WEBVTT

1
00:00:01.400 --> 00:00:13.529
Three different sets of rules decide when you must step away from a vote: the Political Reform Act, a contracts law known by its section number, 1090, and the Levine Act on campaign money.

2
00:00:13.529 --> 00:00:19.852
A fourth set, the common law of fair hearings, can disqualify you even when none of the others do.

3
00:00:19.852 --> 00:00:27.236
The Political Reform Act says you may not make, participate in, or influence a decision in which you have a financial interest.

4
00:00:27.236 --> 00:00:31.422
The state's Fair Political Practices Commission now asks five questions.

5
00:00:31.422 --> 00:00:32.643
What is the interest?

6
00:00:32.643 --> 00:00:35.259
Is a financial effect reasonably foreseeable?

7
00:00:35.259 --> 00:00:36.131
Is it material?

8
00:00:36.131 --> 00:00:39.387
Is it different from the effect on the public generally?

9
00:00:39.387 --> 00:00:42.643
And are you actually making or influencing the decision?

10
00:00:42.643 --> 00:00:45.783
Your home is the interest that catches most officials.

11
00:00:45.783 --> 00:00:51.248
If a project is within five hundred feet of property you own, the effect is presumed material.

12
00:00:51.248 --> 00:01:01.074
Between five hundred and one thousand feet, it is material if the decision changes the property's development potential, its value, or the character of the neighborhood.

13
00:01:01.074 --> 00:01:04.213
Beyond one thousand feet, it is presumed not material.

14
00:01:04.213 --> 00:01:13.981
Sources of income of five hundred dollars or more in the past year count too, as do gifts above the annual limit, which is six hundred thirty dollars for 2025 and 2026.

15
00:01:13.981 --> 00:01:16.132
When you must recuse, do it properly.

16
00:01:16.132 --> 00:01:19.446
Right before the item, say publicly what the interest is.

17
00:01:19.446 --> 00:01:22.528
For your home, saying it is your residence is enough.

18
00:01:22.528 --> 00:01:23.691
Then leave the room.

19
00:01:23.691 --> 00:01:27.179
On a consent calendar you may stay in your seat and abstain.

20
00:01:27.179 --> 00:01:28.599
Section 1090 is harsher.

21
00:01:28.599 --> 00:01:35.108
It covers contracts, and it presumes that every member of a body is involved in every contract the body makes.

22
00:01:35.108 --> 00:01:45.168
So stepping aside usually does not fix the problem: the whole body is barred, the contract is void, and a willful violation is a crime that bars you from office for life.

23
00:01:45.168 --> 00:01:50.612
The classic trap is a council member who works for a nonprofit that is seeking a city grant.

24
00:01:50.612 --> 00:01:56.884
Abstaining does not help, because a salaried job is not one of the narrow remote interests the law allows.

25
00:01:56.884 --> 00:02:01.195
The Levine Act is about campaign money from people with business before you.

26
00:02:01.195 --> 00:02:14.183
Since 2025, an official covered by it may not accept more than five hundred dollars from a party to a permit, license, entitlement, or non-competitive contract while the matter is pending, or for twelve months after the decision.

27
00:02:14.183 --> 00:02:22.464
If you did receive more than that in the past twelve months, you must disclose it and step aside, unless you return the excess within thirty days.

28
00:02:22.464 --> 00:02:24.506
Who is covered depends on your seat.

29
00:02:24.506 --> 00:02:29.780
A member of a purely advisory commission, with no power over these decisions, is not covered.

30
00:02:29.780 --> 00:02:34.374
A candidate who holds no decision-making seat is not covered during the campaign.

31
00:02:34.374 --> 00:02:43.449
But once sworn in, the Act reaches back twelve months, so a large contribution from someone with a pending council matter can cost you a vote on your first day.

32
00:02:43.449 --> 00:02:48.327
A planning commissioner who runs for council is covered from the start, in both roles.

33
00:02:48.327 --> 00:02:49.662
Finally, fair hearings.

34
00:02:49.662 --> 00:02:55.814
On a quasi-judicial item, courts set aside decisions that show an unacceptable probability of actual bias.

35
00:02:55.814 --> 00:03:05.159
A Hermosa Beach council member was disqualified from voting on a condominium project near his home after he had circulated petitions against the same applicants.

36
00:03:05.159 --> 00:03:12.589
A Los Angeles planning commissioner's vote was voided because he had secretly written a newsletter article opposing the project.

37
00:03:12.589 --> 00:03:17.348
A Newport Beach council member could not file an appeal himself and then judge it.

38
00:03:17.348 --> 00:03:18.799
The protection is simple.

39
00:03:18.799 --> 00:03:26.461
At the start of each quasi-judicial item, disclose who you talked to about it, when, and what you learned, including any site visit.

40
00:03:26.461 --> 00:03:30.466
Avoid all contacts between the close of the hearing and the decision.

41
00:03:30.466 --> 00:03:35.980
And never say in public that you will never approve a project while its application is pending.

42
00:03:35.980 --> 00:03:40.507
For more, see the legal ground rules section of the Local Official's Handbook.
