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Form 700 - Statement of Economic Interests
Two types of public officials complete the Form 700.
- If you file this form because you hold a position listed under Gov. Code section 87200, or you are filing as a board/commission member of a newly created agency not yet covered under a conflict-ofinterest code, disclose all of your economic interests in your agency’s jurisdiction. (See Appendix-1 for a complete list of 87200 filers and information on newly created agencies.)
- If you file because your position is listed in a state or local agency’s conflict-of-interest code, review your disclosure categories because they will describe the specific interests you must report. Obtain your disclosure categories from your agency. They are part of your agency’s conflict-of-interest code, and are not contained in the Form 700.
The Political Reform Act (Gov. Code sections 81000-
91015) requires most state and local government
officials and employees to publicly disclose their
personal assets and income. They also must
disqualify themselves from participating in decisions
which may affect their personal economic interests.
The Fair Political Practices Commission (FPPC) is
the state agency responsible for issuing the attached
Statement of Economic Interests, Form 700, and for
interpreting the law’s provisions.
Gift Prohibition
Most state and local officials, employees, and
candidates are prohibited from accepting gifts totaling
more than $360 (effective January 1, 2005) in a
calendar year from a single source.
In addition, state officials, state candidates, and
certain state employees are subject to a $10 limit per
calendar month on gifts from lobbyists and lobbying
firms registered with the Secretary of State. (See
Appendix-7 for more detailed information.)
State and local officials and employees also should
check with their agency to determine if any other
restrictions apply.
Gift Prohibition
Most state and local officials, employees, and
candidates are prohibited from accepting gifts totaling
more than $360 (effective January 1, 2005) in a
calendar year from a single source.
In addition, state officials, state candidates, and
certain state employees are subject to a $10 limit per
calendar month on gifts from lobbyists and lobbying
firms registered with the Secretary of State. (See
Appendix-7 for more detailed information.)
State and local officials and employees also should
check with their agency to determine if any other
restrictions apply.
Honorarium Ban
Most state and local officials, employees, and
candidates are prohibited from accepting an honorarium
for any speech given, article published, or attendance at
a conference, convention, meeting, or like gathering.
(See Appendix-7 for more detailed information.)
Loan Prohibitions
State and local public officials may not receive any
personal loan totaling more than $250 from an official,
employee, or consultant of, or from anyone who
contracts with, their governmental agencies. In
addition, elected officials may not receive any personal
loan totaling more than $500 from a single lender
unless certain terms of the loan are specified in writing.
Under certain circumstances, a personal loan that is
not being repaid or is being repaid below certain
amounts may become a gift to the official who received
it. (See Appendix-10 for more detailed information.)
Disqualification
Public officials are, under certain circumstances,
required to disqualify themselves from making,
participating in, or attempting to influence governmental
decisions that will affect their economic interests. This
may include interests they are not required to disclose
(for example, certain sources of income of $500 or
more are not reportable, but may be disqualifying).
Specific disqualification requirements apply to 87200
filers (for example, city councilmembers, members of
boards of supervisors and planning commissioners).
These officials must orally identify the economic
interest that creates a conflict of interest and leave the
room before a discussion or vote takes place at a
public meeting. For more information, consult
Government Code section 87105 and regulation
18702.5, or refer to the booklet entitled “Can I Vote?
Conflicts of Interest Overview,” all of which are
available on the FPPC website. Visit www.fppc.ca.gov
and click on the Library & Publications icon.
Post-Governmental Employment
Members of the State Legislature and certain state
agency officials and employees who leave office are
subject to restrictions on representing clients or
employers before their former agencies. For more
information, refer to the fact sheet entitled “Leaving
Your State Job? Post-Employment Restrictions May
Affect You,” available on the FPPC website.
Registered Domestic Partners (Effective January 1,
2005)
When reporting activity for the year 2005, filers must
report investments and interests in real property held
by, and sources of income to, registered domestic
partners. In most cases this will apply to assuming or
leaving office statements. (In re Roberts (2004) 17
FPPC Ops. 9.)
Federal Employees (Effective January 1, 2005)
A federal officer or employee serving in an official
federal capacity on a state or local government
agency is not required to fill out the Form 700. (SB
1353, Chapter 484, Stats. 2004.)
Late Filing
The filing officer who retains originally signed
statements of economic interests may impose a fine for
any statement that is filed late. The fine is $10 per day
up to a maximum of $100. Late filing penalties can be
reduced or waived under certain circumstances.
Persons who fail to timely file their Form 700 may be
referred to the FPPC’s enforcement division (and in
some cases to the Attorney General or district
attorney) for investigation and possible prosecution.
In addition to the late filing penalties, a fine of up to
$5,000 per violation may be imposed.
For assistance concerning reporting, prohibitions,
and restrictions under the Act:
- Call the FPPC toll-free at (866) ASK-FPPC.
- See the booklet entitled “Your Duty to File: A Basic Overview of State Economic Disclosure Law and Reporting Requirements for Public Officials.”
-- Raymond Lutz - 10 Sep 2007 |