By John Pinkney
The Act does not explicitly state rules that prevent a person from seeking a term in office because of conflict-of-interest matters. This applies to people seeking public and private offices. The definition of “conflict-of-interest” is only pertinent once a person has succeeding in running for, and holding an official position. This definition is clearly outlined in the case known as Eldridge vs. Sierra View Hospital District, 224 California Application 3d 311 posted in 1990.
Conflicts of interest are not able to prevent a person from running for office, or holding a seat. The provision is intended to prevent an official from engaging in official decisions that have personal financial implications. In accordance with the Act, every instance of perceived conflicts-of-interest are analyzed on a case-to-case basis.
Public Official Definitions From The Attorney General
* A public official holds an office that is created by the state Constitution, or another law.
* The office is intended to be permanent according to term limits.
* An official who performs duties in the public interest, and acts with the authority of state powers occupies the office.
Public officers are separate from public employees. They have explicit powers that work in accordance with legislative actions. These powers can be executive in nature, or specialized as determined by state powers and the expertise of a Coachella Valley public law attorney.
The Act also does not limit individuals from holding multiple official positions. Whether in a single agency, or multiple agencies, there is no provision prohibiting the holding of multiple official positions through lawful election.
Official Incompatibility Definition (per California law §1099)
* Two offices exercising audits, member removal, employee dismissal, and supervisory roles simultaneously.
* Inter-office loyalty and duty disagreements.
* Officers holding positions that contradict public policies.
The Attorney General has interpretive powers when deciding on instances of incompatibility. Each definition is subject to the Attorney General’s interpretation of the Act.
Holding Public Office and a Private Employment Title
The Act has no provision preventing public officials from holding private employment positions. This is predicated however, on the notion that no private financial decisions will conflict with public office duties.
The Act also does not prevent an official from seeking employment with the brokerage firm Merrill-Lynch. Merrill-Lynch city contracts are separate from other duties of the offices of public officials. In accordance with all statutes concerning conflicts-of-interest and the Rede Advice Letter, #I-93-023, public officials employed by Merrill-Lynch must not allow private employment duties to interfere with public office duties. This includes all material affects and decisions concerning financial matters in any capacity.