Wolk bill to prevent conflict of interest moves forward

Measure will provide locals with legal advice from state political watchdog

SACRAMENTO–Legislation by Assemblywoman Lois Wolk (D-Davis) to provide local elected officials counsel on complicated conflict-of-interest questions passed the Senate Committee on Elections, Reapportionment, and Constitutional Amendments yesterday.

Assembly Bill 1558 sets up a three-year pilot project for California’s political watchdog agency, the Fair Political Practices Commission (FPPC), to provide local elected officials advice of conflict of interest questions related to areas of the law not currently under the jurisdiction of the FPPC. California law contains a provision, Government Code section 1090, wherein public officials with an economic interest in a contracting decision are considered to have participated, voiding the contract, even if they recuse themselves.

“This is an important law, but it can also be a trap for the unwary,” said Wolk. “There is no formal advice provided by the FPPC under the Political Reform Act, and the provision is so complex that local agency counsel is hesitant to give advice on the matter.

“AB 1558 carries out a bipartisan recommendation to update the Political Reform Act to provide a one-stop shop for conflict-of-interest advice on possible violations of Section 1090. My bill seeks to provide guidance to prevent conflicts without undermining prosecutors’ ability to enforce the law.”

AB 1558, which goes to the Senate Appropriations Committee for further consideration, is sponsored by the Fair Political Practices Commission and supported by the League of California Cities, the City of Sacramento, and CalPERS.