Cal. Code Regs. Tit. 2, § 18706 - Governmental Decision: Segmentation

(a) An agency may segment a decision in which a public official has a financial interest, to allow participation by the official, provided all of the following conditions apply:

(1) The decision in which the official has a financial interest can be broken down into separate decisions that are not inextricably interrelated to the decision in which the official has a disqualifying financial interest;

(2) The decision in which the official has a financial interest is segmented from the other decisions;

(3) The decision in which the official has a financial interest is considered first and a final decision is reached by the agency without the disqualified official's participation in any way; and

(4) Once the decision in which the official has a financial interest has been made, the disqualified public official's participation does not result in a reopening of, or otherwise financially affect, the decision from which the official was disqualified.

(b) For purposes of this regulation, decisions are "inextricably interrelated" when the result of one decision will effectively determine, affirm, nullify, or alter the result of another decision.

(c) Budget Decisions and General Plan Adoption or Amendment Decisions Affecting an Entire Jurisdiction: Once all the separate decisions related to a budget or general plan affecting the entire jurisdiction have been finalized, the public official may participate in the final vote to adopt or reject the agency's budget or to adopt, reject, or amend the general plan.

COMMENT: This regulation implements the segmentation principle outlined in the Commission's opinion In re Owen (1976) 2 FPPC Ops. 77.

Notes

Cal. Code Regs. Tit. 2, § 18706

1. New section filed 8-16-84; effective thirtieth day thereafter (Register 84, No. 33).
2. Repealer and new section filed 11-23-98; operative 11-23-98 pursuant to the 1974 version of Government Code section 11380.2 and title 2, California Code of Regulations, section 18312(d) and (e) (Register 98, No. 48).
3. Editorial correction of HISTORY 2 (Register 2000, No. 25).
4. Designation of first paragraph as subsection (a) and new subsections (b)-(c) filed 1-22-2002; operative 2-21-2002 (Register 2002, No. 4).
5. Amendment of section heading and section filed 5-1-2014; operative 5-31-2014. Submitted to OAL for filing and printing only pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2014, No. 18).
6. Change without regulatory effect renumbering former section 18706 to section 18701 and renumbering former section 18709 to section 18706 filed 4-27-2015. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2015, No. 18).

Note: Authority cited: Section 83112, Government Code. Reference: Sections 87100 and 87103, Government Code.

1. New section filed 8-16-84; effective thirtieth day thereafter (Register 84, No. 33).
2. Repealer and new section filed 11-23-98; operative 11-23-98 pursuant to the 1974 version of Government Code section 11380.2 and title 2, California Code of Regulations, section 18312(d) and (e) (Register 98, No. 48).
3. Editorial correction of History 2 (Register 2000, No. 25).
4. Designation of first paragraph as subsection (a) and new subsections (b)-(c) filed 1-22-2002; operative 2-21-2002 (Register 2002, No. 4).
5. Amendment of section heading and section filed 5-1-2014; operative 5/31/2014. Submitted to OAL for filing and printing only pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2014, No. 18).
6. Change without regulatory effect renumbering former section 18706 to section 18701 and renumbering former section 18709 to section 18706 filed 4/27/2015. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2015, No. 18).