Increased EC Authority and Access to Annual Disclosure in California
Some good news from California, which takes an odd, hybrid approach
to local government ethics. It has a state ethics commission (the
Fair Political Practices Commission (FPPC)) that has limited
authority over local officials in the areas of conflicts of interest
and campaign finance. And the state has many local government ethics
programs, which are all over the place in terms of quality and areas
over which they have authority.<br>
<br>
The first piece of good news is that the FPPC has been given the
authority, with respect to Government Code §1090, (1) to
provide written ethics advice and (2) to civilly or administratively
enforce violations. Section 1090 deals solely with conflicts of
interest involving contracts. In the past, there has only been
<i>criminal</i> enforcement of this section by district attorneys or the
Attorney General, and advice could be given only with respect to the
provisions in the Political Reform Act. For some crazy historical
reason, §1090 was never made part of the Political Reform Act,
which is the state's principal ethics code.<br>
<br>
Here is §1090:<blockquote>
Members of the Legislature, state, county, district, judicial
district, and city officers or employees shall not be financially
interested in any contract made by them in their official capacity,
or by any body or board of which they are members. Nor shall state,
county, district, judicial district, and city officers or employees
be purchasers at any sale or vendors at any purchase made by them in
their official capacity.</blockquote>
The second piece of good news involves annual disclosure. A
statewide
electronic system will be instituted for the disclosure of the
income and economic interests
of officials in state and local governments. Currently, officials
file either with the FPPC, their state agency, or their local agency
or government. Most of the disclosures are on paper and there is no
electronic access, unless there is a local ethics program that
provides for this.<br>
<br>
This is an important step. Disclosure without easy access is far
less valuable.<br>
<br>
Robert Wechsler<br>
Director of Research-Retired, City Ethics<br>
<br>
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