The Act was adopted by the people of the State of California by initiative in 1974. The purpose of the conflict-of-interest provisions of the Act is to insure that public officials perform their duties in an impartial manner
, free from bias caused by their own financial interests or the financial interests of persons who support them. (Section 81001(b).) In furtherance of this goal
, Section 87100 prohibits any public official from making
, participating in making
, or otherwise using his or her official position to influence a governmental decision in which the official has a financial interest. However, the receipt of campaign contributions is not a basis for disqualification by a public official. (Sections 87103 and 82030(b)(1).)
In 1983, Government Code Section 84308 was added to the act to deal specifically with campaign contributions and government decisionmaking by certain officials. However, local government agencies whose members are directly elected by voters are exempt from the provisions of Section 84308 along with the courts
, the Legislature
, state constitutional officers and the Board of Equalization. Moreover, Section 84308 only applies if the contribution accepted is more
Therefore, nothing in the Act prohibits you from participating in decisions regarding the lawsuit brought by Mr. John Hall against your governmental agency.
If you have any other questions regarding this matter
, please contact me at (916) 322-5660.
Steven G. Churchwell
By: Marte Castaños
Staff Counsel, Legal Division