SUBJECT

Conflict of Interest Code for Designated Employees (2010) – 30-Day Public Comment

Publication for public comment is not, and shall not be construed as, a recommendation or approval by the Board of Governors of the materials published.

DISCUSSION

The Political Reform Act, Govt. Code §§ 81000 et seq., requires the State Bar to adopt a Conflict of Interest Code for officers, employees or consultants who, during the course of their work for the State Bar, either make or participate in the making of decisions that may have a material effect on their financial interests. The Act also requires regular revisions of the Conflict of Interest Code in order to keep it updated and current.

Under the state’s Political Reform Act, agencies must identify situations where persons who act on the agency’s behalf must disqualify themselves from decision-making because of a financial conflict of interest. The Act requires that agencies designate employee positions whose occupants must report particular financial interests. The State Bar designates these employees by way of a list of Designated Employee Positions. Disclosure Categories assigned to each employee position identify the particular financial interests the employee must report. The list of designated employee positions and the disclosure categories are part of the State Bar’s Conflict of Interest Code. The Act requires the State Bar to periodically revise the designated employee positions and disclosure categories based on changes in the positions or responsibilities.

PROPOSAL

Revisions to the List of Designated Employees
Proposed revisions to the list of Designated Employee Positions depict the current organizational structure and positions within the State Bar. Defunct positions are deleted. New positions are added based on a reasonable foreseeability that employees in the positions will make or participate in the making of decisions that may have a material effect on their financial interests. The disclosure category numbers for certain designated employee positions are modified because the job duties changed. 

Disclosure Categories and the State Bar’s Conflict of Interest Code
No changes are recommended for the State Bar’s Disclosure Categories or Conflict of Interest Code for Designated Employees.

ANY KNOWN FISCAL/PERSONNEL IMPACT

None known.

ATTACHMENTS

• Appendix A – Designated Employee Positions
• Appendix B – Disclosure Categories
• Appendix C – Conflict of Interest Code

SOURCE

Board Committee on Operations, November 19, 2010

COMMENT DEADLINE

December 20, 2010

DIRECT COMMENTS TO: (Comments must be submitted in writing)

Pat Bermudez
The State Bar of California
Office of General Counsel
180 Howard Street
San Francisco, CA 94105
415-538-2270
415-538-2321 Fax
pat.bermudez@calbar.ca.gov

• Board of Governors Agendas
   
• Commission for the Revision of the Rules of Professional Conduct
   
• Committee on Professional Responsibility and Conduct
   
• Professional Competence (Ethics)
   
• State Bar Court

Selected Legal Authority

• Constitution Excerpts
• The State Bar Act (Bus. & Prof. Code §§ 6000 et seq.)
• California Rules of Court
• Related Statutes

Rules

• Rules of the State Bar of California
• Rules of Professional Conduct