CHAPTER 7. Conflicts of Interest [87100. - 87505.]
Chapter 7 added June 4, 1974, by initiative Proposition 9.
§§ 87100–87505 · 69 sections
ARTICLE 1. General Prohibition §§ 87100–87105 · 12 sections
- § 87100 A public official at any level of state or local government shall not make, participate in making, or in any way attempt to use the public official’s official…
- § 87100.1 (a) A registered professional engineer or licensed land surveyor who renders professional services as a consultant to a state or local government, either…
- § 87101 Section 87100 does not prevent any public official from making or participating in the making of a governmental decision to the extent the official’s…
- § 87102 The requirements of Section 87100 are in addition to the requirements of Articles 2 (commencing with Section 87200) and 3 (commencing with Section 87300) and…
- § 87102.5 (a) The remedies provided in Chapter 3 (commencing with Section 83100) apply to any Member of the Legislature who makes, participates in making, or in any way…
- § 87102.6 (a) “Nongeneral legislation” means legislation as to which both of the following apply: (1) It is reasonably foreseeable that the legislation will have direct…
- § 87102.8 (a) An elected state officer, as defined in subdivision (f) of Section 14 of Article V of the California Constitution, shall not make or participate in the…
- § 87103 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…
- § 87103.5 (a) Notwithstanding subdivision (c) of Section 87103, a retail customer of a business entity engaged in retail sales of goods or services to the public…
- § 87103.6 Notwithstanding subdivision (c) of Section 87103, any person who makes a payment to a state agency or local government agency to defray the estimated…
- § 87104 (a) A public official of a state agency shall not, for compensation, act as an agent or attorney for, or otherwise represent, any other person by making any…
- § 87105 (a) A public official who holds an office specified in Section 87200 who has a financial interest in a decision within the meaning of Section 87100 shall, upon…
ARTICLE 2. Disclosure §§ 87200–87211 · 15 sections
- § 87200 This article is applicable to elected state officers, judges and commissioners of courts of the judicial branch of government, members of the Public Utilities…
- § 87200.5 (a) Members of the board of directors and the executive of a groundwater sustainability agency shall file statements of economic interests in accordance with…
- § 87201 Every candidate for an office specified in Section 87200 other than a justice of an appellate court or the Supreme Court shall file no later than the final…
- § 87202 (a) (1) A person who is elected, appointed, or nominated to an office specified in Section 87200 shall file a statement disclosing the person’s investments and…
- § 87203 A person who holds an office specified in Section 87200 shall, each year at a time specified by commission regulations, file a statement disclosing the…
- § 87204 A person who leaves an office specified in Section 87200 shall, within 30 days after leaving the office, file a statement disclosing the person’s investments,…
- § 87205 A person who completes a term of an office specified in Section 87200 and within 45 days begins a term of the same office or another such office of the same…
- § 87206 If an investment or an interest in real property is required to be disclosed under this article, the statement shall contain: (a) A statement of the nature of…
- § 87206.5 If an official must disclose a leasehold interest, the official shall do all of the following: (a) Identify the interest as a leasehold interest. (b) Disclose…
- § 87207 (a) If income is required to be reported under this article, the statement shall contain, except as provided in subdivision (b): (1) The name and street…
- § 87207.5 When an arrangement for prospective employment is required to be reported under this article, the statement shall contain the date that the filer accepted the…
- § 87208 Except in statements required by Section 87203, investments and interests in real property which have been disclosed on a statement of economic interests filed…
- § 87209 When a statement is required to be filed under this article, every person specified in Section 87200 shall disclose any business positions held by that person.…
- § 87210 A person shall not make a gift totaling fifty dollars ($50) or more in a calendar year to a person described in Article 2 on behalf of another, or while acting…
- § 87211 This article does not apply to either of the following of the State Bar of California, who shall file statements under conflict of interest codes developed…
ARTICLE 3. Conflict of Interest Codes §§ 87300–87314 · 19 sections
- § 87300 Every agency shall adopt and promulgate a Conflict of Interest Code pursuant to the provisions of this article. A Conflict of Interest Code shall have the…
- § 87301 It is the policy of this act that Conflict of Interest Codes shall be formulated at the most decentralized level possible, but without precluding…
- § 87302 Each conflict of interest code shall contain the following provisions: (a) Specific enumeration of the positions within the agency, other than those specified…
- § 87302.3 (a) Every candidate for an elective office that is designated in a conflict of interest code shall file a statement disclosing the candidate’s investments,…
- § 87302.6 Notwithstanding Section 87302, a member of a board or commission of a newly created agency shall file a statement at the same time and in the same manner as…
- § 87303 No conflict of interest code shall be effective until it has been approved by the code reviewing body. Each agency shall submit a proposed conflict of interest…
- § 87304 If any agency fails to submit a proposed conflict of interest code or amendments, or if any state agency fails to report amendments pursuant to subdivision (b)…
- § 87305 If after six months following the deadline for submission of the proposed Conflict of Interest Code to the code reviewing body no Conflict of Interest Code has…
- § 87306 (a) Every agency shall amend its Conflict of Interest Code, subject to the provisions of Section 87303, when change is necessitated by changed circumstances,…
- § 87306.5 (a) No later than July 1 of each even-numbered year, the code reviewing body shall direct every local agency which has adopted a Conflict of Interest Code in…
- § 87307 An agency may at any time amend its Conflict of Interest Code, subject to the provisions of Section 87303, either upon its own initiative or in response to a…
- § 87308 Judicial review of any action of a code reviewing body under this chapter may be sought by the commission, by the agency, by an officer, employee, member or…
- § 87309 A conflict of interest code or amendment shall not be approved by the code reviewing body or upheld by a court if it: (a) Fails to provide reasonable assurance…
- § 87310 If the duties of a designated employee are so broad or indefinable that the requirements of Section 87309 cannot be complied with, the Conflict of Interest…
- § 87311 The review of proposed Conflict of Interest Codes by the Commission and by the Attorney General and the preparation of proposed Conflict of Interest Codes by…
- § 87311.5 (a) Notwithstanding the provisions of Section 87311, the review of the Conflict of Interest Code of an agency in the judicial branch of government shall not be…
- § 87312 The Commission shall, upon request, provide technical assistance to agencies in the preparation of Conflict of Interest Codes. Such assistance may include the…
- § 87313 A person shall not make a gift of fifty dollars ($50) or more in a calendar month on behalf of another, or while acting as the intermediary or agent of another…
- § 87314 (a) A board, commission, or agency of a public pension or retirement system shall attach to its Conflict of Interest Code an appendix entitled “Agency…
ARTICLE 3.5. Multiagency Filers § 87350 · 1 section
- § 87350 (a) Notwithstanding any other provision of this title, a person required to file more than one assuming office statement, statement of economic interests, or…
ARTICLE 4. Disqualification of Former Officers and Employees §§ 87400–87410 · 13 sections
- § 87400 Unless the contrary is stated or clearly appears from the context, the definitions set forth in this section shall govern the interpretation of this article.…
- § 87401 A former state administrative official, after the termination of the official’s employment or term of office, shall not, for compensation, act as agent or…
- § 87402 A former state administrative official, after the termination of the official’s employment or term of office shall not, for compensation, aid, advise, counsel,…
- § 87403 The prohibitions contained in Sections 87401 and 87402 shall not apply: (a) To prevent a former state administrative official from making or providing a…
- § 87404 Upon the petition of any interested person or party, the court or the presiding or other officer, including but not limited to a hearing officer serving…
- § 87405 The requirements imposed by this article shall not apply to any person who left government service prior to the effective date of this article except that any…
- § 87406 (a) This section shall be known, and may be cited, as the Milton Marks Postgovernment Employment Restrictions Act of 1990. (b) (1) Except as provided in…
- § 87406.1 (a) For purposes of this section, “district” means an air pollution control district or air quality management district and “district board” means the…
- § 87406.3 (a) A local elected official, chief administrative officer of a county, city manager, or general manager or chief administrator of a special district who held…
- § 87407 A public official shall not make, participate in making, or use the public official’s official position to influence, any governmental decision directly…
- § 87408 (a) A member of the Board of Administration of the Public Employees’ Retirement System, an individual in a position designated in subdivision (a) or (e) of…
- § 87409 (a) A member of the Board of Administration of the Public Employees’ Retirement System, an individual in a position designated in subdivision (a) or (e) of…
- § 87410 (a) A member of the Board of Administration of the Public Employees’ Retirement System or an individual in a position designated in subdivision (a) or (e) of…
ARTICLE 4.5. Disqualification of State Officers and Employees § 87450 · 1 section
- § 87450 (a) In addition to the provisions of Article 1 (commencing with Section 87100), a state administrative official shall not make, participate in making, or use…
ARTICLE 4.6. Loans to Public Officials §§ 87460–87462 · 3 sections
- § 87460 (a) An elected officer of a state or local government agency shall not, from the date of the elected officer’s election to office through the date that the…
- § 87461 (a) Except as set forth in subdivision (b), an elected officer of a state or local government agency shall not, from the date of the elected officer’s election…
- § 87462 (a) Except as set forth in subdivision (b), a personal loan shall become a gift to the debtor for the purposes of this title in the following circumstances:…
ARTICLE 5. Filing §§ 87500–87505 · 5 sections
- § 87500 (a) (1) A statement of economic interests filed by a public official, for whom the Commission is the filing officer, shall be filed with the Commission using…
- § 87500.2 (a) An agency may permit the electronic filing of a statement of economic interests required by Article 2 (commencing with Section 87200) or Article 3…
- § 87500.3 (a) The Commission may develop and operate an online system for filing statements of economic interests required by Article 2 (commencing with Section 87200)…
- § 87500.4 (a) If the Commission establishes an online system pursuant to Section 87500.3, the Commission shall specify which categories of persons described in Section…
- § 87505 Each city clerk or county clerk who maintains an Internet Web site shall post on that Internet Web site a notification that includes all of the following: (a)…