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Terms & Definitions -

(continued)

Conflict of Interest: A public official or employee has a

FPPC Regulation 18700.3 defines “consultant” as an

conflict of interest under the Act when all of the following

individual who makes a governmental decision whether to:

occur:

•

Approve a rate, rule, or regulation

•

The official makes, participates in making, or uses

•

Adopt or enforce a law

his or her official position to influence a governmental

•

Issue, deny, suspend, or revoke any permit, license,

decision;

application, certificate, approval, order, or similar

•

It is reasonably foreseeable that the decision will affect

authorization or entitlement

the official’s economic interest;

•

Authorize the agency to enter into, modify, or renew a

•

The effect of the decision on the official’s economic

contract provided it is the type of contract that requires

interest will be material; and

agency approval

•

The effect of the decision on the official’s economic

•

Grant agency approval to a contract that requires

interest will be different than its effect on the public

agency approval and to which the agency is a party, or

generally.

to the specifications for such a contract

Conflict of Interest Code: The Act requires every state

•

Grant agency approval to a plan, design, report, study,

and local government agency to adopt a conflict of interest

or similar item

code. The code may be contained in a regulation, policy

•

Adopt, or grant agency approval of, policies,

statement, or a city or county ordinance, resolution, or

standards, or guidelines for the agency or for any of its

other document.

subdivisions

An agency’s conflict of interest code must designate all

A consultant also is an individual who serves in a staff

officials and employees of, and consultants to, the agency

capacity with the agency and:

who make or participate in making governmental decisions

•

participates in making a governmental decision; or

that could cause conflicts of interest. These individuals

•

performs the same or substantially all the same duties

are required by the code to file statements of economic

for the agency that would otherwise be performed by an

interests and to disqualify themselves when conflicts of

individual holding a position specified in the agency’s

interest occur.

conflict of interest code.

The disclosure required under a conflict of interest code for

Designated Employee: An official or employee of a state

a particular designated official or employee should include

or local government agency whose position has been

only the kinds of personal economic interests he or she

designated in the agency’s conflict of interest code to file

could significantly affect through the exercise of his or her

statements of economic interests or whose position has

official duties. For example, an employee whose duties

not yet been listed in the code but makes or participates in

are limited to reviewing contracts for supplies, equipment,

making governmental decisions. Individuals who contract

materials, or services provided to the agency should be

with government agencies (consultants) may also be

required to report only those interests he or she holds

designated in a conflict of interest code.

that are likely to be affected by the agency’s contracts for

supplies, equipment, materials, or services.

A federal officer or employee serving in an official federal

capacity on a state or local government agency is not a

Consultant: An individual who contracts with or whose

designated employee.

employer contracts with state or local government

agencies and who makes, participates in making, or acts

Disclosure Categories: The section of an agency’s

in a staff capacity for making governmental decisions. The

conflict of interest code that specifies the types of personal

agency determines who is a consultant. Consultants may

economic interests officials and employees of the agency

be required to file Form 700. Such consultants would file

must disclose on their statements of economic interests.

under full disclosure unless the agency provides in writing

Disclosure categories are usually contained in an appendix

a limited disclosure requirement. Agencies may use FPPC

or attachment to the conflict of interest code. Contact your

Form 805 to assign such disclosure. The obligation to

agency to obtain a copy of your disclosure categories.

file Form 700 is always imposed on the individual who is

providing services to the agency, not on the business or

firm that employs the individual.

FPPC Form 700 Reference Pamphlet (2016/2017)

FPPC Advice Email: advice@fppc.ca.gov

FPPC Toll-Free Helpline: 866/275-3772

Ref. Pamphlet - 9

Instructions For Fppc Form 700 Reference Pamphlet - Statement Of Economic Interests - 2016/2017 Page 9

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