The general rule is that use of public resources for either personal or political gain is prohibited (Penal Code § 424 & Gov. Code § 83144)
Public officials:
- May not use public resources such as staff time, office equipment, and office supplies for personal purposes.
- May not send Mass Mailings at public expense.
- May not accept payments for speeches, articles, and attendance.
- May not parlay positions as public servants into future job opportunities.
Basic Fair Political Practices Rule:
“No public official shall make, participate in, or use his or her official position to influence a governmental decision in which he or she has a financial interest.” Government Code Section 87100
Deciding whether you have a disqualifying conflict of interest depends just as much, if not more, on the fact of a person’s particular situation as it does the law.
How Do You Disqualify Yourself?
Identify the conflict on the record. Leave the room.
What Happens If You Do Not Disqualify Yourself?
- Violation a Misdemeanor
- Loss of Office
- Action Rescinded
- Incarceration for six months
- Civil Penalties/Restitution – Fines from $5,000 to $ 250,000 or more plus Attorney Fees
Please consult your agency’s legal counsel or contact the FPPC. For more information, contact our office at 831.646.1502 or info@laredolaw.net or refer to www.fppc.ca.gov
