Conflict of Interest Code Exemptions

Regulation 18751 provides the procedure and standards for obtaining an exemption from Government Code Section 87300, which requires adoption and promulgation of a conflict of interest code.

Exemptions are granted if any of the following applies:

  1. If the agency were to adopt a Conflict of Interest Code, there would be no "designated employees," within the meaning of Government Code Sections 82019 and 87302(a);
  2. The agency is, or within one year will be, inoperative and nonfunctioning;
  3. The agency is a committee, board, or commission that does not possess decision-making authority as defined in 2 Cal. Code Regs. Section 18700, and both of the following apply:(a) the agency will not acquire real property in the foreseeable future and (b) the annual operating budget exclusive of salaries for the agency is less than $150,000;
  4. Good cause exists for granting an exemption due to extraordinary circumstances that indicate the burden on the agency of adopting a conflict of interest code is not  warranted by the degree of likelihood that a conflict of interest may occur. 

Within 30 days after the exemption is granted, any interested party may submit a request that the grant of exemption be reconsidered by the Commission. If you have further questions, please Ask the FPPC for Advice