Ethics: California's Conflict of Interest Definition
This page is intended to provide general information and does not necessarily address all aspects of this topic. Because the facts of each situation may vary, this information may need to be supplemented by consulting legal advisors. It reflects in summary form statutes/constitutional provisions/legislative chamber rules in effect as of 5/31/2008 or statutes set to take effect shortly thereafter.
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GOVERNMENT CODE
Title 9. Political Reform
Chapter 7. Conflicts of Interest
Article 1. General Prohibition
§ 87100. Prohibition because of financial interest
No public official at any level of state or local government shall make, participate in making or in any way attempt to use his official position to influence a governmental decision in which he knows or has reason to know he has a financial interest. |
Cal. Gov't Code § 87100 (2007). |
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GOVERNMENT CODE
Title 9. Political Reform
Chapter 7. Conflicts of Interest
Article 1. General Prohibition
§ 87101. Exception when participation in decision required
Section 87100 does not prevent any public official from making or participating in the making of a governmental decision to the extent his participation is legally required for the action ordecision to be made. The fact that an official's vote is needed to break a tie does not make his participation legally required for purposes of this section. |
Cal. Gov't Code § 87101 (2007). |
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GOVERNMENT CODE
Title 9. Political Reform
Chapter 7. Conflicts of Interest
Article 1. General Prohibition
§ 87102.5. Application of remedies of Fair Political Practices Act
(a) The remedies provided in Chapter 3 (commencing with Section 83100) shall apply to any Member of the Legislature who makes, participates in making, or in any way attempts to use his or her official position to influence any of the following governmental decisions in which he or she knows or has reason to know that he or she has a financial interest:
(1) Any state governmental decision, other than any action or decision before the Legislature, made in the course of his or her duties as a member.
(2) Approval, modification, or cancellation of any contract to which either house or a committee of the Legislature is a party.
(3) Introduction as a lead author of any legislation that the member knows or has reason to know is nongeneral legislation.
(4) Any vote in a legislative committee or subcommittee on what the member knows or has reason to know is nongeneral legislation.
(5) Any rollcall vote on the Senate or Assembly floor on an item which the member knows is nongeneral legislation.
(6) Any action or decision before the Legislature in which all of the following occur:
(A) The member has received any salary, wages, commissions, or similar earned income within the preceding 12 months from a lobbyist employer.
(B) The member knows or has reason to know the action or decision will have a direct and significant financial impact on the lobbyist employer.
(C) The action or decision will not have an impact on the public generally or a significant segment of the public in a similar manner.
(7) Any action or decision before the Legislature on legislation that the member knows or has reason to know will have a direct and significant financial impact on any person, distinguishable from its impact on the public generally or a significant segment of the public, from whom the member has received any compensation within the preceding 12 months for the purpose of appearing, agreeing to appear, or taking any other action on behalf of that person, before any local board or agency.
(b) For purposes of this section, all of the following apply:
(1) "Any action or decision before the Legislature" means any vote in a committee or subcommittee, or any rollcall vote on the floor of the Senate or Assembly.
(2) "Financial interest" means an interest as defined in Section 87103.
(3) "Legislation" means a bill, resolution, or constitutional amendment.
(4) "Nongeneral legislation" means legislation that is described in Section 87102.6 and is not of a general nature pursuant to Section 16 of Article IV of the Constitution.
(5) A Member of the Legislature has reason to know that an action or decision will have a direct and significant financial impact on a person with respect to which disqualification may be required pursuant to subdivision (a) if either of the following apply:
(A) With the knowledge of the member, the person has attempted to influence the vote of the member with respect to the action or decision.
(B) Facts have been brought to the member's personal attention indicating that the action or decision will have a direct and significant impact on the person.
(6) The prohibitions specified in subdivision (a) do not apply to a vote on the Budget Bill as a whole, or to a vote on a consent calendar, a motion for reconsideration, a waiver of any legislative rule, or any purely procedural matter.
(7) A Member of the Legislature has reason to know that legislation is nongeneral legislation if facts have been brought to his or her personal attention indicating that it is nongeneral legislation.
(8) Written advice given to a Member of the Legislature regarding his or her duties under this section by the Legislative Counsel shall have the same effect as advice given by the commission pursuant to subdivision (b) of Section 83114 if both of the following apply:
(A) The member has made the same written request based on the same material facts to the commission for advice pursuant to Section 83114 as to his or her duties under this section, as the written request and facts presented to the Legislative Counsel.
(B) The commission has not provided written advice pursuant to the member's request prior to the time the member acts in good faith reliance on the advice of the Legislative Counsel. |
Cal. Gov't Code § 87102.5 (2007). |
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GOVERNMENT CODE
Title 9. Political Reform
Chapter 7. Conflicts of Interest
Article 1. General Prohibition
§ 87102.6. "Nongeneral legislation"
(a) "Nongeneral legislation" means legislation as to which both of the following apply:
(1) It is reasonably foreseeable that the legislation will have direct and significant financial impact on one or more identifiable persons, or one or more identifiable pieces of real property.
(2) It is not reasonably foreseeable that the legislation will have a similar impact on the public generally or on a significant segment of the public.
(b) For purposes of this section and Section 87102.5, all of the following apply:
(1) "Legislation" means a bill, resolution, or constitutional amendment.
(2) "Public generally" includes an industry, trade, or profession.
(3) Any recognized subgroup or specialty of the industry, trade, or profession constitutes a significant segment of the public.
(4) A legislative district, county, city, or special district constitutes a significant segment of the public.
(5) More than a small number of persons or pieces of real property is a significant segment of the public.
(6) Legislation, administrative action, or other governmental action impacts in a similar manner all members of the public, or all members of a significant segment of the public, on which it has a direct financial effect, whether or not the financial effect on individual members of the public or the significant segment of the public is the same as the impact on the other members of the public or the significant segment of the public.
(7) The Budget Bill as a whole is not nongeneral legislation.
(8) Legislation that contains at least one provision that constitutes nongeneral legislation is nongeneral legislation, even if the legislation also contains other provisions that are general and do not constitute nongeneral legislation. |
Cal Gov Code § 87102.6 (2007). |
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GOVERNMENT CODE
Title 9. Political Reform
Chapter 7. Conflicts of Interest
Article 1. General Prohibition
§ 87102.8. Use of official position to influence governmental decision in which official has financial interest
(a) No elected state officer, as defined in subdivision (f) of Section 14 of Article v. of the California Constitution, shall make or participate in the making of, or use his or her official position to influence, any governmental decision before the agency in which the elected state officer serves, where he or she knows or has reason to know that he or she has a financial interest.
(b) An elected state officer knows or has reason to know that he or she has a financial interest in any action by, or a decision before the agency in which he or she serves where either of the following occur:
(1) The action or decision will have a direct and significant financial impact on a lobbyist employer from which the officer has received any salary, wages, commissions, or similar earned income within the preceding 12 months and the action or decision will not have an impact on the public generally or a significant segment of the public in a similar manner.
(2) The action or decision will have a direct and significant financial impact on any person, distinguishable from its impact on the public generally or a significant segment of the public, from whom the officer has received any compensation within the preceding 12 months for the purpose of appearing, agreeing to appear, or taking any other action on behalf of that person, before any local board or agency.
(c) The definitions of "public generally" and "significant segment of the public" contained in Section 87102.6 shall apply to this section.
(d) Notwithstanding Section 87102, the remedies provided in Chapter 3 (commencing with Section 83100) shall apply to violations of this section. |
Cal Gov Code § 87102.8 (2007). |
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GOVERNMENT CODE
Title 9. Political Reform
Chapter 7. Conflicts of Interest
Article 1. General Prohibition
§ 87103. Financial interest
A public official has a financial interest in a decision within the meaning of Section 87100 if it is reasonably foreseeable that the decision will have a material financial effect, distinguishable from its effect on the public generally, on the official, a member of his or her immediate family, or on any of the following:
(a) Any business entity in which the public official has a direct or indirect investment worth two thousand dollars ($2,000) or more.
(b) Any real property in which the public official has a direct or indirect interest worth two thousand dollars ($2,000) or more.
(c) Any source of income, except gifts or loans by a commercial lending institution made in the regular course of business on terms available to the public without regard to official status, aggregating five hundred dollars ($500) or more in value provided or promised to, received by, the public official within 12 months prior to the time when the decision is made.
(d) Any business entity in which the public official is a director, officer, partner, trustee, employee, or holds any position of management.
(e) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating two hundred fifty dollars ($250) or more in value provided to, received by, or promised to the public official within 12 months prior to the time when the decision is made. The amount of the value of gifts specified by this subdivision shall be adjusted biennially by the commission to equal the same amount determined by the commission pursuant to subdivision (f) of Section 89503.
For purposes of this section, indirect investment or interest means any investment or interest owned by the spouse or dependent child of a public official, by an agent on behalf of a public official, or by a business entity or trust in which the official, the official's agents, spouse, and dependent children own directly, indirectly, or beneficially a 10-percent interest or greater. |
Cal Gov Code § 87103 (2007). |
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