Conflict of Interest Code for Designated Employees

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.

SUBJECT

Conflict of Interest Code for Designated Employees (2011) – 30 Day Public Comment

BACKGROUND

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.

PROPOSAL:

Revisions to the List of Designated Employees

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. 

Disclosure Categories and the State Bar’s Conflict of Interest Code

No changes are recommended for the State Bar’s Disclosure Categories or Conflict of Interest Code for Designated Employees.

KNOWN FISCAL/PERSONNEL IMPACT

None known

ATTACHMENTS:

• Appendix A – Designated Employee Positions
• Appendix B – Disclosure Categories
• Appendix C – Conflict of Interest Code

SOURCE:

Board Committee on Operations
December 14, 2011
Agenda Item

DEADLINE:

January 14, 2012

DIRECT COMMENTS TO:

Pat Bermudez
Office of General Counsel
180 Howard Street, San Francisco, CA 94105
Phone: 415-538-2270
Fax: 415-538-2321
E-mail: pat.bermudez@calbar.ca.gov