reglab/statecodes huggingface dataset:
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 7 - Conflicts of Interest › ARTICLE 1 - General Prohibition › Section 87103.

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 material financial effect, distinguishable from its effect on the public generally, on the official, a member of the official’s 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.
(Amended by Stats. 2021, Ch. 50, Sec. 195. (AB 378) Effective January 1, 2022. Note: This section was added on June 4, 1974, by initiative Prop. 9.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 7 - Conflicts of Interest › ARTICLE 1 - General Prohibition › Section 87103.5.

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 generally is not a source of income to an official who owns a 10-percent or greater interest in the entity if the retail customers of the business entity constitute a significant segment of the public generally, and the amount of income received by the business entity from the customer is not distinguishable from the amount of income received from its other retail customers.
(b) Notwithstanding subdivision (c) of Section 87103, in a jurisdiction with a population of 10,000 or less which is located in a county with 350 or fewer retail businesses, a retail customer of a business entity engaged in retail sales of goods or services to the public generally is not a source of income to an official of that jurisdiction who owns a 10-percent or greater interest in the entity, if the retail customers of the business entity constitute a significant segment of the public generally, and the amount of income received by the business entity from the customer does not exceed one percent of the gross sales revenues that the business entity earned during the 12 months prior to the time the decision is made.
(c) For the purposes of subdivision (b):
(1) Population in a jurisdiction shall be established by the United States Census.
(2) The number of retail businesses in a county shall be established by the previous quarter’s Covered Employment and Wages Report (ES-202) of the Labor Market Information Division of the California Employment Development Department.
(Amended by Stats. 2002, Ch. 654, Sec. 1. Effective January 1, 2003.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 7 - Conflicts of Interest › ARTICLE 1 - General Prohibition › Section 87103.6.

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 reasonable costs to process any application, approval, or any other action, including but not limited to, holding public hearings and evaluating or preparing any report or document, shall not by reason of the payments be a source of income to a person who is retained or employed by the agency.
(Added by Stats. 1991, Ch. 887, Sec. 2. Effective October 14, 1991.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 7 - Conflicts of Interest › ARTICLE 1 - General Prohibition › Section 87104.

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 formal or informal appearance before, or any oral or written communication to, the official’s state agency or any officer or employee thereof, if the appearance or communication is for the purpose of influencing a decision on a contract, grant, loan, license, permit, or other entitlement for use.
(b) For purposes of this section, “public official” includes a member, officer, employee, or consultant of an advisory body to a state agency, whether the advisory body is created by statute or otherwise, except when the public official is representing the official’s employing state, local, or federal agency in an appearance before, or communication to, the advisory body.
(Amended by Stats. 2021, Ch. 50, Sec. 196. (AB 378) Effective January 1, 2022.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 7 - Conflicts of Interest › ARTICLE 1 - General Prohibition › Section 87105.

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 identifying a conflict of interest or a potential conflict of interest and immediately prior to the consideration of the matter, do all of the following:
(1) Publicly identify the financial interest that gives rise to the conflict of interest or potential conflict of interest in detail sufficient to be understood by the public, except that disclosure of the exact street address of a residence is not required.
(2) Recuse the public official’s own self from discussing and voting on the matter, or otherwise acting in violation of Section 87100.
(3) Leave the room until after the discussion, vote, and any other disposition of the matter is concluded, unless the matter has been placed on the portion of the agenda reserved for uncontested matters.
(4) Notwithstanding paragraph (3), a public official described in subdivision (a) may speak on the issue during the time that the general public speaks on the issue.
(b) This section does not apply to Members of the Legislature.
(Amended by Stats. 2021, Ch. 50, Sec. 197. (AB 378) Effective January 1, 2022.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 7 - Conflicts of Interest › ARTICLE 2 - Disclosure › Section 87200.

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 Commission, members of the State Energy Resources Conservation and Development Commission, members of the Fair Political Practices Commission, members of the California Coastal Commission, members of the High-Speed Rail Authority, members of planning commissions, members of the board of supervisors, district attorneys, county counsels, county treasurers, and chief administrative officers of counties, mayors, city managers, city attorneys, city treasurers, chief administrative officers and members of city councils of cities, and other public officials who manage public investments, and to candidates for any of these offices at any election.
(Amended by Stats. 2012, Ch. 626, Sec. 1. (AB 41) Effective September 27, 2012. Note: This section was added on June 4, 1974, by initiative Prop. 9.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 7 - Conflicts of Interest › ARTICLE 2 - Disclosure › Section 87201.

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 filing date of a declaration of candidacy, a statement disclosing the candidate’s investments, the candidate’s interests in real property, and any income received during the immediately preceding 12 months.
This statement shall not be required if the candidate has filed, within 60 days prior to the filing of the candidate’s declaration of candidacy, a statement for the same jurisdiction pursuant to Section 87202 or 87203.
(Amended by Stats. 2021, Ch. 50, Sec. 198. (AB 378) Effective January 1, 2022. Note: This section was added on June 4, 1974, by initiative Prop. 9.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 7 - Conflicts of Interest › ARTICLE 2 - Disclosure › Section 87202.

87202. (a) Every person who is elected to an office specified in Section 87200 shall, within 30 days after assuming the office, file a statement disclosing the person’s investments and the person’s interests in real property held on the date of assuming office, and income received during the 12 months before assuming office. Every person who is appointed or nominated to an office specified in Section 87200 shall file such a statement not more than 30 days after assuming office, provided, however, that a person appointed or nominated to such an office who is subject to confirmation by the Commission on Judicial Appointments or the State Senate shall file such a statement no more than 10 days after the appointment or nomination.
The statement shall not be required if the person has filed, within 60 days prior to assuming office, a statement for the same jurisdiction pursuant to Section 87203.
(b) Every elected state officer who assumes office during the month of December or January shall file a statement pursuant to Section 87203 instead of this section, except that:
(1) The period covered for reporting investments and interests in real property shall begin on the date the person filed the person’s declarations of candidacy.
(2) The period covered for reporting income shall begin 12 months prior to the date the person assumed office.
(Amended by Stats. 2021, Ch. 50, Sec. 199. (AB 378) Effective January 1, 2022. Note: This section was added on June 4, 1974, by initiative Prop. 9.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 7 - Conflicts of Interest › ARTICLE 2 - Disclosure › Section 87203.

87203. Every person who holds an office specified in Section 87200 shall, each year at a time specified by commission regulations, file a statement disclosing the person’s investments, interests in real property, and income during the period since the previous statement filed under this section or Section 87202. The statement shall include any investments and interest in real property held at any time during the period covered by the statement, whether or not they are still held at the time of filing.
(Amended by Stats. 2021, Ch. 50, Sec. 200. (AB 378) Effective January 1, 2022. Note: This section was added on June 4, 1974, by initiative Prop. 9.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 7 - Conflicts of Interest › ARTICLE 2 - Disclosure › Section 87204.

87204. Every person who leaves an office specified in Section 87200 shall, within thirty days after leaving the office, file a statement disclosing the person’s investments, interests in real property, and income during the period since the previous statement filed under Sections 87202 or 87203. The statement shall include any investments and interests in real property held at any time during the period covered by the statement, whether or not they are still held at the time of filing.
(Amended by Stats. 2021, Ch. 50, Sec. 201. (AB 378) Effective January 1, 2022.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 7 - Conflicts of Interest › ARTICLE 2 - Disclosure › Section 87205.

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 jurisdiction is deemed not to assume office or leave office.
(Amended by Stats. 2005, Ch. 200, Sec. 6. Effective January 1, 2006. Note: This section was added on June 4, 1974, by initiative Prop. 9.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 7 - Conflicts of Interest › ARTICLE 2 - Disclosure › Section 87206.

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 the investment or interest.
(b) The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged.
(c) The address or other precise location of the real property.
(d) A statement whether the fair market value of the investment or interest in real property equals or exceeds two thousand dollars ($2,000) but does not exceed ten thousand dollars ($10,000), whether it exceeds ten thousand dollars ($10,000) but does not exceed one hundred thousand dollars ($100,000), whether it exceeds one hundred thousand dollars ($100,000) but does not exceed one million dollars ($1,000,000), or whether it exceeds one million dollars ($1,000,000).
(e) In the case of a statement filed under Sections 87203 or 87204, if the investment or interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the date of acquisition or disposal.
(f) For purposes of disclosure under this article, “interest in real property” does not include the principal residence of the filer or any other property which the filer utilizes exclusively as the personal residence of the filer.
(Amended by Stats. 2000, Ch. 130, Sec. 8. Effective January 1, 2001. Note: This section was added on June 4, 1974, by initiative Prop. 9.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 7 - Conflicts of Interest › ARTICLE 2 - Disclosure › Section 87206.5.

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 the number of years remaining on the lease.
(c) Provide the leased property’s address or other precise location.
(d) Provide the exact date the lease became effective or terminated if the lease became effective or terminated during the period covered by the statement.
(e) Disclose the value of the leasehold interest as specified in subdivision (d) of Section 87206.
(Added by Stats. 2019, Ch. 312, Sec. 19. (AB 902) Effective January 1, 2020.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 7 - Conflicts of Interest › ARTICLE 2 - Disclosure › Section 87207.

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 address of each source of income aggregating five hundred dollars ($500) or more in value, or fifty dollars ($50) or more in value if the income was a gift, and a general description of the business activity, if any, of each source.
(2) A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was at least five hundred dollars ($500) but did not exceed one thousand dollars ($1,000), whether it was in excess of one thousand dollars ($1,000) but was not greater than ten thousand dollars ($10,000), whether it was greater than ten thousand dollars ($10,000) but not greater than one hundred thousand dollars ($100,000), or whether it was greater than one hundred thousand dollars ($100,000).
(3) A description of the consideration, if any, for which the income was received.
(4) In the case of a gift, the amount and the date on which the gift was received, and the travel destination for purposes of a gift that is a travel payment, advance, or reimbursement.
(5) In the case of a loan, the annual interest rate, the security, if any, given for the loan, and the term of the loan.
(b) If the filer’s pro rata share of income to a business entity, including income to a sole proprietorship, is required to be reported under this article, the statement shall contain:
(1) The name, street address, and a general description of the business activity of the business entity.
(2) The name of every person from whom the business entity received payments if the filer’s pro rata share of gross receipts from that person was equal to or greater than ten thousand dollars ($10,000) during a calendar year.
(c) If a payment, including an advance or reimbursement, for travel is required to be reported pursuant to this section, it may be reported on a separate travel reimbursement schedule which shall be included in the filer’s statement of economic interests. A filer who chooses not to use the travel schedule shall disclose payments for travel as a gift, unless it is clear from all surrounding circumstances that the services provided were equal to or greater in value than the payments for the travel, in which case the travel may be reported as income.
(Amended by Stats. 2019, Ch. 102, Sec. 4. (AB 903) Effective January 1, 2020. Note: This section was added on June 4, 1974, by initiative Prop. 9.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 7 - Conflicts of Interest › ARTICLE 2 - Disclosure › Section 87208.

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 in the same jurisdiction within the previous 60 days may be incorporated by reference.
(Added by Stats. 1976, Ch. 1161.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 7 - Conflicts of Interest › ARTICLE 2 - Disclosure › Section 87209.

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. For purposes of this section, “business position” means any business entity in which the filer is a director, officer, partner, trustee, employee, or holds any position of management, if the business entity or any parent, subsidiary, or otherwise related business entity has an interest in real property in the jurisdiction, or does business or plans to do business in the jurisdiction or has done business in the jurisdiction at any time during the two years prior to the date the statement is required to be filed.
(Added by Stats. 1997, Ch. 455, Sec. 3. Effective September 24, 1997.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 7 - Conflicts of Interest › ARTICLE 2 - Disclosure › Section 87210.

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 as the intermediary or agent of another, without disclosing to the recipient of the gift both the intermediary or agent’s own full name, street address, and business activity, if any, and the full name, street address, and business activity, if any, of the actual donor. The recipient of the gift shall include in the recipient’s Statement of Economic Interests the full name, street address, and business activity, if any, of the intermediary or agent and the actual donor.
(Amended by Stats. 2021, Ch. 50, Sec. 202. (AB 378) Effective January 1, 2022.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 7 - Conflicts of Interest › ARTICLE 3 - Conflict of Interest Codes › Section 87300.

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 force of law and any violation of a Conflict of Interest Code by a designated employee shall be deemed a violation of this chapter.
(Added June 4, 1974, by initiative Proposition 9.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 7 - Conflicts of Interest › ARTICLE 3 - Conflict of Interest Codes › Section 87301.

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 intra-departmental review. Any question of the level of a department which should be deemed an “agency” for purposes of Section 87300 shall be resolved by the code reviewing body.
(Added June 4, 1974, by initiative Proposition 9.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 7 - Conflicts of Interest › ARTICLE 3 - Conflict of Interest Codes › Section 87302.3.

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, business positions, interests in real property, and income received during the immediately preceding 12 months, as enumerated in the disclosure requirements for that position. The statement shall be filed with the election official with whom the candidate’s declaration of candidacy or other nomination documents to appear on the ballot are required to be filed and shall be filed no later than the final filing date for the declaration or nomination documents.
(b) This section does not apply to either of the following:
(1) A candidate for an elective office designated in a conflict of interest code who has filed an initial, assuming office, or annual statement pursuant to that conflict of interest code within 60 days before the deadline specified in subdivision (a).
(2) A candidate for an elective office who has filed a statement for the office pursuant to Section 87302.6 within 60 days before the deadline specified in subdivision (a).
(Amended by Stats. 2021, Ch. 50, Sec. 204. (AB 378) Effective January 1, 2022.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 7 - Conflicts of Interest › ARTICLE 3 - Conflict of Interest Codes › Section 87302.6.

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 those individuals required to file pursuant to Section 87200. A member shall file the member’s statement pursuant to Section 87302 once the agency adopts an approved conflict of interest code.
(Amended by Stats. 2021, Ch. 50, Sec. 205. (AB 378) Effective January 1, 2022.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 7 - Conflicts of Interest › ARTICLE 3 - Conflict of Interest Codes › Section 87303.

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 code to the code reviewing body by the deadline established for the agency by the code reviewing body. The deadline for a new agency shall be not later than six months after it comes into existence. Within 90 days after receiving the proposed code or receiving any proposed amendments or revisions, the code reviewing body shall do one of the following:
(a) Approve the proposed code as submitted.
(b) Revise the proposed code and approve it as revised.
(c) Return the proposed code to the agency for revision and resubmission within 60 days. The code reviewing body shall either approve the revised code or revise it and approve it. When a proposed conflict of interest code or amendment is approved by the code reviewing body, it shall be deemed adopted and shall be promulgated by the agency.
(Amended by Stats. 1997, Ch. 455, Sec. 4. Effective September 24, 1997. Note: This section was added on June 4, 1974, by initiative Prop. 9.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 7 - Conflicts of Interest › ARTICLE 3 - Conflict of Interest Codes › Section 87304.

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) of Section 87306 within the time limits prescribed pursuant to Section 87303 or 87306, the code reviewing body may issue any appropriate order directed to the agency or take any other appropriate action, including the adoption of a conflict of interest code for the agency. If the code reviewing body does not issue an appropriate order or take other action within 90 days of the deadline imposed on the agency as prescribed in Section 87303 or 87306, the commission may issue any appropriate order directed to the agency or take any other appropriate action, including the adoption of a conflict of interest code for the agency. The commission shall consult with the agency before ordering the adoption of a conflict of interest code for the agency.
(Amended by Stats. 1991, Ch. 491, Sec. 4. Note: This section was added on June 4, 1974, by initiative Prop. 9.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 7 - Conflicts of Interest › ARTICLE 3 - Conflict of Interest Codes › Section 87305.

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 been adopted and promulgated, the superior court may, in an action filed by the commission, the agency, the code reviewing body, any officer, employee, member or consultant of the agency, or any resident of the jurisdiction, prepare a Conflict of Interest Code and order its adoption by the agency or grant any other appropriate relief. The agency and the code reviewing body shall be parties to any action filed pursuant to this section.
(Amended by Stats. 1980, Ch. 765. Note: This section was added on June 4, 1974, by initiative Prop. 9.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 7 - Conflicts of Interest › ARTICLE 3 - Conflict of Interest Codes › Section 87306.

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, including the creation of new positions which must be designated pursuant to subdivision (a) of Section 87302 and relevant changes in the duties assigned to existing positions. Amendments or revisions shall be submitted to the code reviewing body within 90 days after the changed circumstances necessitating the amendments have become apparent. If after nine months following the occurrence of those changes the Conflict of Interest Code has not been amended or revised, the superior court may issue any appropriate order in an action brought under the procedures set forth in Section 87305.
(b) Notwithstanding subdivision (a), every state agency shall submit to the code reviewing body a biennial report identifying changes in its code, including, but not limited to, all new positions designated pursuant to subdivision (a) of Section 87302, changes in the list of reportable sources of income, and relevant changes in the duties assigned to existing positions. These reports shall be submitted no later than March 1 of each odd-numbered year.
(Amended by Stats. 1991, Ch. 491, Sec. 5. Note: This section was added on June 4, 1974, by initiative Prop. 9.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 7 - Conflicts of Interest › ARTICLE 3 - Conflict of Interest Codes › Section 87306.5.

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 accordance with this title to review its Conflict of Interest Code and, if a change in its code is necessitated by changed circumstances, submit an amended Conflict of Interest Code in accordance with subdivision (a) of Section 87302 and Section 87303 to the code reviewing body.
(b) Upon review of its code, if no change in the code is required, the local agency head shall submit a written statement to that effect to the code reviewing body no later than October 1 of the same year.
(Added by Stats. 1990, Ch. 1075, Sec. 5.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 7 - Conflicts of Interest › ARTICLE 3 - Conflict of Interest Codes › Section 87307.

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 petition submitted by an officer, employee, member or consultant of the agency, or a resident of the jurisdiction. If the agency fails to act upon such a petition within ninety days, the petition shall be deemed denied. Within thirty days after the denial of a petition, the petitioner may appeal to the code reviewing body. The code reviewing body shall either dismiss the appeal or issue an appropriate order to the agency within ninety days.
(Added June 4, 1974, by initiative Proposition 9.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 7 - Conflicts of Interest › ARTICLE 3 - Conflict of Interest Codes › Section 87308.

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 consultant of the agency, or by a resident of the jurisdiction.
(Amended by Stats. 1980, Ch. 765. Note: This section was added on June 4, 1974, by initiative Prop. 9.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 7 - Conflicts of Interest › ARTICLE 3 - Conflict of Interest Codes › Section 87309.

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 that all foreseeable potential conflict of interest situations will be disclosed or prevented;
(b) Fails to provide to each affected person a clear and specific statement of that person’s duties under the code; or
(c) Fails to adequately differentiate between designated employees with different powers and responsibilities.
(Amended by Stats. 2021, Ch. 50, Sec. 206. (AB 378) Effective January 1, 2022.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 7 - Conflicts of Interest › ARTICLE 3 - Conflict of Interest Codes › Section 87310.

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 Code shall require the designated employee to comply with the requirements of Article 2 of this chapter.
(Added June 4, 1974, by initiative Proposition 9.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 7 - Conflicts of Interest › ARTICLE 3 - Conflict of Interest Codes › Section 87311.

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 state agencies shall be subject to the Administrative Procedure Act. The review and preparation of Conflict of Interest Codes by local government agencies shall be carried out under procedures which guarantee to officers, employees, members, and consultants of the agency and to residents of the jurisdiction adequate notice and a fair opportunity to present their views.
(Added June 4, 1974, by initiative Proposition 9.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 7 - Conflicts of Interest › ARTICLE 3 - Conflict of Interest Codes › Section 87311.5.

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 subject to the provisions of the Administrative Procedure Act. The review and preparation of Conflict of Interest Codes by these agencies shall be carried out under procedures which guarantee to officers, employees, members, and consultants of the agency and to residents of the jurisdiction adequate notice and a fair opportunity to present their views.
(b) Conflict of Interest Codes of the Judicial Council, the Commission on Judicial Performance, and the Board of Governors and designated employees of the State Bar of California shall not be subject to the provisions of subdivision (c) of Section 87302.
(Added by Stats. 1984, Ch. 727, Sec. 8. Operative July 1, 1985, by Sec. 12 of Ch. 727.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 7 - Conflicts of Interest › ARTICLE 3 - Conflict of Interest Codes › Section 87312.

87312. The Commission shall, upon request, provide technical assistance to agencies in the preparation of Conflict of Interest Codes. Such assistance may include the preparation of model provisions for various types of agencies. Nothing in this section shall relieve each agency of the responsibility for adopting a Conflict of Interest Code appropriate to its individual circumstances.
(Added June 4, 1974, by initiative Proposition 9.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 7 - Conflicts of Interest › ARTICLE 3 - Conflict of Interest Codes › Section 87313.

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 to a person whom the intermediary or agent knows or has reason to know may be required to disclose the gift pursuant to a conflict of interest code, without disclosing to the recipient of the gift both the intermediary or agent’s own full name, street address, and business activity, if any, and the full name, street address, and business activity, if any, of the actual donor. The recipient of the gift shall include in the recipient’s Statement of Economic Interests the full name, street address, and business activity, if any, of the intermediary or agent and the actual donor.
(Amended by Stats. 2021, Ch. 50, Sec. 207. (AB 378) Effective January 1, 2022.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 7 - Conflicts of Interest › ARTICLE 3 - Conflict of Interest Codes › Section 87314.

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 Positions that Manage Public Investments for Purposes of Section 87200 of the Government Code.” The appendix shall list each position with the board, commission, or agency for which an individual occupying the position is required to file a Statement of Economic Interests as a public official who manages public investments within the meaning of Section 87200. The board, commission, or agency shall post the appendix on its Internet Web site in a manner that makes it easily identifiable and accessible by persons who view that Web site.
(b) (1) For purposes of this section, “public official who manages public investments” includes a salaried or unsalaried member of a committee, board, commission, or other entity that exists as, or within, a governmental agency and that possesses decisionmaking authority.
(2) A committee, board, commission, or other entity possesses decisionmaking authority for purposes of this section if any of the following apply:
(A) The entity may make a final governmental decision.
(B) The entity may compel a governmental decision or prevent a governmental decision, either by virtue of possessing exclusive power to initiate the decision or by having veto authority that may not be overridden.
(C) The entity makes substantive recommendations that are, and over an extended period of time have been, regularly approved, without significant amendment or modification, by another public official or governmental agency.
(3) A committee, board, commission, or other entity does not possess decisionmaking authority for purposes of this section if it is formed for the sole purpose of researching a subject and preparing a report or recommendation for submission to another governmental entity that has final decisionmaking authority.
(Added by Stats. 2010, Ch. 702, Sec. 1. (SB 1271) Effective January 1, 2011.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 7 - Conflicts of Interest › ARTICLE 3.5 - Multiagency Filers › Section 87350.

87350. Notwithstanding any other provision of this title, a person required to file more than one assuming office statement, statement of economic interests, or leaving office statement, due to the filer’s status as a designated employee for more than one joint powers insurance agency, may elect to file a multiagency statement disclosing all investments in entities doing business in the state, all interests in real property located within the state, and all income received during the applicable time period, in lieu of filing the disclosure statements for each agency.
The filer shall notify the commission of the filer’s decision to become a multiagency filer. This status shall continue until revoked by the filer.
(Amended by Stats. 2021, Ch. 50, Sec. 208. (AB 378) Effective January 1, 2022.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 7 - Conflicts of Interest › ARTICLE 4 - Disqualification of Former Officers and Employees › Section 87400.

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.
(a) “State administrative agency” means every state office, department, division, bureau, board, and commission, but does not include the Legislature, the courts, or any agency in the judicial branch of government.
(b) “State administrative official” means every member, officer, employee, or consultant of a state administrative agency who as part of that person’s official responsibilities engages in any judicial, quasi-judicial, or other proceeding in other than a purely clerical, secretarial, or ministerial capacity.
(c) “Judicial, quasi-judicial, or other proceeding” means any proceeding, application, request for a ruling or other determination, contract, claim, controversy, investigation, charge, accusation, arrest, or other particular matter involving a specific party or parties in any court or state administrative agency, including, but not limited to, any proceeding governed by Chapter 5 (commencing with Section 11500) of Division 3 of Title 2 of the Government Code.
(d) “Participated” means to have taken part personally and substantially through decision, approval, disapproval, formal written recommendation, rendering advice on a substantial basis, investigation, or use of confidential information as an officer or employee, but excluding approval, disapproval, or rendering of legal advisory opinions to departmental or agency staff which do not involve a specific party or parties.
(Amended by Stats. 2021, Ch. 50, Sec. 209. (AB 378) Effective January 1, 2022.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 7 - Conflicts of Interest › ARTICLE 4 - Disqualification of Former Officers and Employees › Section 87401.

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 attorney for, or otherwise represent, any other person (other than the State of California) before any court or state administrative agency or any officer or employee thereof by making any formal or informal appearance, or by making any oral or written communication with the intent to influence, in connection with any judicial, quasi-judicial, or other proceeding if both of the following apply:
(a) The State of California is a party or has a direct and substantial interest.
(b) The proceeding is one in which the former state administrative official participated.
(Amended by Stats. 2021, Ch. 50, Sec. 210. (AB 378) Effective January 1, 2022.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 7 - Conflicts of Interest › ARTICLE 4 - Disqualification of Former Officers and Employees › Section 87402.

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, consult, or assist in representing any other person (except the State of California) in any proceeding in which the official would be prohibited from appearing under Section 87401.
(Amended by Stats. 2021, Ch. 50, Sec. 211. (AB 378) Effective January 1, 2022.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 7 - Conflicts of Interest › ARTICLE 4 - Disqualification of Former Officers and Employees › Section 87403.

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 statement, which is based on the former state administrative official’s own special knowledge in the particular area that is the subject of the statement, provided that no compensation is thereby received other than that regularly provided for by law or regulation for witnesses; or
(b) To communications made solely for the purpose of furnishing information by a former state administrative official if the court or state administrative agency to which the communication is directed makes findings in writing that:
(1) The former state administrative official has outstanding and otherwise unavailable qualifications;
(2) The former state administrative official is acting with respect to a particular matter which requires such qualifications; and
(3) The public interest would be served by the participation of the former state administrative official; or
(c) With respect to appearances or communications in a proceeding in which a court or state administrative agency has issued a final order, decree, decision or judgment but has retained jurisdiction if the state administrative agency of former employment gives its consent by determining that:
(1) At least five years have elapsed since the termination of the former state administrative official’s employment or term of office; and
(2) The public interest would not be harmed.
(Added by Stats. 1980, Ch. 66.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 7 - Conflicts of Interest › ARTICLE 4 - Disqualification of Former Officers and Employees › Section 87404.

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 pursuant to Section 11512 of the Government Code, in any judicial, quasi-judicial or other proceeding, including but not limited to any proceeding pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code may, after notice and an opportunity for a hearing, exclude any person found to be in violation of this article from further participation, or from assisting or counseling any other participant, in the proceeding then pending before such court or presiding or other officer.
(Added by Stats. 1980, Ch. 66.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 7 - Conflicts of Interest › ARTICLE 4 - Disqualification of Former Officers and Employees › Section 87405.

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 such person who returns to government service on or after the effective date of this article shall thereafter be covered thereby.
(Added by Stats. 1980, Ch. 66.)
2023 California Code › Government Code - GOV › TITLE 9 - POLITICAL REFORM › CHAPTER 7 - Conflicts of Interest › ARTICLE 4 - Disqualification of Former Officers and Employees › Section 87406.1.

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 governing body of an air pollution control district or an air quality management district.
(b) No former member of a district board, and no former officer or employee of a district who held a position which entailed the making, or participation in the making, of decisions which may foreseeably have a material effect on any financial interest, shall, for a period of one year after leaving that office or employment, act as agent or attorney for, or otherwise represent, for compensation, any other person, by making any formal or informal appearance before, or by making any oral or written communication to, that district board, or any committee, subcommittee, or present member of that district board, or any officer or employee of the district, if the appearance or communication is made for the purpose of influencing regulatory action.
(c) Subdivision (b) shall not apply to any individual who is, at the time of the appearance or communication, a board member, officer, or employee of another district or an employee or representative of a public agency.
(d) This section applies to members and former members of district hearing boards.
(Added by Stats. 1994, Ch. 747, Sec. 1. Effective January 1, 1995.)