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San Leandro Council Member Handbook | 20212022 <br />22 | Page <br /> <br /> <br /> <br />SECTION IV CONFLICTS, LIABILITY & DECORUM <br />If a councilmember believes a potential for conflict of <br />interest exists, he or she is encouraged to consult with the City Attorney for legal advice. Staff <br />may also request an opinion from the City Attorney regarding a member’s potential conflict if <br />necessary. Conflict of interest laws can be complicated, and violations may result in significant <br />penalties so please be sure to consult with the City Attorney or private counsel if there is ever a <br />question of potential conflict. <br />POLITICAL REFORM ACT <br />The Political Reform Act prohibits public officials from making, participating in, or attempting to <br />use their official position to influence a governmental decision in which they know, or have <br />reason to know, that they have a financial interest. If a public official has a conflict of interest, <br />the official must disqualify himself from acting on or participating in the decision before the City. <br />Government Code 87105 states that a Council or committee member who has a conflict of <br />interest must recuse him or herself and leave the room unless the matter is on the Consent <br />Calendar. A councilmember must take the following steps after it is determined that a conflict of <br />interest exists under the Political Reform Act: <br />1. Publicly identify the financial interest. <br />2. Recuse yourself from both the discussion and the vote on the matter. <br />3. Leave the room until the matter has been completed. <br />Exceptions: <br />A. If the matter is on the consent calendar, you do not have to leave the room. <br />B. If you wish to speak during public comment, you may do so as a private citizen, but <br />this is the only time you may be in the room while the matter is considered. <br /> <br />CONFLICT OF INTEREST <br />State laws attempt to eliminate any action by <br />councilmembers which may be a conflict of interest. The <br />purpose of such laws is to ensure that all actions are taken <br />in the public interest. Newly elected officials are required <br />to file a Statement of Economic Interest (Form 700) within <br />30 days of being sworn into office. After that, elected <br />officials are required to file the Form 700 annually. The <br />Clerk’s office will notify you of your filing requirements. <br />! Councilmembers who serve on various joint power <br />agencies, county committees, regional boards and <br />standing committees should verify with each of those <br />agencies to determine their filing requirements.