflict-of-interest laws, courts have frequently adopted the analysis of Attorney Generalopinions, and have commented favorably on the service afforded by those opinions and thisGuide. (See
 Lexin v. Superior Court 
(2010) 47 Cal.4th 1050, 1087;
Thorpe v. Long BeachCommunity College Dist.
(2000) 83 Cal.App.4th 655, 662.) Published opinions are cited byvolume, page number and year (e.g., 59 Ops.Cal.Atty.Gen. 339 (1979)). Indexed letters or letter opinions are cited by year and page number (e.g., Cal.Atty.Gen., Indexed Letter, No. IL 75-255(July 21, 1975)). Published opinions are available through law libraries and some attorneys’offices. As a general rule, indexed letters are available only in the Offices of the AttorneyGeneral. Copies may be obtained by a request to the editors.We also refer to the regulations, published opinions and informal advice letters of theFair Political Practices Commission (“FPPC”). The regulations are found in title 2 of theCalifornia Code of Regulations in section 18000 et seq. The opinions of the FPPC may be foundin publications of Continuing Education of the Bar and are cited by name, year of publication,

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