Section § 87100

Explanation

If you're a public official in California, you aren't allowed to participate in or try to influence any government decision if you know you have a financial interest in the outcome. This means you shouldn't be making decisions that could personally benefit you financially.

A public official at any level of state or local government shall not make, participate in making, or in any way attempt to use the public official’s official position to influence a governmental decision in which the official knows or has reason to know the official has a financial interest.

Section § 87100.1

Explanation

This California law section clarifies when a professional engineer or land surveyor, who works as a consultant for state or local governments, is considered to have a financial interest in a governmental decision. If the consultant works independently, without the public agency's control or decision-making authority, they do not have a financial interest. However, this exception doesn't apply if the consultant is involved in recommending the formula for spreading costs in an assessment district where they have previously earned $250 or more from related work on the district's parcels within a year prior to the district's creation. This exclusion only covers formula recommendations and doesn't extend to site studies, engineering plans, or data collection.

(a)CA Government Code § 87100.1(a) A registered professional engineer or licensed land surveyor who renders professional services as a consultant to a state or local government, either directly or through a firm in which the consultant is employed or is a principal, does not have a financial interest in a governmental decision pursuant to Section 87100 where the consultant renders professional engineering or land surveying services independently of the control and direction of the public agency and does not exercise public agency decisionmaking authority as a contract city or county engineer or surveyor.
(b)CA Government Code § 87100.1(b) For purposes of this section, the consultant renders professional engineering or land surveying services independently of the control and direction of the public agency when the consultant is in responsible charge of the work pursuant to Section 6703 or 8703 of the Business and Professions Code.
(c)CA Government Code § 87100.1(c) Subdivision (a) does not apply to that portion of the work that constitutes the recommendation of the actual formula to spread the costs of an assessment district’s improvements if both of the following apply:
(1)CA Government Code § 87100.1(c)(1) The engineer has received income of two hundred fifty dollars ($250) or more for professional services in connection with any parcel included in the benefit assessment district within 12 months prior to the creation of the district.
(2)CA Government Code § 87100.1(c)(2) The district includes other parcels in addition to those parcels for which the engineer received the income.
The recommendation of the actual formula does not include preliminary site studies, preliminary engineering, plans, specifications, estimates, compliance with environmental laws and regulations, or the collection of data and information, utilized in applying the formula.

Section § 87101

Explanation

This law states that a public official can be involved in making a government decision if their participation is legally necessary. However, just needing their vote to break a tie doesn't count as a legal necessity.

Section 87100 does not prevent any public official from making or participating in the making of a governmental decision to the extent the official’s participation is legally required for the action or decision to be made. The fact that an official’s vote is needed to break a tie does not make the official’s participation legally required for purposes of this section.

Section § 87102

Explanation

This law says that Section 87100's rules are extra on top of other specific rules for preventing conflicts of interest. They're meant to ensure elected state officials avoid conflicts when making decisions. However, certain remedies normally available under other parts of the law don’t apply to these officials if they violate this specific section, except for one exception noted elsewhere (Section 87102.5).

The requirements of Section 87100 are in addition to the requirements of Articles 2 (commencing with Section 87200) and 3 (commencing with Section 87300) and any Conflict of Interest Code adopted thereunder. Except as provided in Section 87102.5, the remedies provided in Chapters 3 (commencing with Section 83100) and 11 (commencing with Section 91000) shall not be applicable to elected state officers for violations or threatened violations of this article.

Section § 87102.5

Explanation

This law section restricts California legislators from using their position to influence government decisions if they have a financial interest. It outlines various scenarios where a conflict of interest may arise, such as involvement in state governmental decisions, legislative actions affecting contracts, and any votes or actions on 'nongeneral' legislation—that is, legislation not affecting the public broadly but impacting specific individuals or entities financially connected to the legislator.

The law details what constitutes a financial interest and nongeneral legislation, and defines actions before the Legislature. Additionally, it provides exceptions for certain types of votes, like the Budget Bill, and explains that legislators can rely on written advice from Legislative Counsel under certain conditions.

(a)CA Government Code § 87102.5(a) The remedies provided in Chapter 3 (commencing with Section 83100) apply to any Member of the Legislature who makes, participates in making, or in any way attempts to use the Member’s official position to influence any of the following governmental decisions in which the Member knows or has reason to know that the Member has a financial interest:
(1)CA Government Code § 87102.5(a)(1) Any state governmental decision, other than any action or decision before the Legislature, made in the course of the Member’s duties.
(2)CA Government Code § 87102.5(a)(2) Approval, modification, or cancellation of any contract to which either house or a committee of the Legislature is a party.
(3)CA Government Code § 87102.5(a)(3) Introduction as a lead author of any legislation that the Member knows or has reason to know is nongeneral legislation.
(4)CA Government Code § 87102.5(a)(4) Any vote in a legislative committee or subcommittee on what the Member knows or has reason to know is nongeneral legislation.
(5)CA Government Code § 87102.5(a)(5) Any rollcall vote on the Senate or Assembly floor on an item which the Member knows is nongeneral legislation.
(6)CA Government Code § 87102.5(a)(6) Any action or decision before the Legislature in which all of the following occur:
(A)CA Government Code § 87102.5(a)(6)(A) The Member has received any salary, wages, commissions, or similar earned income within the preceding 12 months from a lobbyist employer.
(B)CA Government Code § 87102.5(a)(6)(B) The Member knows or has reason to know the action or decision will have a direct and significant financial impact on the lobbyist employer.
(C)CA Government Code § 87102.5(a)(6)(C) The action or decision will not have an impact on the public generally or a significant segment of the public in a similar manner.
(7)CA Government Code § 87102.5(a)(7) Any action or decision before the Legislature on legislation that the Member knows or has reason to know will have a direct and significant financial impact on any person, distinguishable from its impact on the public generally or a significant segment of the public, from whom the Member has received any compensation within the preceding 12 months for the purpose of appearing, agreeing to appear, or taking any other action on behalf of that person, before any local board or agency.
(b)CA Government Code § 87102.5(b) For purposes of this section, all of the following apply:
(1)CA Government Code § 87102.5(b)(1) “Any action or decision before the Legislature” means any vote in a committee or subcommittee, or any rollcall vote on the floor of the Senate or Assembly.
(2)CA Government Code § 87102.5(b)(2) “Financial interest” means an interest as defined in Section 87103.
(3)CA Government Code § 87102.5(b)(3) “Legislation” means a bill, resolution, or constitutional amendment.
(4)CA Government Code § 87102.5(b)(4) “Nongeneral legislation” means legislation that is described in Section 87102.6 and is not of a general nature pursuant to Section 16 of Article IV of the Constitution.
(5)CA Government Code § 87102.5(b)(5) A Member of the Legislature has reason to know that an action or decision will have a direct and significant financial impact on a person with respect to which disqualification may be required pursuant to subdivision (a) if either of the following apply:
(A)CA Government Code § 87102.5(b)(5)(A) With the knowledge of the Member, the person has attempted to influence the vote of the Member with respect to the action or decision.
(B)CA Government Code § 87102.5(b)(5)(B) Facts have been brought to the Member’s personal attention indicating that the action or decision will have a direct and significant impact on the person.
(6)CA Government Code § 87102.5(b)(6) The prohibitions specified in subdivision (a) do not apply to a vote on the Budget Bill as a whole, or to a vote on a consent calendar, a motion for reconsideration, a waiver of any legislative rule, or any purely procedural matter.
(7)CA Government Code § 87102.5(b)(7) A Member of the Legislature has reason to know that legislation is nongeneral legislation if facts have been brought to the Member’s personal attention indicating that it is nongeneral legislation.
(8)CA Government Code § 87102.5(b)(8) Written advice given to a Member of the Legislature regarding the Member’s duties under this section by the Legislative Counsel shall have the same effect as advice given by the commission pursuant to subdivision (b) of Section 83114 if both of the following apply:
(A)CA Government Code § 87102.5(b)(8)(A) The Member has made the same written request based on the same material facts to the commission for advice pursuant to Section 83114 as to the Member’s duties under this section, as the written request and facts presented to the Legislative Counsel.
(B)CA Government Code § 87102.5(b)(8)(B) The commission has not provided written advice pursuant to the Member’s request prior to the time the Member acts in good faith reliance on the advice of the Legislative Counsel.

Section § 87102.6

Explanation

This law explains what 'nongeneral legislation' means in the context of California government. Such legislation is identified by having a clear financial impact on specific individuals or properties, rather than generally affecting the broader public. It further clarifies that a 'significant segment of the public' can be an industry, trade, profession, district, or geographic area. If a law impacts more than just a small number of people or properties in a unique way, it's considered nongeneral. The section also makes clear that the entire budget bill is not considered nongeneral legislation, but if a law contains any provisions that qualify as nongeneral, the entire law is deemed such. Legislations that have a similar impact on a group or an entire segment, even if individual effects differ, are not considered nongeneral.

(a)CA Government Code § 87102.6(a) “Nongeneral legislation” means legislation as to which both of the following apply:
(1)CA Government Code § 87102.6(a)(1) It is reasonably foreseeable that the legislation will have direct and significant financial impact on one or more identifiable persons, or one or more identifiable pieces of real property.
(2)CA Government Code § 87102.6(a)(2) It is not reasonably foreseeable that the legislation will have a similar impact on the public generally or on a significant segment of the public.
(b)CA Government Code § 87102.6(b) For purposes of this section and Section 87102.5, all of the following apply:
(1)CA Government Code § 87102.6(b)(1) “Legislation” means a bill, resolution, or constitutional amendment.
(2)CA Government Code § 87102.6(b)(2) “Public generally” includes an industry, trade, or profession.
(3)CA Government Code § 87102.6(b)(3) Any recognized subgroup or specialty of the industry, trade, or profession constitutes a significant segment of the public.
(4)CA Government Code § 87102.6(b)(4) A legislative district, county, city, or special district constitutes a significant segment of the public.
(5)CA Government Code § 87102.6(b)(5) More than a small number of persons or pieces of real property is a significant segment of the public.
(6)CA Government Code § 87102.6(b)(6) Legislation, administrative action, or other governmental action impacts in a similar manner all members of the public, or all members of a significant segment of the public, on which it has a direct financial effect, whether or not the financial effect on individual members of the public or the significant segment of the public is the same as the impact on the other members of the public or the significant segment of the public.
(7)CA Government Code § 87102.6(b)(7) The Budget Bill as a whole is not nongeneral legislation.
(8)CA Government Code § 87102.6(b)(8) Legislation that contains at least one provision that constitutes nongeneral legislation is nongeneral legislation, even if the legislation also contains other provisions that are general and do not constitute nongeneral legislation.

Section § 87102.8

Explanation

If you're an elected state official in California, you can't be involved in or try to sway a government decision where you know you'll benefit financially. This also means you should stay out of decisions that will have a major financial impact on someone who paid you for services related to government work within the last year.

This applies even if the decision affects a lobbyist employer who has paid you any salary or wages in the past year, as long as the impact isn't on the general public. And, even if your relationship isn't with a lobbyist employer, but with anyone who paid you to advocate for them, you must steer clear of influencing actions that affect them more than the public generally.

The terms "public generally" and "significant segment of the public" have specific meanings, explained elsewhere in the law, and there are specific penalties in place for breaking these rules.

(a)CA Government Code § 87102.8(a) An elected state officer, as defined in subdivision (f) of Section 14 of Article V of the California Constitution, shall not make or participate in the making of, or use the officer’s official position to influence, any governmental decision before the agency in which the elected state officer serves, where the officer knows or has reason to know that the officer has a financial interest.
(b)CA Government Code § 87102.8(b) An elected state officer knows or has reason to know that the officer has a financial interest in any action by, or a decision before the agency in which the officer serves where either of the following occur:
(1)CA Government Code § 87102.8(b)(1) The action or decision will have a direct and significant financial impact on a lobbyist employer from which the officer has received any salary, wages, commissions, or similar earned income within the preceding 12 months and the action or decision will not have an impact on the public generally or a significant segment of the public in a similar manner.
(2)CA Government Code § 87102.8(b)(2) The action or decision will have a direct and significant financial impact on any person, distinguishable from its impact on the public generally or a significant segment of the public, from whom the officer has received any compensation within the preceding 12 months for the purpose of appearing, agreeing to appear, or taking any other action on behalf of that person, before any local board or agency.
(c)CA Government Code § 87102.8(c) The definitions of “public generally” and “significant segment of the public” contained in Section 87102.6 apply to this section.
(d)CA Government Code § 87102.8(d) Notwithstanding Section 87102, the remedies provided in Chapter 3 (commencing with Section 83100) apply to violations of this section.

Section § 87103

Explanation

This law states that a public official has a financial interest in a decision if it's likely the decision will financially impact the official, their immediate family, or specific related entities. Key points include that this impact must be different from its effect on the public in general.

An official's financial interest is identified if they have investments of $2,000 or more in a business or real estate, receive income of $500 or more from a non-loan source, hold a managerial position in a business, or if they've received gifts valued at $250 or more within the last year. Indirect interests through family or associated entities are also considered.

A public official has a financial interest in a decision within the meaning of Section 87100 if it is reasonably foreseeable that the decision will have a material financial effect, distinguishable from its effect on the public generally, on the official, a member of the official’s immediate family, or on any of the following:
(a)CA Government Code § 87103(a) Any business entity in which the public official has a direct or indirect investment worth two thousand dollars ($2,000) or more.
(b)CA Government Code § 87103(b) Any real property in which the public official has a direct or indirect interest worth two thousand dollars ($2,000) or more.
(c)CA Government Code § 87103(c) Any source of income, except gifts or loans by a commercial lending institution made in the regular course of business on terms available to the public without regard to official status, aggregating five hundred dollars ($500) or more in value provided or promised to, received by, the public official within 12 months prior to the time when the decision is made.
(d)CA Government Code § 87103(d) Any business entity in which the public official is a director, officer, partner, trustee, employee, or holds any position of management.
(e)CA Government Code § 87103(e) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating two hundred fifty dollars ($250) or more in value provided to, received by, or promised to the public official within 12 months prior to the time when the decision is made. The amount of the value of gifts specified by this subdivision shall be adjusted biennially by the commission to equal the same amount determined by the commission pursuant to subdivision (f) of Section 89503.
For purposes of this section, indirect investment or interest means any investment or interest owned by the spouse or dependent child of a public official, by an agent on behalf of a public official, or by a business entity or trust in which the official, the official’s agents, spouse, and dependent children own directly, indirectly, or beneficially a 10-percent interest or greater.

Section § 87103.5

Explanation

This law explains when a retail customer won't be considered a source of income for an official who has a significant ownership in a retail business. Specifically, if the retail customers form a large part of the public and their transactions are indistinguishable from others, then they aren't counted as income.

In small jurisdictions with populations under 10,000 and few retail businesses, a retail customer is not an income source if their payments do not exceed one percent of the business's past year's sales. Population and the number of retail businesses are determined by specific government reports.

(a)CA Government Code § 87103.5(a) Notwithstanding subdivision (c) of Section 87103, a retail customer of a business entity engaged in retail sales of goods or services to the public generally is not a source of income to an official who owns a 10-percent or greater interest in the entity if the retail customers of the business entity constitute a significant segment of the public generally, and the amount of income received by the business entity from the customer is not distinguishable from the amount of income received from its other retail customers.
(b)CA Government Code § 87103.5(b) Notwithstanding subdivision (c) of Section 87103, in a jurisdiction with a population of 10,000 or less which is located in a county with 350 or fewer retail businesses, a retail customer of a business entity engaged in retail sales of goods or services to the public generally is not a source of income to an official of that jurisdiction who owns a 10-percent or greater interest in the entity, if the retail customers of the business entity constitute a significant segment of the public generally, and the amount of income received by the business entity from the customer does not exceed one percent of the gross sales revenues that the business entity earned during the 12 months prior to the time the decision is made.
(c)CA Government Code § 87103.5(c) For the purposes of subdivision (b):
(1)CA Government Code § 87103.5(c)(1) Population in a jurisdiction shall be established by the United States Census.
(2)CA Government Code § 87103.5(c)(2) The number of retail businesses in a county shall be established by the previous quarter’s Covered Employment and Wages Report (ES-202) of the Labor Market Information Division of the California Employment Development Department.

Section § 87103.6

Explanation

This law clarifies that if someone pays a state or local government agency to cover costs related to processing applications or other actions—like holding public hearings or preparing documents—that payment doesn't count as income for people working at the agency.

Notwithstanding subdivision (c) of Section 87103, any person who makes a payment to a state agency or local government agency to defray the estimated reasonable costs to process any application, approval, or any other action, including but not limited to, holding public hearings and evaluating or preparing any report or document, shall not by reason of the payments be a source of income to a person who is retained or employed by the agency.

Section § 87104

Explanation

This law states that a public official working for a state agency can't, for pay, act as a lawyer or representative for another person in efforts to influence that agency's decisions on things like contracts, grants, or permits.

It covers any public official, including members and advisors of an agency, unless they are representing their own government agency.

(a)CA Government Code § 87104(a) A public official of a state agency shall not, for compensation, act as an agent or attorney for, or otherwise represent, any other person by making any formal or informal appearance before, or any oral or written communication to, the official’s state agency or any officer or employee thereof, if the appearance or communication is for the purpose of influencing a decision on a contract, grant, loan, license, permit, or other entitlement for use.
(b)CA Government Code § 87104(b) For purposes of this section, “public official” includes a member, officer, employee, or consultant of an advisory body to a state agency, whether the advisory body is created by statute or otherwise, except when the public official is representing the official’s employing state, local, or federal agency in an appearance before, or communication to, the advisory body.

Section § 87105

Explanation

If a public official has a financial interest that could affect their decision-making, they must take certain steps before discussing the matter. First, they need to clearly explain the financial interest to the public, without revealing their home's exact address. Then, they must not participate in discussing or voting on the issue, and must leave the room while it is being discussed, unless the issue is uncontested. They are allowed to speak during the public comment period. This rule does not apply to state legislators.

(a)CA Government Code § 87105(a) A public official who holds an office specified in Section 87200 who has a financial interest in a decision within the meaning of Section 87100 shall, upon identifying a conflict of interest or a potential conflict of interest and immediately prior to the consideration of the matter, do all of the following:
(1)CA Government Code § 87105(a)(1) Publicly identify the financial interest that gives rise to the conflict of interest or potential conflict of interest in detail sufficient to be understood by the public, except that disclosure of the exact street address of a residence is not required.
(2)CA Government Code § 87105(a)(2) Recuse the public official’s own self from discussing and voting on the matter, or otherwise acting in violation of Section 87100.
(3)CA Government Code § 87105(a)(3) Leave the room until after the discussion, vote, and any other disposition of the matter is concluded, unless the matter has been placed on the portion of the agenda reserved for uncontested matters.
(4)CA Government Code § 87105(a)(4) Notwithstanding paragraph (3), a public official described in subdivision (a) may speak on the issue during the time that the general public speaks on the issue.
(b)CA Government Code § 87105(b) This section does not apply to Members of the Legislature.