California Code of Regulations › Title 2 - Administration › Division 6 - Fair Political Practices Commission › Chapter 7 - Conflicts of Interest › Article 3 - Conflict of Interest Codes › Section 18754 - Statements of Economic Interests (Members of Newly Created Boards or Commissions); when and Where to File

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Board or Commission of Newly Created
				  Agency:
(1) Pursuant to Section
				  87302.6, an individual who is a
				  member of a governing board or commission of a newly created agency shall
				  disclose economic interests pursuant to Sections
				  87202 through
				  87210. This requirement applies
				  until such time as the member's position is included in an approved conflict of
				  interest code in effect for the governing board or commission.
(2) A member of a governing board or
				  commission of a newly created agency is not subject to this regulation if any
				  of the following applies:
(A) The member also
				  holds a position specified in Section
				  87200 and the geographical
				  jurisdiction of the newly created agency is the same as or is wholly included
				  within the jurisdiction in which the member must report economic interests
				  pursuant to Sections
				  87200 et seq.
(B) The member is also designated in a
				  conflict of interest code for another agency and all of the following apply:
(i) The geographical jurisdiction of the
				  newly created agency is the same as or is wholly included within the
				  jurisdiction of the other agency.
(ii) The disclosure assigned to the member in
				  the code of the other agency is the same as that required under Section
				  87200 et seq.
(iii) The filing officer is the same for both
				  agencies.
(C) The newly
				  created agency was formed as a result of the merger of two or more agencies and
				  all of the following apply:
(i) The member
				  served on the governing board or commission of an agency abolished in the
				  merger in substantially the same capacity as the member will serve on the
				  governing board or commission of the newly created agency.
(ii) The geographical jurisdiction of the
				  newly created agency is the same as the jurisdiction of the abolished
				  agency.
(iii) The member was
				  previously subject to the same disclosure as required for persons listed in
				  Section 87200.
(D) The board or commission does not "possess
				  decisionmaking authority" as defined in Regulation
				  18700(c)(2)(A).
(3) When
				  to file:
(A) Assuming Office Statement of
				  Economic Interests:
(i) Every member of a
				  governing board or commission of a newly created agency shall file an assuming
				  office statement within 30 days of assuming office pursuant to Section
				  87202.
(ii) Notwithstanding subdivision
				  (a)(3)(A)(i), a member of a governing board or commission of a newly created
				  agency shall file an assuming office statement not more than 10 days after
				  being nominated or appointed to that board or commission as required by Section
				  87202(a) if the
				  member's nomination or appointment is subject to confirmation by the Commission
				  on Judicial Appointments or the State Senate.
(B) Annual Statement of Economic Interests:
(i) Every member of a governing board or
				  commission of a newly created agency shall, no later than April 1 of each year,
				  file an annual statement.
(ii)
				  Every person who assumes office as a member of a governing board or commission
				  of a newly created agency between October 1 and December 31 and files an
				  assuming office statement pursuant to this regulation need not file an annual
				  statement until one year later than the date applicable under subdivision
				  (a)(3)(B)(i).
(C) Leaving
				  Office Statement of Economic Interests:
Every person who ceases to be a member of a governing board
					 or commission of a newly created agency shall file a leaving office statement
					 within 30 days after leaving office pursuant to Section
					 87204 or Section
					 87302, as
					 applicable.
(4)
				  Where to file: Pursuant to Section
				  87500(o) and
				  Regulation 18730(b)(4), members of governing boards or commissions of newly
				  created agencies shall file the statements required under this regulation with
				  their newly created agency or with the agency's code reviewing body, as
				  provided by that code reviewing body.
(5) Effect Upon Initial Statement Required
				  Under Section
				  87302(b): An
				  assuming office statement or annual statement filed under this section by a
				  member of a governing board or commission of a newly created agency is deemed
				  to satisfy the requirement of Section
				  87302(b) that an
				  initial statement be filed by that member within 30 days after the effective
				  date of the new conflict of interest code applicable to that
				  member.