pages: RecreationandParkCommission/2018-02-08.pdf, 6
This data as json
body | date | page | text | path |
---|---|---|---|---|
RecreationandParkCommission | 2018-02-08 | 6 | Discussion Under the Act, a public official is prohibited from making, participating in making or using or attempting to use the official's position to influence a governmental decision where the decision will have a material economic effect on the official. A public official makes a decision if the public official votes on the matter. A public official participates in the making of a governmental decision if the public official provides a recommendation for the purpose of affecting the decision without significant intervening substantive review. A public official uses his or her official position to influence a governmental decision if he or she contacts or appears before any official in his or her agency for the purpose of affecting the decision. See 2 CCR Section 18704 (a), (b) (c). Where such conflict exists and recusal is required, the public official must announce the conflict and leave the room. 2 CCR Section 18707 (a)(1 (C). Similarly, where a Commissioner sits on the board of directors of an organization where it is reasonably foreseeable that a decision of the Commission will have a material effect on the organization, the Commissioner is prohibited from making, participating in making or using his or her position to influence a Commission decision. That prohibition includes not voting on the decision, not contacting other Commissioners, not appearing before the Commission and otherwise not attempting to influence a Commission decision. This means a Commissioner must not only recuse him/herself when the matter comes before the Commission but also that the Commissioner may not address the Commission on the matter nor participate, for example, at meetings with staff and user groups where the policies or programs that materially affect the organization are discussed. We have been asked whether there are any exceptions to this broad prohibition, similar to exceptions under the Political Reform Act. Those exceptions apply when a public official's personal interests are affected. For example, a public official may appear as a member of the general public before the official's agency if the official is appearing on matters such as real property owned by official or members of the official's immediate family or a business entity owned entirely by the public official or members of the official's immediate family. 2 CCR Section 18707 (a) )((3)(C) and Section 18704 (d)(2). The exceptions do not seem analogous or applicable to the non-economic conflict of interest at issue here. Conclusion We recognize that at first this may seem a harsh result as it is likely that individuals may be appointed to the Commission by the Council because they have knowledge and expertise about the City's recreation programs and policies and can use that knowledge and experience to the benefit of the community. But because of the individual's fiduciary duty to the organization by virtue of being on the board of directors, it creates a conflict with the individual's duty as a public official. Moreover, organizations affected 2 | RecreationandParkCommission/2018-02-08.pdf |