BUS-78, A Guide to the Political Reform Act of 1974

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A GUIDE TO THE POLITICAL REFORM ACT OF 1974

CALIFORNIA'S CONFLICT OF INTEREST LAW FOR PUBLIC OFFICIALS

(Other Than Members of the Legislature,
Constitutional Officers and the Insurance Commissioner)

Introduction to This Bulletin, Scope, and References

Table of Contents

• Introduction

• Fair Political Practices Commission

• The Political Reform Act

• How Does the Political Reform Act Prevent Conflicts of Interest?

• Who Must File Statements of Economic Interests Under the Political Reform Act?

• Are Statements of Economic Interests Available to the Public?

• Who May Be Disqualified Under the Political Reform Act?

• What is a Conflict of Interest?

  • Participation in a Governmental Decision

  • Foreseeability

  • Materiality

  • The "Public Generally" Exception

  • Public Generally Rule for Small Jurisdictions

• What Should a Public Official Who Has a Conflict of Interest Do?

• Is a Governmental Decision Valid If It Was Made by an Official Who Had a Conflict of Interest?

• May a Public Official Ever Make a Decision in Which He or She Has a Disqualifying Financial Interest?

• What Are the Penalties for Violation of the Conflict of Interest Provisions of the Political Reform Act?

• How Can a Public Official Find Out If He or She Has a Conflict of Interest?

• What Should You Do If You Suspect That a Public Official Has Violated the Conflict of Interest Provisions of the Political Reform Act?

• Campaign Contributions and Governmental Decisionmaking

• Government Code Section 1090 and Other Laws

• Footnotes

• Appendix A

• Appendix B

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Last updated: October 16, 2006 .