Revised Conflict of Interest Regulations

In 2013, the FPPC began a comprehensive review of regulations relating to financial conflicts of interests by public officials. The goal was to simplify the conflicts analysis by making it more concise and user-friendly. The FPPC completed these revisions in 2015, resulting in a number of significant changes to the conflict of interest rules.

The regulations have been renumbered, and in some cases, reorganized and condensed. The following conversion charts reflect the regulatory changes by listing both the new regulation alongside the former, relevant regulations.

Regulatory Changes

New Regulation

Reference: Former Regulation

18700 - Basic Rule and Guide to Conflict of Interest Regulations

Former 18700, 18701, 18703, 18703.1, 18703.2, 18703.3, 18703.4, and 18703.5

18700.1 - Definitions: Source of Income, Commission Income and Incentive Income

Former 18703.3

18700.2 - Parent, Subsidiary, Otherwise Related Business Entity: Defined

Former 18703.1

18700.3 - Consultant, Public Official Who Manages Public Investments: Definitions

Former 18701

18701 - Determining Whether a Financial Effect Is Reasonably Foreseeable

Former 18706

18701.1 - Real Estate or Professional License

Former 18706

18702 - Materiality Standards

Former 18705

18702.1 - Materiality Standard: Financial Interests in Business Entities

Former 18704.1 and 18705.1

18702.2 - Materiality Standard: Financial Interest in Real Property

Former 18704.2 and 18705.2

18702.3 - Materiality Standard: Financial Interest in a Source of Income

Former 18704.1, 18705.3, and 18707.5

18702.4 - Materiality Standard: Financial Interest in Source of Gift

Former 18704.1 and 18705.4

18702.5 - Materiality Standard: Financial Interest in a Personal Financial Effect

Former 18704.5 and 18705.5

18703 - Public Generally

Former 18707, 18707.1, 18707.2, 18707.4, 18707.6, and 18707.9

18704 - Making, Participating in Making, or Using or Attempting to Use Official Position to Influence a Governmental Decision, Defined

Former 18702, 18702.1, 18702.2, 18702.3, and 18702.4

18705 - Legally Required Participation

Former 18708

18706 - Governmental Decision: Segmentation

Former 18709

18707 - Disqualification Requirements

Former 18702.1 and 18702.5

Former Regulation

Reference: New Regulations

18700 - Basic Rule; Guide to Conflict of Interest Regulations

Current 18700

18701 - Public Official, Definitions

Current 18700 and 18700.3

18702 - Making, Participating in Making, or Using or Attempting to Use Official Position to Influence a Government Decision, Defined

Current 18704

18702.1 - Determining When a Public Official is Making a Governmental Decision

Current 18704 and 18707

18702.2 - Determining When a Public Official is Participating in Making a Governmental Decision

Current 18704

18702.3 - Determining When a Public Official is Using or Attempting to Use His/Her Official Position to Influence a Governmental Decision

Current 18704

18702.4 – Exceptions

Current 18704

18702.5 - Public Identification of a Conflict of Interest for Section 87200 Filers

Current 18707

18703 - Economic Interests, Defined

Current 18700

18703.1 - Economic Interest, Defined: Business Entities

Current 18700 and 18700.2

18703.2 - Economic Interest, Defined: Real Property

Current 18700

18703.3 - Economic Interest, Defined: Source of Income

Current 18700 and 18700.1

18703.4 -Economic Interest, Defined: Source of Gifts

Current 18700

18703.5 - Economic Interest, Defined: Personal Finances

Current 18700

18704 - Determining Whether an Economic Interest Is Directly or Indirectly Involved in a Governmental Decision

Repealed

18704.1 - Determining Whether Directly or Indirectly Involved in a Governmental Decision; Business Entities, Sources of Income, Sources of Gifts

Current 18702.1, 18702.3, 18702.4

18704.2 - Determining Whether Directly or Indirectly Involved in a Governmental Decision: Interest in Real Property

Current 18702.2

18704.5 - Determining Whether Directly or Indirectly Involved in a Governmental Decision: Economic Interest in Personal Finances

 

Current 18702.5

18705 - Standards for Determining Whether a Financial Effect on an Economic Interest Is Material

Current 18702

18705.1 - Materiality Standard: Economic Interests in Business Entities

Current 18702.1

18705.2 - Materiality Standard: Economic Interests in Real Property

Current 18702.2

18705.3 - Materiality Standard: Economic Interests in Persons Who Are Sources of Income

Current 18702.3

18705.4 - Materiality Standard: Economic Interests in Persons Who Are Sources of Gifts

Current 18702.4

18705.5 - Materiality Standard: Economic Interests in Personal Finances

Current 18702.5

18706 - Determining Whether a Material Financial Effect is Reasonably Foreseeable

Current 18701

18707 - Public Generally

Current 18703

18707.1 - Public Generally. General Rule

Current 18703

18707.2 - Special Rule for Rates, Assessments, and Similar Decisions

Current 18703

18707.4 - Public Generally: Appointed Members of Boards and Commissions

Current 18703

18707.5 - Sources of Income to Owners of Retail Business Entities

Current 18702.3

18707.6 - States of Emergency

Current 18703

18707.7 - Public Generally: Industries, Trades, or Professions

Repealed

18707.9 - Public Generally – Residential Properties

Current 18703

18707.10 - Public Generally, Small Jurisdictions; Effects on Official’s Domicile

Repealed

18708 - Legally Required Participation

Current 18705

18709 - Governmental Decision: Segmentation

Current 18706