Political Reform Act 2011 - Fair Political Practices Commission

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§ 87302.3. 93 § 87305. 2 Cal. Code of Regs. Section 18950 2 Cal. Code of Regs. Section 18950.3 Opinions: In re Alperin (1977) 3 FPPC Ops. 77 § 87302.3. Disclosure by Candidates for Elective Office. (a) Every candidate for an elective office that is designated in a conflict of interest code shall file a statement disclosing his or her investments, business positions, interests in real property, and income received during the immediately preceding 12 months, as enumerated in the disclosure requirements for that position. The statement shall be filed with the election official with whom the candidate’s declaration of candidacy or other nomination documents to appear on the ballot are required to be filed and shall be filed no later than the final filing date for the declaration or nomination documents. (b) This section does not apply to either of the following: (1) A candidate for an elective office designated in a conflict of interest code who has filed an initial, assuming office, or annual statement pursuant to that conflict of interest code within 60 days before the deadline specified in subdivision (a). (2) A candidate for an elective office who has filed a statement for the office pursuant to Section 87302.6 within 60 days before the deadline specified in subdivision (a). History: Added by Stats. 2007, Ch. 348. § 87302.6. Disclosure by Members of Boards and Commissions of Newly Created Agencies. Notwithstanding Section 87302, a member of a board or commission of a newly created agency shall file a statement at the same time and in the same manner as those individuals required to file pursuant to Section 87200. A member shall file his or her statement pursuant to Section 87302 once the agency adopts an approved conflict-of-interest code. History: Added by Stats. 2002, Ch. 264. References at the time of publication (see page 3): Regulations: 2 Cal. Code of Regs. Section 18117 2 Cal. Code of Regs. Section 18329.5 2 Cal. Code of Regs. Section 18732.5 2 Cal. Code of Regs. Section 18754 § 87303. Submission; Code Reviewing Body. No conflict of interest code shall be effective until it has been approved by the code reviewing body. Each agency shall submit a proposed conflict of interest code to the code reviewing body by the deadline established for the agency by the code reviewing body. The deadline for a new agency shall be not later than six months after it comes into existence. Within 90 days after receiving the proposed code or receiving any proposed amendments or revisions, the code reviewing body shall do one of the following: (a) Approve the proposed code as submitted. (b) Revise the proposed code and approve it as revised. (c) Return the proposed code to the agency for revision and resubmission within 60 days. The code reviewing body shall either approve the revised code or revise it and approve it. When a proposed conflict of interest code or amendment is approved by the code reviewing body, it shall be deemed adopted and shall be promulgated by the agency. History: Amended by Stats. 1975, Ch. 915, effective September 20, 1975, operative January 7, 1975; amended by Stats. 1979, Ch. 686.; amended by Stats. 1997, effective September 24, 1997. References at the time of publication (see page 3): Regulations: 2 Cal. Code of Regs. Section 18329.5 2 Cal. Code of Regs. Section 18351 2 Cal. Code of Regs. Section 18732.5 2 Cal. Code of Regs. Section 18750 2 Cal. Code of Regs. Section 18750.1 2 Cal. Code of Regs. Section 18750.2 2 Cal. Code of Regs. Section 18755 § 87304. Failure to Submit, Adopt or Amend a Proposed Code. If any agency fails to submit a proposed conflict of interest code or amendments, or if any state agency fails to report amendments pursuant to subdivision (b) of Section 87306 within the time limits prescribed pursuant to Section 87303 or 87306, the code reviewing body may issue any appropriate order directed to the agency or take any other appropriate action, including the adoption of a conflict of interest code for the agency. If the code reviewing body does not issue an appropriate order or take other action within 90 days of the deadline imposed on the agency as prescribed in Section 87303 or 87306, the Commission may issue any appropriate order directed to the agency or take any other appropriate action, including the adoption of a conflict of interest code for the agency. The Commission shall consult with the agency before ordering the adoption of a conflict of interest code for the agency. History: Amended by Stats. 1988, Ch. 923; amended by Stats. 1990, Ch. 84; amended by Stats. 1991, Ch. 491. References at the time of publication (see page 3): Regulations: 2 Cal. Code of Regs. Section 18329.5 2 Cal. Code of Regs. Section 18732.5 § 87305. Order to Adopt; Superior Court. If after six months following the deadline for submission of the proposed Conflict of Interest Code
§ 87306. 94 § 87309. to the code reviewing body no Conflict of Interest Code has been adopted and promulgated, the superior court may, in an action filed by the Commission, the agency, the code reviewing body, any officer, employee, member or consultant of the agency, or any resident of the jurisdiction, prepare a Conflict of Interest Code and order its adoption by the agency or grant any other appropriate relief. The agency and the code reviewing body shall be parties to any action filed pursuant to this section. History: Amended by Stats. 1980, Ch. 765. References at the time of publication (see page 3): Regulations: 2 Cal. Code of Regs. Section 18329.5 2 Cal. Code of Regs. Section 18732.5 § 87306. Amendments for Changed Circumstances. (a) Every agency shall amend its Conflict of Interest Code, subject to the provisions of Section 87303, when change is necessitated by changed circumstances, including the creation of new positions which must be designated pursuant to subdivision (a) of Section 87302 and relevant changes in the duties assigned to existing positions. Amendments or revisions shall be submitted to the code reviewing body within 90 days after the changed circumstances necessitating the amendments have become apparent. If after nine months following the occurrence of those changes the Conflict of Interest Code has not been amended or revised, the superior court may issue any appropriate order in an action brought under the procedures set forth in Section 87305. (b) Notwithstanding subdivision (a), every state agency shall submit to the code reviewing body a biennial report identifying changes in its code, including, but not limited to, all new positions designated pursuant to subdivision (a) of Section 87302, changes in the list of reportable sources of income, and relevant changes in the duties assigned to existing positions. These reports shall be submitted no later than March 1 of each odd-numbered year. History: Amended by Stats. 1990, Ch. 84; amended by Stats. 1991, Ch. 491. References at the time of publication (see page 3): Regulations: 2 Cal. Code of Regs. Section 18329.5 2 Cal. Code of Regs. Section 18351 2 Cal. Code of Regs. Section 18732.5 2 Cal. Code of Regs. Section 18736 2 Cal. Code of Regs. Section 18750 2 Cal. Code of Regs. Section 18750.1 2 Cal. Code of Regs. Section 18750.2 2 Cal. Code of Regs. Section 18752 2 Cal. Code of Regs. Section 18755 § 87306.5. Conflict of Interest Code; Local Agency Review. (a) No later than July 1 of each even-numbered year, the code reviewing body shall direct every local agency which has adopted a Conflict of Interest Code in accordance with this title to review its Conflict of Interest Code and, if a change in its code is necessitated by changed circumstances, submit an amended Conflict of Interest Code in accordance with subdivision (a) of Section 87302 and Section 87303 to the code reviewing body. (b) Upon review of its code, if no change in the code is required, the local agency head shall submit a written statement to that effect to the code reviewing body no later than October 1 of the same year. History: Added by Stats. 1990, Ch. 1075. References at the time of publication (see page 3): Regulations: 2 Cal. Code of Regs. Section 18732.5 2 Cal. Code of Regs. Section 18736.1 § 87307. Amendments to Code by Agency; Failure to Act. An agency may at any time amend its Conflict of Interest Code, subject to the provisions of Section 87303, either upon its own initiative or in response to a petition submitted by an officer, employee, member or consultant of the agency, or a resident of the jurisdiction. If the agency fails to act upon such a petition within ninety days, the petition shall be deemed denied. Within thirty days after the denial of a petition, the petitioner may appeal to the code reviewing body. The code reviewing body shall either dismiss the appeal or issue an appropriate order to the agency within ninety days. References at the time of publication (see page 3): Regulations: 2 Cal. Code of Regs. Section 18732.5 2 Cal. Code of Regs. Section 18737 § 87308. Judicial Review. Judicial review of any action of a code reviewing body under this chapter may be sought by the Commission, by the agency, by an officer, employee, member or consultant of the agency, or by a resident of the jurisdiction. History: Amended by Stats. 1980, Ch. 765. References at the time of publication (see page 3): Regulations: 2 Cal. Code of Regs. Section 18732.5 § 87309. Requirements for Approval. No Conflict of Interest Code or amendment shall be approved by the code reviewing body or upheld by a court if it:
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§ 84106. 32 § 84108. she may be r
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Page 71 and 72: § 85401. 70 § 85500. Honoraria”
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