18115. Duties of Filing Officers and Filing Officials - Statements of Economic Interests
The filing officer is the person or agency which receives and retains original
statements of economic interests (Section 87500). The duties of filing officers
are set forth in subsection (a) of this regulation. Subsection (b) of this regulation
describes the duties of agency officials who receive original statements of
economic interests and are required to make and retain a copy of such statements
and forward the original to the filing officer.
An official who is both a filing officer and an official who receives statements
and forwards the originals to the filing officer will have duties under subsections
(a) and (b) of this regulation.
(a) Filing officers who are responsible for statements of economic interests
shall:
(1) Supply the necessary forms and manuals prescribed by the Fair Political
Practices Commission;
(2) Determine whether the proper statements have been filed and whether:
(A) The cover sheet includes the name and address of the filer, the period covered
and the type of statement;
(B) The summary page is completed, and the required schedules are attached as
indicated;
(C) All information is legible, and readable reproductions of the statement
can be made.
(3) Promptly notify the filer if a statement does not satisfy the requirements
of subsection (a)(2).
(4) Review the information contained in at least 20 percent of the statements
which are filed on time, at least half of which must be selected on a random
basis, and the information contained in all statements which are filed late,
to determine whether:
(A) The summary page is completed correctly, and all schedules applicable to
the filer are either attached or checked “no reportable interests.”
(B) The attached schedules include all required descriptive information for
each financial interest.
(C) Information contained on one schedule suggests that required information
is omitted on either that schedule or another schedule.
(5) Promptly notify the filer if the review of the schedules indicates that
the filing is incomplete or incorrect in any material respect.
(6) Report apparent violations of the Political Reform Act to the appropriate
agencies. An apparent violation exists when:
(A) The filing officer knows or has reason to believe that the statement contains
material inaccuracies or omissions;
(B) A filer fails to file all or part of his statement or refuses to file all
or part of his statement after reasonable notice has been provided by the filing
officer.
(7) Compile and maintain a current list of all statements filed with the office.
(b) Agency officials who receive statements of economic interests and forward
those statements, as required by Government Code Section 87500, to the filing
officer shall:
(1) Forward the statements to the filing officer no later than five days after
the filing deadline or five days after receipt in the case of a statement filed
late. The official shall indicate the date of the agency's receipt on the face
of the statement and shall also make and retain a copy of each statement forwarded
to the filing officer;
(2) Supply the necessary forms and manuals prescribed by the Fair Political
Practices Commission;
(3) Notify the filing officer of the following events within ten days of their
occurrence:
(A) An election held in the jurisdiction, names of the candidates, the persons
elected, and the office to which each person was elected;
(B) A vacancy in an office;
(C) Any other event affecting filing obligations.
(4) Notify the filing officer no later than February 1 of each year of the names
and positions of every person whose statements must be forwarded to the filing
officer;
(5) Compile and maintain a current list of all statements forwarded to the filing
officer.
Note: Authority cited: Section 83112, Government Code
Reference: Sections 81010, 87500, Government Code
History:
(1) New section filed 11/4/75; effective 12/4/75.
(2) Amendment of section title filed 5/22/78; effective 6/21/78.
(3) Amendment filed 10/2/78; effective 11/1/78.
(4) Amendment filed 1/25/80; effective 2/24/80.
(5) Editorial correction to title; effective 10/29/82.
(6) Amendment filed 7/16/85; effective 8/15/85.