PLEASE NOTE: Publication for public comment is not, and shall not be, construed as a recommendation or approval by the Board of Trustees of the materials published.
The Political Reform Act, Govt. Code §§ 81000 et seq., requires the State Bar to adopt a Conflict of Interest Code for officers, employees or consultants who, during the course of their work for the State Bar, either make or participate in the making of decisions that may have a material effect on their financial interests. The Act also requires regular revisions of the Conflict of Interest Code in order to keep it updated and current.
Under the state’s Political Reform Act, agencies must identify situations where persons who act on the agency’s behalf must disqualify themselves from decision-making because of a financial conflict of interest. The Act requires that agencies designate employee positions whose occupants must report particular financial interests. The State Bar designates these employees by way of a list of Designated Employee Positions. Disclosure Categories assigned to each employee position identify the particular financial interests the employee must report. The list of designated employee positions and the disclosure categories are part of the State Bar’s Conflict of Interest Code. The Act requires the State Bar to periodically revise the designated employee positions and disclosure categories based on changes in the positions or responsibilities.
Proposed revisions to the list of Designated Employee Positions depict the current organizational structure and positions within the State Bar. Defunct positions are deleted. New positions are added based on a reasonable foreseeability that employees in the positions will make or participate in the making of decisions that may have a material effect on their financial interests.
It was concluded that the Disclosure Categories could be combined and realigned to better reflect operational realities. It was also determined that a new disclosure category should be adopted, reflected in new proposed Category 2. This category requires disclosure of financial sources that are subject to the regulatory, permit or licensing authority of the State Bar.
Appendix 1 – Conflict of Interest Code (“Code”)
Appendix 2 – Designated Employee Positions (Appendix A of the Code)
Appendix 3 – Disclosure Categories (Appendix B of the Code)
Dec. 22, 2013