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26 <br /> <br />CHAPTER 4 – CONFLICTS, LIABILITY AND DECORUM <br /> <br />CONFLICT OF INTEREST <br />State laws attempt to eliminate any action by Councilmembers which may be a conflict of interest. The <br />purpose of such laws is to ensure that all actions are taken in the public interest. Newly elected officials <br />are required to file a Statement of Economic Interest (Form 700) within 30 days of being sworn into <br />office. After that, elected officials are required to file the Form 700 annually. The Clerk’s office will <br />notify you of your filing requirements. <br /> <br />If a Councilmember believes a potential for conflict of interest exists, he or she is encouraged to <br />consult with the City Attorney for legal advice. Staff may also request an opinion from the City <br />Attorney regarding a member’s potential conflict, if necessary. Conflict of interest laws can be <br />complicated, and violations may result in significant penalties so please be sure to consult with the City <br />Attorney or private counsel if there is ever a question of potential conflict. <br /> <br />Councilmembers who serve on various joint power agencies, county committees, regional boards and <br />standing committees should verify with each of those agencies to determine their filing requirements. <br /> <br />POLITICAL REFORM ACT <br />The Political Reform Act prohibits public officials from making, participating in, or attempting to use <br />their official position to influence a governmental decision in which they know, or have reason to <br />know, that they have a financial interest. If a public official has a conflict of interest, the official must <br />disqualify him or herself from acting on or participating in the decision. Government Code § 87105 <br />states that a Council or committee member who has a conflict of interest must recuse him or herself <br />and leave the room unless the matter is on the Consent Calendar. A councilmember must take the <br />following steps after it is determined that a conflict of interest exists under the Political Reform Act: <br /> <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 />1. If the matter is on the consent calendar, you do not have to leave the room. <br />2. If you wish to speak during public comment, you may do so as a private citizen, but this is the only <br />time you may be in the room while the matter is considered. <br /> <br />The Fair Political Practices Commission (FPPC) has many useful regulations and opinions on conflicts of <br />interests that are useful in determining whether a particular financial interest or decision could give <br />rise to disqualification based on a potential conflict of interest. Visit the FPPC website at fppc.com for <br />additional information. <br /> <br />EX-PARTE COMMUNICATIONS <br />Ex-parte communications are communications with applicants, representatives, agents, or attorneys DRAFT