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