Current through Register 2024 Notice Reg. No. 12, March 22, 2024
(a) Knowledge of a Financial Interest. An
officer knows or has reason to know that a participant has a financial interest
in a decision only if the officer has actual knowledge of the financial
interest, or the participant reveals facts in written or oral statements during
the proceeding before the officer that make the person's financial interest
apparent.
(1) In determining whether facts
revealed by a participant in written or oral statements before the officer have
made the participant's financial interest apparent, all relevant facts known by
the official at the time of the decision must be considered including, but not
limited to, the specificity with which the participant has described their
economic interests, the potential for a material financial effect on those
interests as a result of the decision, and the likelihood of such a financial
effect.
(2) Notwithstanding
subdivision (a)(1), an official aware of any of the following facts has reason
to know of a participant's potential financial interest, and may not take part
in the proceeding if the participant and the participant's agent have
contributed more than two hundred fifty dollars ($250) to the official within
the preceding 12 months:
(A) The participant
has an interest in property located within 500 feet of the real property at
issue in the proceeding;
(B) The
participant has an economic interest in a business entity that may see a
significant increase or decrease in customers as a result of the proceeding;
or
(C) The participant has a
business relationship with the applicant that may result in additional services
provided to the applicant.
(3) An officer with reason to know of a
participant's financial interest as specified in subdivision (a)(2) may take
part in the proceeding if clear and convincing evidence known by the officer
establishes it is not reasonably foreseeable the decision will have material
financial effect on the participant's interests.
(4) An officer does not know or have reason
to know of a participant's financial interest in a decision solely as a result
of the participant identifying an economic interest located in the general
vicinity of a business entity or real property at issue in the
proceeding.
(b) Willful
or Knowing Receipt of a Contribution. For purposes of Section
84308(c), an
officer may not make, participate in making, or in any way attempt to use the
officer's official position to influence the decision if the officer willfully
or knowingly received a contribution from a party, or participant with a
financial interest, in the proceeding.
(1) An
officer willfully or knowingly received a contribution if:
(A) The officer has actual knowledge of the
contribution;
(B) The contribution
has been disclosed by the party pursuant to Section
84308(e) and
Regulation 18438.8; or
(C) The
officer is aware of facts establishing other reasons to know of the
contribution including, but not limited to:
(i) The party, participant, or another person
has otherwise informed the officer that a contribution or contributions have
been made to the officer;
(ii) The
party or participant has previously made two or more contributions of more than
$250 to the officer;
(iii) The
officer personally solicited the party or participant for a contribution;
or
(iv) The officer personally
accepted a contribution from the party or participant.
[Option1] (2) An officer, without actual knowledge of a
contribution from a party or participant with a financial interest, does not
have reason to know of the contribution based solely on the fact that the
contribution was previously reported under the Act's reporting
provisions.
[Option 2] An officer has reason to know of a contribution
previously reported under the Act's reporting provisions by a party in a
proceeding noticed on an agenda for a public meeting before the body or board
or, for officers not on a body or board, where the proceeding is otherwise
before the officer in the officer's decisionmaking
capacity.
(3) As used above, the phrase "make,
participate in making, or in any way attempt to use the officer's official
position to influence the decision" has the same meaning as specified in
Regulation 18704.
(c)
Return of Contribution. For purposes of Section
84308(d)(1), an
officer can return a contribution if:
(1) The
contribution was received from a party prior to the officer knowing or having
reason to know that a proceeding involving the party had commenced. For
purposes of this provision, an officer serving on a governing body or board
knows or has reason to know a proceeding involving the party has commenced if
the proceeding has been noticed on the agenda for a public meeting of the body
or board; or
(2) The contribution
was received from a participant prior to the officer knowing or having reason
to know that the participant had a financial interest in the
proceeding.
(d) Taking
Part in Proceeding prior to Return of Contribution. An officer serving on a
governing body or board, otherwise disqualified under Section
84308 from taking part in a
proceeding, may take part in the proceeding prior to returning the contribution
if all of the following criteria are met:
(1)
The decision is made at a public meeting of the governing body or
board;
(2) The officer has known or
should have known about the contribution and proceeding for fewer than 30
days;
(3) After learning of the
contribution or proceeding and prior to taking part in any further discussion
or decision, the officer discloses the fact of the disqualifying contribution
on the record of the proceeding, as required by Section
84308(c), and
confirms that the return will occur within 30 days from the time the officer
knew, or should have known, about the contribution and proceeding;
and
(4) The contribution is
returned within that timeframe.
1. New section
filed 1-26-83; effective thirtieth day thereafter (Register 83, No.
5).
2. Amendment filed 2-22-85; effective thirtieth day thereafter
(Register 85, No. 8).
3. Amendment of subsection (a)(2) filed
5-12-2021; operative 6-11-2021 pursuant to Cal. Code Regs., tit. 2, section
18312(e).
Submitted to OAL for filing pursuant to Fair Political Practices Commission v.
Office of Administrative Law, 3 Civil C010924, California Court of Appeal,
Third Appellate District, nonpublished decision, April 27, 1992 (FPPC
regulations only subject to 1974 Administrative Procedure Act rulemaking
requirements and not subject to procedural or substantive review by OAL)
(Register 2021, No. 20).
4. Repealer and new section filed
7-13-2023; operative 8-12-2023 pursuant to Cal. Code Regs., tit. 2, section
18312(e).
Submitted to OAL for filing and printing pursuant to Fair Political Practices
Commission v. Office of Administrative Law, 3 Civil C010924, California Court
of Appeal, Third Appellate District, nonpublished decision, April 27, 1992
(FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking
requirements and not subject to procedural or substantive review by OAL)
(Register 2023, No. 28).
5. Editorial correction replacing
incorrectly filed text of subsection (b)(2) (Register 2023, No.
34).
Note: Authority cited: Section
83112,
Government Code. Reference: Section
84308,
Government Code.
