Cal. Code Regs. Tit. 15, § 1 - Conflict of Interest Code

Current through Register 2021 Notice Reg. No. 52, December 24, 2021

The Political Reform Act (Government Code Section 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation (2 California Code of Regulations Section 18730 ) that contains the terms of a standard conflict of interest code, which can be incorporated by reference in an agency's code. After public notice and hearing, the standard code may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendices, designating positions and establishing disclosure categories, shall constitute the conflict of interest code of the Board of State and Community Corrections (Board).

Individuals holding designated positions shall file their statements of economic interests with the Board, which will make the statements available for public inspection and reproduction. (Gov. Code Sec. 81008.) Upon receipt of the statements for the Executive Director and Board Members, the Board shall make and retain copies and forward the original to the Fair Political Practices Commission. The Board shall forward copies of all other statements for appointed members of multi-member boards and commissions to the Fair Political Practices Commission. All other statements will be retained by the Board.

Appendix A

Designated Positions

Designated Positions Disclosure Categories
Members of the Board 1, 2, 3, 4, 5, 6
Members of Executive Steering Committee/SACJJDP 1, 2, 3, 4, 6
Executive Director 1, 2, 3, 4, 5, 6
General Counsel 1, 2, 3, 4, 5, 6
Communications Director 1, 2, 3, 4, 5, 6
Deputy Director 1, 2, 3, 4, 5, 6
Staff Services Manager III (Chief of Administration) 1, 2, 3, 4, 5, 6
Project Director (All Levels) 1, 2, 3, 4, 6
Field Representative 1, 2, 3, 4, 5, 6
Staff Services Manager I 1, 4, 5, 6
Staff Services Manager II (Chief Fiscal Officer) 1, 4, 5, 6
Research Manager III 1, 4, 5, 6
Data Processing Manager II (Chief Information Officer) 1
Staff Information Systems Analyst (Information Security Officer) 1
Consultants/Legal Counsel/New Positions* *

_______________________________________________________________

NOTE: Members of the Executive Steering Committee vary and a current list of committee members is maintained by the filing officer.

* Consultants, legal counsel and new positions shall be included in the list of designated positions and shall disclose pursuant to the broadest disclosure category in the code, subject to the following limitation:

The Executive Director may determine in writing that a particular consultant, legal counsel or new position, although a "designated position," is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant's, legal counsel's or new position's duties and, based on that description, a statement of the extent of the disclosure requirements. The Executive Director's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. (Gov. Code Sec. 81008.)

Appendix B

Disclosure Categories

Category 1

Individuals assigned to this category must report:

Investments and business positions in business entities and sources of income, including receipt of gifts, loans and travel payments, from sources that provide services or supplies, including but not limited to, information technology and telecommunications sources, of the type utilized by the Board.

Category 2

Individuals assigned to this category must report:

Investments and business positions in business entities, and sources of income, including gifts, loans, and travel payments, from sources, that filed a claim or appeal, or have a claim or appeal pending, against the Board during the previous two years.

Category 3

Individuals assigned to this category must report:

Interests in real property located within two miles of a correctional facility or proposed correctional facility of the type to receive funds from or through the Board.

Category 4

Individuals assigned to this category must report:

Investments and business positions in business entities, and sources of income, including receipt of loans, gifts, and travel payments, from sources of the type to receive financial or technical assistance, including grants, from or through the Board.

Category 5

Individuals assigned to this category must report:

Interests in real property of the type purchased or leased by the Board for its use.

Category 6

Individuals assigned to this category must report:

Investments and business positions in business entities, and sources of income, including receipt of loans, gifts, and travel payments, from sources of the type to be appointed to the Board's standing committees or to an executive steering committee.

Notes

Cal. Code Regs. Tit. 15, § 1

Note: Authority cited: Sections 81008, 87300 and 87306, Government Code. Reference: Section 87302, Government Code.

1. New section and Appendix filed 1-4-2001; operative 2-3-2001. Approved by Fair Political Practices Commission 11-2-2000 (Register 2001, No. 1).
2. Amendment of Appendix filed 6-19-2003; operative 7-19-2003. Approved by Fair Political Practices Commission 5-6-2003 (Register 2003, No. 25).
3. Change without regulatory effect amending division heading, chapter heading, section and appendix filed 1-7-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 2).
4. Repealer of section and Appendix filed 5-13-2011; operative 6-12-2011. Approved by Fair Political Practices Commission 1-6-2011 (Register 2011, No. 19).
5. Amendment of division heading and chapter heading filed 1-9-2014 as an emergency; operative 1-9-2014 (Register 2014, No. 2). A Certificate of Compliance must be transmitted to OAL by 7-8-2014 or emergency language will be repealed by operation of law on the following day.
6. Amendment of division heading and chapter heading refiled 7-7-2014 as an emergency; operative 7-7-2014 (Register 2014, No. 28). A Certificate of Compliance must be transmitted to OAL by 10-6-2014 or emergency language will be repealed by operation of law on the following day.
7. New section and appendices A and B filed 11-5-2014; operative 12-5-2014 pursuant to Cal. Code Regs., tit. 2, section 18750(l). Approved by Fair Political Practices Commission 10-3-2014 and submitted to OAL for filing and printing only pursuant to Cal. Code Regs., tit. 2, section 18750(k) (Register 2014, No. 45).
8. Certificate of Compliance as to 7-7-2014 order transmitted to OAL 9-29-2014 and filed 11-5-2014 (Register 2014, No. 45).
9. Amendment of Appendix A and Appendix B filed 11-30-2017; operative 12-30-2017 pursuant to Cal. Code Regs., tit. 2, section 18750(l). Approved by Fair Political Practices Commission 11-1-2017 and submitted to OAL for filing and printing only pursuant to Cal. Code Regs., tit. 2, section 18750(k) (Register 2017, No. 48).

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