Legal Resources | Code of Regulations, Title 2 | 18702.1
Chapter 7 Conflicts of Interest Article 1 Conflicts of Interest; General Prohibition Determining When a Public Official is Making a Governmental Decision
(a) A public official "makes a governmental decision," except as provided in 2 Cal. Code Regs. section 18702.4, when the official, acting within the authority of his or her office or position:
(1) Votes on a matter;
(2) Appoints a person;
(3) Obligates or commits his or her agency to any course of action;
(4) Enters into any contractual agreement on behalf of his or her agency;
(5) Determines not to act, within the meaning of subdivisions (a)(1), (a)(2), (a)(3), or (a)(4), above, unless such determination is made because of his or her financial interest. When the determination not to act occurs because of the official's financial interest, the official's determination may be accompanied by an oral or written disclosure of the financial interest.
(b) When an official with a disqualifying conflict of interest abstains from making a governmental decision in an open session of the agency and the official remains on the dais or in his or her designated seat during deliberations of the governmental decision in which he or she is disqualified, his or her presence shall not be counted toward achieving a quorum.
(c) During a closed meeting of the agency, a disqualified official shall not be present when the decision is considered or knowingly obtain or review a recording or any other non-public information regarding the governmental decision.
(d) Notwithstanding subdivision (a) of this regulation, to determine if a public official who holds an office specified in Government Code section 87200 is making, participating in making, or using or attempting to use his or her official position to influence a governmental decision relating to an agenda item which is noticed for a meeting subject to the provisions of the Bagley-Keene Act (Government Code section 11120 et seq.) or the Brown Act (Government Code section 54950 et seq.) apply 2 Cal. Code Regs. sections 18702.1(a)(1)-(a)(4), 18702.2, 18702.3, 18702.4, 18702.5.
COMMENT: Nothing in this section authorizes or prohibits an agency by local rule or custom from requiring a disqualified member to step down from the dais and/or leave the chambers.
Authority cited:
Government Code 83112
Reference:
Government Code 81002
Government Code 81003
Government Code 87100
Government Code 87101
Government Code 87105
Government Code 87200
(Amended by Register 2003, No. 24)