The Fair Political Practices Commission last week amended California Code of Regulations section 18700. This amendment restructured the conflict of interest analysis by providing definitions and consolidating the analysis down to four core questions rather than the common eight-step process. It is the FPPC's goal to make the regulations more easily understood by the regulated community and the public. As with some previous amendments, the FPPC is delaying the publishing of Regulation 18700 until other regulations are amended, which will also delay the effective date of the amendment until 30 days after being published.

Below is a complete list of regulations the FPPC has recently adopted but delayed as it continues with its project to revise the conflict of interest regulations. 

• 18700 Basic Rule; Application - Definitions; Guide to Conflict of Interest Regulations (amended); adopted on April 25, 2013.
• 18706 Determining Whether a Financial Effect is Reasonably Foreseeable (amended); adopted in September 2012.
• 18706.1 Real Estate or Professional License (adopted); adopted in September 2012.

In addition, this year the FPPC intends to focus on:

1. developing new materiality standards for business interests, sources of income and personal financial effect;
2. reexamining the rules for what is “distinguishable from the public generally” while attempting to simplify this calculation, especially with respect to real property;
3. determining an appropriate interpretation of when someone is “participating in” a governmental decision;
4. providing usable and workable definitions, including the definition of “consultant” and “otherwise related business entities;” and
5. providing a regulation that will serve as a guide to determine when an organization is acting as a government agency.

For more information on this FPPC project and how it may affect your agency, please contact Dianna Valdez or Grover Trask in BB&K’s Public Policy & Ethics Group, or your BB&K attorney.