California Code of Regulations
Title 2 - Administration
Division 6 - Fair Political Practices Commission
Chapter 7 - Conflicts of Interest
Article 2 - Disclosure
Section 18736.1 - Contents of Multi-County Local Agency Written Statements

Universal Citation: 2 CA Code of Regs 18736.1

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) Every local government agency with jurisdiction in more than one county shall review its conflict of interest code and, no later than October 1 of each even-numbered year, submit to the Fair Political Practices Commission a written statement which shall state either:

(1) That the agency has reviewed its conflict of interest code; that the code accurately designates all positions which make or participate in the making of governmental decisions; that the disclosure categories accurately assigned those positions requires the disclosure of all investments, business positions, interests in real property, and sources of income which may foreseeably be affected materially by the decisions made by those designated positions; and that the code includes the provisions required by Government Code Section 87302; or

(2) That the agency has reviewed its conflict of interest code, and has determined that amendment is necessary to designate all positions which make or participate in the making of governmental decisions, or to update the disclosure categories assigned to require the disclosure of all investments, business positions, interests in real property and sources of income which may foreseeably be affected materially by the designated positions, or to include other provisions required by Government Code Section 87302.

(b) Changed circumstances which require an amendment of a code include, but are not limited to:

(1) The creation of positions which involve the making, or participation in the making, of decisions which may foreseeably have a material effect on any financial interest;

(2) The reclassification, renaming, or deletion of previously designated positions;

(3) The addition, deletion, or modification of statutorily required provisions of a code;

(4) The addition, deletion, or modification of the specific types of investments, business positions, interests in real property, and sources of income which are reportable.

(c) This statement shall be signed by the chief executive officer of the agency, or the chief executive officer's designee, and may be made on a form supplied by the Commission.

(d) When an agency submits a report pursuant to subdivision (a)(2) stating that amendment to its conflict of interest code is necessary, the agency shall submit the amendment to the Commission within 90 days of the date of the report.

1. New section filed 2-25-92; operative 3-26-92 (Register 92, No. 13).
2. Amendment of subsection (c) 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).

Note: Authority cited: Section 83112, Government Code. Reference: Section 87306.5, Government Code.

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