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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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The Basic Prohibition

The basic prohibition provides that: (1) no specified local official, (2) shall for
compensation act as a representative for any other person, (3) for one year after leaving local
government office or employment, (4) before his or her former local agency, (5) for the purpose
of influencing an administrative or legislative action, or any action or proceeding involving the
issuance, amendment, awarding, or revocation of a permit, license, grant, contract, or the sale or
purchase of property or goods. (§ 87406.3; Regulation, §§ 18746.2 & 18746.3.)

Covered Persons

The prohibition applies to officials who have left the following positions with a local
government agency: local elective office, county chief administrative officer, city manager or
chief administrator of a city, and general manager or chief administrator of a special district.
(§§ 87406.3 & 82041; Regulation, § 18746.3.)

Period Covered

The prohibition is effective for one year, starting when the official permanently leaves his
or her local agency, or when official is on temporary leave from work at the agency.
(Regulation, § 18746.3, subd. (b)(1).)

V. Limitations on Post-Governmental Employment

Page 49

Prohibited Acts

The official, during the one-year period, cannot represent another person for
compensation by appearing before or communicating with his or her former agency, including
any officer or employee thereof, for the purpose of influencing the following:

An “administrative action” of the former agency. This includes the proposal, drafting,
development, consideration, amendment, enactment, or defeat of any matter, including
any rule, regulation, or other action in any regulatory proceeding. “Administrative
action” includes both quasi-legislative proceedings involving rules of general
applicability and quasi-judicial proceedings that determine the rights of specific parties or
apply existing laws to specific facts. (§ 87406.3; Regulation, § 18746.3, subd. (b)(5)(A) -
(C).)

A “legislative action” of the former agency. This includes the drafting, introduction,
modification, enactment, defeat, approval, or veto of any ordinance, amendment,
resolution, report, nomination, or other matter by the agency’s legislative body.
(§ 87406.3; Regulation, § 18746.3, subd. (b)(5)(D).)

Discretionary acts involving permits, licenses, grants, contracts, or the sale or purchase of
goods or property. (§ 87406.3; Regulation, § 18746.3, subd. (b)(5).)

Former Agency

An official’s “former agency” includes not only the local government agency for which
he or she served as an officer or employee, but also any local government agency whose budget,
personnel, or other operations were subject to the direction and control of the official’s agency.
(§ 87406.3; Regulation, § 18746.4, subd. (b)(6)(B).)

Exceptions

The prohibition in section 87406.3 does not apply when the official:

Is representing his or her own personal interests before the agency, unless the appearance
is in a quasi-judicial proceeding in which the official previously participated (see
Regulation, § 18702.4, subd. (b)(1) [defining “personal interests”]);

Receives no compensation for making the appearance or communication, or when the
official is only compensated for a voluntary appearance or communication with the
payment of his or her necessary travel, meals, and accommodation (Regulation,
§ 18746.3, subd. (b)(3); and,

Is appearing or communicating with his or her former agency in the capacity of officer or
employee of another government agency and is acting for that new agency. (Regulation,
§ 18746.3, subd. (c).)

V. Limitations on Post-Governmental Employment

Page 50

3.One-year prohibition for former officials of air pollution control and
air quality management districts

There is also a one-year prohibition, similar to the one-year prohibition for state officers
or employees described above, applicable to former board members and specified officers and
employees of air pollution control and air quality management districts. (§ 87406.1.)

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