Conflict of Interest Laws and Duties of Casa Conejo MAC

Conflict of Interest Laws Regarding Casa Conejo MAC Jeff Barnes, Chief Assistant County Counsel March 2023 VENTURA COUNTY COUNSEL

Municipal Advisory Councils Government Code section 31010 authorizes the formation of MACs Board of Supervisors may by resolution establish and provide funds for the operation of a MAC for any unincorporated area to advise the Board on matters which relate to the area 2

Casa Conejo MAC Duties Take public input at properly noticed meetings on significant County land use, planning, and public works permits and projects located in the Advisory Council area . . . And then to provide advisory recommendations on those matters to appropriate County agencies and the representative County Supervisor. Authorized to issue and revoke oversized vehicle parking permits under Ordinance No. 4524 3

Conflicts of Interest Governed by the Political Reform Act (Gov. Code, 87100 et seq.) No public official shall make, participate in making or in any way attempt to use his official position to influence a governmental decision in which he knows or has reason to know he has a financial interest. Personal Gain 4

Disqualification Based on Financial Interests Rule: Public officials may not participate or attempt to influence in a decision if their financial interests are affected by a decision 5

Financial Interests Source of Income Personal Finances Real Property Investment Business Employment or Management Loans Gifts 6

Disqualification Publicly announce interest Leave the room Do not participate in or attempt to influence the decision 7

Failure to Step Aside: Penalties Invalidate decision Crime and potential loss of office Personal Fines ($5,000 to $10,000 per violation) Embarrassment 8

Financial Interest Disclosure Public officials are required to disclose their relevant financial interests Timing: 30 days after assuming office or upon adoption of new Conflict Code by BOS April 1: annually while in office 30 days after leaving office 9

Conflict Laws Applicability to Casa Conejo MAC Advisory bodies are not typically subject to Political Reform Act s disqualification and financial disclosure requirements (i.e., no need for recusal or members filing Form 700 s) BUT MACs are subject to the rules if they make final decisions on behalf of the County 10

Conflict of Interest Code Bodies subject to Political Reform Act s financial disclosure requirements must adopt and comply with a Conflict of Interest Code Conflict of Interest Code identifies officials who must file financial disclosure forms (Form 700 s) and the scope of the required disclosure 11

Casa Conejo MACs Conflict of Interest Code Incorporates Political Reform Act s conflict laws by reference Sets disclosure requirements based on specific financial interests implicated by MAC s oversized vehicle permitting program: Interests in real property Interests in those subject to permitting program 12

Casa Conejo MACs Conflict of Interest Code Interests in Real Property: All interests in real property, including interests in real property held by business entities and trustsin which the public official holds a business position or has an investment or other financial interest, within the jurisdictional boundaries of the Casa Conejo Municipal Advisory Council. 13

Casa Conejo MACs Conflict of Interest Code Interests in those subject to program: All investments, business positions and sources of income, gifts, loans and travel payments, from sources which are subject to the permitting authority of, or have an application pending before, the Casa Conejo Municipal Advisory Council s oversized vehicle permit parking program. 14

MAC Permitting Program: When Is Recusal Required? Interest in Real Property Subject permit location is within 500 feet of the MAC member s personal residence or other residence in which the member has an interest worth $2,000 or more NOTE: A MAC member s personal residence is NOT reportable on Form 700 but can still require disqualification 15

MAC Permitting Program: When Is Recusal Required? Interest in Those Subject to Program The MAC member has had any financial connection worth over $500 to a permit applicant/holder over the past 12 months Example: A permit applicant/holder is the employer of the MAC member s spouse who received compensation of over $1,000 16

MAC Permitting Program: When Is Recusal Required or Advisable? Common law Conflict of Interest MAC member should not participate if they are biased or situation gives the appearance of bias Example: Permit involves family member or close acquaintance (either friend or foe) of MAC member **Important to protect the public s perception of the program** 17

Public Records Act Public Records Act: The California Public Records Act (CPRA) governs the public s access to government records. (Cal. Gov. C. 7920.000 et seq.) Proposition 59: made access to public records a constitutional right (Cal. Const. art. I 3.) **Reminder: Public Records Act applies to, and requires disclosure of, all writings regarding Casa Conejo s oversized vehicle parking program unless specifically exempt 18

The Golden Rule All local agency records must be disclosed to the public, upon request, unless those records are specifically made exempt. (Cal. Gov. C. 7922.525.) Practice point: Assume most of your internal emails and messages and all of your external emails and messages are public records that will be released upon inquiry very few exemptions will apply 19

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