Loading...
HomeMy WebLinkAboutB-02 - FPPC Candidates & Campaign CommitteesCalifornia Fair Political Practices Commission Candidates and Campaign Committees The FAQs listed below are selected from FPPC Campaign Disclosure Manuals. Because campaign activity varies among persons and committees, the FPPC manuals, regulations, and fact sheets (including one on electronic media) should be reviewed. All efforts have been made to provide helpful, easy to understand answers to questions regarding common campaign events. However, persons may only receive immunity from an enforcement action by requesting written advice. New Sender Identification Rule Effective April 6, 2011, all campaign committees, including candidate, ballot measure, general purpose, major donor and independent expenditure committees, must provide the words "Paid for by" when the committee sends a mass mailing. This identification must be presented in the same size and color as the committee name - -no less than 6 point type and in a color or print that contrasts with the background and is easily legible. The words "Paid for by" shall be immediately adjacent to and above or immediately adjacent to and in front of the committee name and address. (FPPC Regulation 18435) Examples: Paid for by Committee to Elect Johnson to City Council 2012, 1010 Main Street, Sacramento, CA 95555 Paid for by: Committee for Green Technology sponsored by the Northern California Technology Association, 918 Banner Ave., Sacramento, CA 95555. Frequently Asked Campaign Questions Getting Started 1. Q. We would like to get our committee ID number as soon as possible. Must we wait until we have raised $1,000 before filing the Statement of Organization, Form 410? A. No. The Secretary of State will issue you a committee ID number upon receipt of the Form 410, even if you have not raised $1,000, which is the threshold for committee qualification. Keep this in mind: • If you file before you qualify as a committee, check the box "Not Yet Qualified." • Once you have reached the $1,000 threshold, file an amendment to the Form 410 reporting the date the committee qualified. • Make sure you have accurately completed the form; the Secretary of State's office will not issue an ID number if the statement is incomplete or has errors. W W W.fooc.0a.0oV 1.866.275.3772 or 916.322.5660 FPPC TAD • 016-04.2011 (rev 2) • Page 1 of 9 L J California Fair Political Practices Commission Candidates and Campaign Committees To obtain your committee's ID number, after filing the Form 410, go to www.sos.ca.gov, click onto "Campaign Finance" under "Political Reform." In the "Cal- Access Search" box in the upper left corner, type in the name of the committee and then click on "GO." 2. Q. Are there any specific accounting qualifications for someone to be able to serve as treasurer or any conditions that would disqualify someone from being able to serve as treasurer, such as the candidate of a controlled committee? A. No. 3. Q. Who must be identified on the Statement of Organization, Form 410? A. The name and contact information of the treasurer and principal officers, if any, must be provided, in addition to any candidate controlling the committee. If you choose someone to be the assistant treasurer, you must provide this person's name and contact information, as well. 4. Q. What are the requirements for the name of the committee? A. For a candidate's campaign committee, at a minimum, the committee's name must include the candidate's last name, office sought, and year of the election. For example, "Wallace for Supervisor 2012" or "Re -elect Rosa in 2012 for Water Board" would meet the naming requirements; the name of the jurisdiction, such as the city or county, and • district number are not required. For a primarily formed ballot measure committee, the committee's name must include: • The measure's designation (Proposition 124; Measure BB); The committee's position, support or oppose, on the measure; If sponsored, the name(s) of the sponsor(s); • If a recall committee, the name of the officeholder subject to the recall and whether the committee supports or opposes the recall; • If the committee has received $50,000 or more cumulatively from a major donor, a name or phrase that identifies the economic or other special interest of the major donor; • If a committee has received $50,000 or more from major donors with a common employer, the name of the employer of the major donors; • If a committee has received $50,000 or more from a major donor who is a candidate or a candidate's controlled committee, the name of the candidate or the candidate's controlled committee. See Form 410 instructions for more naming requirements. 5. Q. Are committee records and source documentation required to be kept on paper, or may the committee use an electronic recordkeeping system? A. Electronic records are permitted, provided that all of the required information is collected and recorded in a timely and uniform manner that ensures the accuracy and reliability of www.fooc.ca.gov 1.866.275.3772 or 916.322.5660 FPPC TAD • 016-04.2011 (rev 2) • Page 2 of 9 • California Fair Political Practices Commission Candidates and Campaign Committees the information. Committees are responsible for ensuring that electronic records can be read and /or printed for auditing purposes during the applicable retention period — four years from the date the campaign statement was filed. Fundraising 6. Q. We received two contributions of $99 from one contributor. Is this contributor now itemized on Form 460, Schedule A? A. Yes. When a person's contributions aggregate to $100 or more during the same calendar year, the contributor must be itemized. 7. Q. We are charging $100 per plate for a dinner fundraiser for our committee. The actual cost of the event to our committee will be $25 per person. What amount is considered as the contribution received? A. The entire cost of the ticket for the fundraiser is the amount of the contribution. Report $100 as the contribution; do not subtract the $25 per person cost of the fundraiser. 8. Q. At our next fundraiser, we intend to charge $50 per person. Mayan attendee pay with a $100 bill? A. No. You may not accept $100 in cash, even if you immediately provide change. ® Campaigns may not accept cash of $100 or more from a single source. You may, however, accept personal checks, debit cards, or credit card payments. 9. Q. Is volunteer work provided by some people considered a nonmonetary contribution because of the volunteer's profession, such as free legal advice provided by a lawyer or bookkeeping done by a CPA? A. No. Volunteer personal services, regardless of the profession of the individual providing them, are not reportable; you are not required to determine the value of their services or keep records regarding how long they volunteered. Volunteers paid by a third party for the services do not meet this exception. 10. Q. Janice is hosting a gathering in her home for me to meet some of her neighbors. She will spend $425 to provide tea, coffee, wine, cheese, and fruit. Is the amount she pays for the event considered a nonmonetary contribution to my campaign? A. This event meets the home /office fundraiser exception to a contribution. As long as Janice does not spend more than $500 on any one event held in her home or office, you are not required to report receipt of a contribution for her costs to host the event. 11. Q. May we use a private service, such as PayPal, to collect contributions electronically? A. Yes, as long as the service you employ is able to provide all the information you need to meet the recordkeeping requirements, such as the name, address, occupation, and employer of individual contributors of $100 or more. The entire amount of the contribution is disclosed. The amount charged by the private service is reported as an expenditure. w .fooc.ca.aov 1.866.275.3772 or 916.322.5660 FPPC TAD • 016-04.2011 (rev 2) • Page 3 of 9 • California Fair Political Practices Commission Candidates and Campaign Committees 12.Q. We received a check for $100, but the individual has not provided us with her occupation and employer. What should we do? A. Contact the contributor and request the information. If you have not received it by the time you must report receipt of the contribution, indicate that you have requested the information and amend your statement when the information is received. However, if you have not received the information within 60 days of receipt of the contribution, you must return the contribution. 13. Q. We received a contribution of $5, 000 from an individual. Are there any special reporting or noticing requirements? A. Yes. Within two weeks of receipt, you must notify the contributor in writing that he or she may need to file a major donor report. Language for the notice is found in the manual. An individual qualifies as a major donor if their contributions to state and local candidates and committees total $10,000 or more in a calendar year. Expenditures 14. Q. The campaign credit card was used to buy $600 worth of printing. How is this reported? A. On Schedule E or F of the Form 460, list the name and address of the credit card's financial institution, plus the amount spent. Underneath this, provide the name and ® address of the vendor and the amount spent on the printing. L J 15. Q. Is it permissible to have an agreement with an independent contractor (e.g., the committee fundraiser) to pay additional money if we surpass our fundraising goals? A. Yes, under the Political Reform Act, you may make contingency agreements that the committee will not pay a contractor unless a particular outcome is achieved in fundraising or campaign results, or that a bonus will be paid depending upon an outcome. The arrangement should be made part of the written contract. Candidates Only 16. Q. Do I have any reporting obligations if a blogger or other individual endorses my candidacy in their internet communications? A. No. The Commission does not regulate an individual sending or forwarding email or linking to a website. An individual's use of their personal computer and personal email list does not trigger reporting. 17. Q. Are emails sent by my campaign required to have a disclosure statement such as `paid for by Candidate Jones "? A. A disclosure statement is not currently required on bulk emails sent by a campaign but is encouraged. www.fooc.ca.00v 1.866.275.3772 or 916.322.5660 FPPC TAD • 016-04.2011 (rev 2) • Page 4 of 9 i California Fair Political Practices Commission Candidates and Campaign Committees 18. Q. When may I begin to solicit and raise funds for my election? A. You must file Form 501 before any contributions are solicited or received. Form 501 is considered filed as soon as you have personally submitted the Form 501, or placed it in the mail, to your filing officer. 19. Q. Am I required to file Form 501 when I run for reelection to the same office? A. Yes. You must file a separate Form 501 for each election, including reelection to the same office, prior to raising or spending any money for the new election. 20. Q. I do not intend to raise any funds from others and will not be spending any money other than my personal funds for the filing fee and ballot statement fee. Do 1 need to open a campaign bank account? M04 21. Q. 1 do not intend to raise funds from others, although I will be spending $1,000 or more of my personal funds on my campaign, other than for the filing fee and ballot statement fee. Do 1 need to open a bank account? A. Yes. Since you plan to spend $1,000 or more for your campaign, you will qualify as a committee. As a result, you will need to open a bank account and must disclose the • bank account information on the Statement of Organization (Form 410). To obtain a federal tax ID number, go to the IRS website. 22. Q. What is the rule regarding spending my own money on my campaign for local office? A. Except for payments for the filing fee and ballot statement fee, you must deposit personal funds into the campaign bank account before making campaign expenditures, even if you do not expect to be reimbursed. You may categorize the funds for your campaign as loans or monetary contributions. You may not make direct campaign expenditures from your personal account or comingle campaign funds with personal funds. 23. Q. What are the contribution limits for local elections? A. The state does not impose contribution limits on local elections. However, you should ask the city clerk or county registrar of voters whether the jurisdiction of the office you seek has any limits. 24. Q. I understand that as the candidate, any personal funds 1 want to spend on my campaign must be placed into the campaign bank account before being spent, but may campaign workers make campaign expenditures with personal funds and be reimbursed at a later date by the committee? A. Yes. Anyone other than the candidate may use personal funds to make campaign expenditures, such as purchasing printing, and be reimbursed after providing a receipt or ® invoice to the campaign. However, if the campaign does not reimburse the individual who made the expenditure within 45 days, the committee must report the amount expended as a nonmonetary contribution received. www.fooc.ca.aov 1.866.275.3772 or 916.322.5660 FPPC TAD • 016-04.2011 (rev 2) • Page 5 of 9 0 California Fair Political Practices Commission Candidates and Campaign Committees 25. Q. As a candidate, I use my personal car to attend campaign events and to meet with the voters. Likewise, 1 make long- distance calls using my home phone to request support from organizations statewide. Even if I do not want to be reimbursed for the use of my car, must I report mileage as a reportable contribution, and how may I have the committee pay for the portion of my home phone bill associated with the campaign? A. Incidental use of your personal car for campaign purposes is not considered a contribution or expenditure and is not reportable. However, if additional charges are added to your home phone bill, calculate the portion that is campaign related when the bill arrives. Have the committee write a check for that portion directly to the phone company; do not pay the bill out of personal funds and get reimbursed. 26. Q. 1 lost my local election and have funds remaining. May I use my excess funds to run again in the next local election? A. If you wish to use funds left over from an unsuccessful race for a future election to the same office, file a new Form 501 and amend your existing Form 410 before the end of the post - election reporting period, which is: June 30 for elections held between January 1 and June 30; December 31 for elections held between July 1 and December 31. If you plan to run for a different office, file a new Form 501, open a new campaign bank account and transfer the funds into it. You must also file a new Form 410 for the new committee. If you do not meet the deadline, the campaign funds will become "surplus" at the end of the post - election reporting period and may not be used to run for office. 27. Q. What committee ID requirements must be included with communications that my candidate controlled committee pays for and produces? A. If your candidate committee pays to: • Send out more than 200 pieces of the same mailer in a calendar month, identification on the outside of the mailer must state "paid for by" as reviewed on page one of this fact sheet. The outside of the mailer must also include the name and the address of the committee and the type can be no less than six -point type, and must be in a color that contrasts with the background (e.g., no white on white); • Make 500 or more phone calls through a phone bank in support of the candidate, or in support or opposition to a ballot measure, the committee's name must be disclosed during the phone call. The FPPC recommends that a committee place its name on all campaign materials. However, there are no specific identification requirements under the Political Reform Act on certain types of communications paid for by a candidate's committee for their own election. such as: • Lawn signs • Buttons or bumper stickers • Billboards w .fmc.ca.aov 1.866.275.3772 or 916.322.5660 FPPC TAD • 016- 04.2011(rev 2) • Page 6 of 9 El California Fair Political Practices Commission Candidates and Campaign Committees • Radio or TV advertisements • Emails, faxes, or websites • Campaign literature not delivered through the mail, such as door hangers or handouts • Phone calls made by volunteers, the candidate, or campaign manager 28. Q. 1 am a law enforcement officer, and I am running for city council. May I wear my uniform at campaign events or when I appear in political advertisements for my campaign? A. The FPPC imposes no restrictions on wearing your uniform; however, you should contact your City Attorney or District Attorney concerning other laws that may pertain to this activity. Ballot Measure Committees Only 29.Q. We have raised $1,000 or more to circulate petitions for a ballot measure. When do we have reporting obligations? A. Reporting obligations begin when proponents start gathering signatures (initiative) or when a legislative body acts to place the proposal on the ballot (referendum). (Notice: Groups may need to maintain records before this period. Refer to Campaign Manual 3 for details.) 30. Q. May a candidate control a ballot measure committee? Must the candidate file a Form 501 (Candidate Intention) for the committee? A. A candidate may control a ballot measure committee as long as the committee's funds are not used to support the candidate's election or to support or oppose other candidates. A Form 501 is not required. 31. Q. Ten days before an election, a primarily formed ballot measure committee for Measure A made a $10, 000 contribution to another primarily formed ballot measure committee for Measure A. Does this contribution trigger the filing of a Form 497? A. Yes, the report is required even if both committees are formed for the same ballot measure. 32. Q. During the last 16 days before the election, our supporters will be paying for phone banks and, therefore, we will receive more than one nonmonetary late contribution from the same source. Rather than file several reports, may our committee file one late contribution report estimating the value of all nonmonetary contributions anticipated to be received from this source during the late contribution reporting period? A. Yes. The committee may make a good faith estimate of the value that will be contributed during the period. File the late contribution report within 48 hours of the first $1,000 in nonmonetary contributions received. If the actual value differs from the estimated amount by 20 percent or more, amend the estimated report within 24 hours from the time you determine the correct amount. w Jooc.ca.aov 1.866.275.3772 or 916.322.5660 FPPC TAD • 016-04.2011 (rev 2) • Page 7 of 9 i California Fair Political Practices Commission Candidates and Campaign Committees 33. Q. What ID disclosure requirements exist for advertisements for which we pay that support our position on the ballot measure? A. When your committee pays for an advertisement in which you are supporting or opposing the ballot measure for which you are primarily formed, the advertisement must include the statement "paid for by" and: • The name of the committee, and • Identification of the top contributors of $50,000 or more. Certain ads require the top two contributors and other ads require only the highest contributor. (See Manual 3 for clarification.) • The name of any individual paid $5,000 or more to appear in the ad. Communications by General Purpose Committees 34. Q. Must the committee's identification number appear on a mass mailing? A. While the committee ID number is not required anywhere on any mailing, if more than 200 pieces of the same or similar mail is sent in a calendar month, the name and address of the committee paying for the mailing must appear somewhere on the outside of the mailing in no less than six -point type and in a color that contrasts with the background (e.g., no white on white). Effective April 6, 2011, the words "paid for by' must also appear as reviewed on page one of this fact sheet. 35. Q. What information must be on a committee's mass mailing if it is sent as an independent expenditure to oppose a candidate? A. The mailing must include a disclosure statement that contains the following: • A statement that the mailer was not authorized by a candidate or a committee controlled by a candidate. • The outside of the envelope must include "paid for by" along with the name and address of the committee that paid for the mailing (no less than 6 point type and in a color contrast). See page one of this fact sheet for an example. Penalties 36. Q. If we file a statement late, what are the consequences? A. The filing officer with whom you file your statement may assess a fine of up to $10 for each day that the statement is late. Failure to file campaign statements may also result www.foocxa.aov 1.866.275.3772 or 916.322.5660 FPPC TAD • 016-04.2011 (rev 2) • Page 8 of 9 California Fair Political Practices Commission Candidates and Campaign Committees in an enforcement referral to the FPPC; you may be fined by the FPPC up to $5,000 per violation. This FAQ fact sheet is not a final decision of the FPPC and does not constitute legal advice or alter any legal right or liability. This fact sheet is not a rule, regulation, or statement binding on the agency. WIM Jp;x.ca.goV 1.866.275.3772 or 916.322.5660 FPPC TAD • 016-04.2011 (rev 2) • Page 9 of 9 New Rules on Reporting Accrued Expenses • WHAT'S NEW WITH "ACCRUED" FPPC Form 460 - Schedule F Previously, when you would report an expense which you accrued in one reporting period but paid in another, that expense would only be reported during the period it was accrued and you would not itemize that expense again. Now, you must continue to itemize that accrued expense through each reporting period until it is paid in full. Example: During the first six months of 1999, you ordered and received literature from a printer at a cost of $2,500, but had yet to pay the printer by June 30. Report the $2,500 unpaid bill as an accrued expense on Schedule F of the semi - annual statement. After that reporting period, you paid the $2,500 bill in full. On your next statement, itemize the accrued expense again on Schedule F and report a beginning balance of $2,500, a payment of $2,500, and a balance owed of $0. You would not report this accrued expense again. Another Example: Perhaps the payment made to the printer was only $1,000, leaving a balance owed of $1,500. On your statement, you will again itemize the accrued expense ano report a beginning balance of $2,500, a payment of $1,000 and a balance owed of $1,500. You will continue to report this accrued expense on subsequent statements until the obligation is paid. If you incurred additional expenses to this printer during the period, you would report that amount as well. Each time you make a payment, that payment will also be reported on Schedule E as expenditure. HOW TO REPORT ACCRUED EXPENSES ON YOUR FIRST FORM 460 If you have an accrued expense of $100 or more outstanding from the previous period, itemize the name and address of the payee /creditor and the appropriate code describing the expenditure on Schedule F. Report the outstanding balance as of the beginning of the reporting period, any additional amounts incurred to this vendor, any payments made against the debt during the reporting period and the outstanding balance as of the end of the reporting period. (It is not necessary to re- itemize sub - vendor payments that have been itemized on a previous statement.) Remember!! Continue to report the accrued expense on subsequent statements until it is paid in full. REPORTING ADMINISTRATIVE EXPENSES: There are certain expenses that may carry over from one reporting period to another that you do not have to report as accrued expenses. These expenses include regularly recurring administrative overhead such as rent, utilities, phones, campaign workers' salaries, etc., if the payment due date has not occurred at the end of the reporting period. Campaign workers' salaries only include payments to those individuals for whom the committee is paying federal and state employment taxes. Consultant contracts and contracts with independent contractors are not considered regularly occurring administrative overhead of a committee. ANSWERING YOUR QUESTIONS: Q: When are unpaid bills reportable as accrued expenses? A: The basic rule is that you must report an accrued expense any time you have received goods or services but have not paid for them by the end of the reporting period. Q: What if I haven't received an invoice from the vendor yet? A: If you have received the goods or services, you must report the accrued expense even if you have not received an invoice. If you do not know the exact amount, you may estimate the amount of the expense. When reporting an estimate, note that fact on Schedule F. Q: We have a contract to pay our campaign consultant $1,000 per month. If the closing date of the campaign statement falls during the middle of the month, say March 17, must we report an accrued expense for the period March 1 through March 17? A: No. When you have agreed in writing to pay a contractor a set amount at regular intervals, it is not necessary to prorate the amount owed to the contractor if the reporting period closes before the end of the contract period. • Q: We reported an estimated accrued expense of $5,000 to a printer. The actual amount owed was $4,500. What do we do? A: You can amend the statement on which you reported the $5,000, or you can correct the amount on a subsequent statement by doing the following: On Schedule F, column (a), report an outstanding accrued expense of $5,000. In column (b), the amount incurred this period, report a negative $500. If you made any payments on the accrued expense during the period, report that amount in column (c) and the outstanding balance in column (d). If you paid more than the estimated amount, report the $5,000 in column (a), the amount over the estimate in column (b) as a new accrued expense, any amounts paid in column (c), and the outstanding balance in column (d). Be sure to make the correction on the next statement filed after determining the correct amount. Also be sure to note on Schedule F when you are correcting estimates. Q: When an accrued expense is owed and there are subvendor payments, when are the subvendors reported? For example, if we report an accrued expense owed on a credit card and list the subvendors, must we re- itemize the subvendors again on Schedules E and F when the accrued expense is paid? A: No. It is not necessary to re- itemize subvendors when payments are made on accrued expenses, or if an accrued expense is reported on more than one statement. In this example, the subvendors must be reported on the first statement disclosing the • accrued expense owed to the credit card company. On subsequent statements, only the credit card company must be itemized. California Fair Political Practices Commission Frequently Asked Questions: Form 700 Disclosure General ............ Page 1 Income .................. Page 2 Investments ............. Page 3 Real Property.... Page 3 Enforcement .......... Page 4 Gifts /Travel............ Page 4 Tickets to Non - Profit and Political Fundraising Events ........................ ...........................Page 7 The FAQs listed below are selected from questions often asked about the Statement of Economic Interests (Form 700). Because it is not possible to address all of the unique variables and circumstances related to disclosure, individuals are encouraged to contact the FPPC with specific facts. Most officials must also consult their agency's conflict of interest code to determine their disclosure level and their reportable interests. The Form 700 is a public document. Form 700s filed by State Legislators and Judges, members of the FPPC, County Supervisors, and City Council Members are available on the FPPC's website. General Questions 1. Q. Do all officials have the same disclosure requirements for Form 700 reporting? A. No. The majority of individuals that file the Form 700 must do so by following the rules set forth • in their agency's conflict of interest code ( "designated employees "). Before completing the Form 700, an official should be familiar with the disclosure category for his or her position. For example, since job duties differ from agency to agency and even unit to unit within the same agency, an analyst for one agency, or unit of that agency, may not have the same reporting requirements as an analyst from another agency, or even another unit of the same agency. 11 Officials listed in Government Code Section 87200 (e.g., boards of supervisors, city council members, planning commissioners, elected state officials, etc.) must report all sources of gifts, as well as sources of income, and investments and business positions in business entities, doing business within, and real property interests located within, their agency's jurisdiction. For local officials, real property located within 2 miles of the boundaries of the jurisdiction or any real property that the agency has an interest in is deemed to be "within the jurisdiction." 2. Q. Is it necessary to read all of the information before completing the Form 700? A. Each individual must verify the Form 700's content under penalty of perjury. Therefore, every effort must be made to understand what is required by the form. When necessary, you may contact the FPPC for specific, personal guidance. You may only obtain immunity from an enforcement action when you receive formal written advice. 3. Q. Where are the Form 700s filed? A. Most state and local officials file with their agency. In most instances, the agency is required to forward the originals for specified high -level officials to the FPPC. Only retired judges serving on assignment and legislative staff file the Form 700 directly with the FPPC. w .fooc.ca.aov FPPC Advice: advice a( ..fooc.ca.aov (866.275.3772 ) FPPC TAD • 044 01 -2015 (rev 2) • Page 1 of 9 C� J California Fair Political Practices Commission Frequently Asked Questions: Form 700 Disclosure 4. Q. If the Form 700 is postmarked by the due date, is it considered filed on time? A. Yes. 5. Q. If an official holds various positions for which the Form 700 is required, is a statement required for each position? A. Yes. However, one expanded statement covering the disclosure requirements for all positions may be completed as long as an originally signed statement is filed with each filing officer. 6. Q. Do individuals need to file a complete Form 700 when they leave office? A. Yes. The same requirements apply for the assuming office, the annual, and the leaving office filings. 7. Q. An individual is hired into a newly created management position in her agency's Information Technology Department. How does she complete the Form 700? A. Because it is a newly created position, the law requires that economic interests are reported under the broadest disclosure category in the agency's conflict of interest code unless the agency sets interim disclosure that is tailored to the limited range of duties of the position. Generally, the Form 700 must be filed with the agency within 30 days of the date of hire. An individual may request that the agency complete the Form 804 (Agency Report of New Positions) to tailor the disclosure category to the job duties of the new position. 8. Q. Must board members of a non - profit public benefit corporation that operates California charter schools file Form 700? A. Yes. Members of charter schools are public officials and must file the Form 700. Income Questions 9. Q. Must an official report a spouse's or registered domestic partner's salary? A. Generally an official is required to report 50% of his or her spouse's or registered domestic partner's salary. The disclosure lists the employer's name as the source of income on Schedule C of the Form 700. If the spouse or registered domestic partner is self - employed, the business entity is reported on Schedule A -2. Officials should check their disclosure category, if applicable, to determine if the income is reportable. A spouse or registered domestic partner's government salary is not reportable (e.g., spouse is a teacher at a public school). 10.Q. If an official owns a business in which he has received income of $10,000 or more from a client, is the official required to disclose the client's name on Schedule A -2, Part 3? A. Yes, except for under rare circumstances where disclosure of the identity would violate a legally recognized privilege under California or federal law. In these cases, the FPPC may authorize an exemption. (Regulation 18740) 11. Q. When an official purchases a new car and trades in the old car as credit toward the purchase price, is the trade -in allowance considered reportable income on the Form 700? w .fmc.ca.gov FPPC Advice: advicerg7fooc.ca.gov (866.275.3772 ) FPPC TAD • 044 01 -2015 (rev 2) • Page 2 of 9 i California Fair Political Practices Commission Frequently Asked Questions: Form 700 Disclosure A. No. A trade -in allowance is not considered income and is not reportable on an official's Form 700. Investment Questions 12. Q. An official holds various stocks through an account managed by an investment firm. The account manager decides which stocks to purchase with no input from the official. Are the stocks subject to disclosure? A. Yes. Unless the stocks are in a diversified mutual fund registered with the SEC or in a fund similar to a diversified mutual fund (e.g., exchange traded fund (ETF)) if the similar fund meets requirements specified in Regulation 18237. Any investments worth $2,000 or more in a business entity located in or doing business in the jurisdiction must be disclosed on Schedule A- 1 or A -2 if the official's disclosure category requires that the investments be reported. 13. Q. Are funds invested in a retirement account required to be disclosed? A. Investments held in a government defined - benefit pension program plan (i.e., CalPERS) are not reportable. Investments held in a fund such as a defined contribution plan 401(k) or exchange traded fund (EFT) are not required to be disclosed if the fund meets specified requirements. (Regulation 18237). An official may need to contact his or her account manager for assistance in determining what assets are held in the account. 14. Q. If an official reported stocks that were acquired last year on his or her annual Form 700, must the stocks be listed again on the official's next Form 700? A. Yes. Stocks that are worth $2,000 or more during the reporting period must be reported every year that they are held. The "acquired" and "disposed" dates are only required if the stocks were acquired or disposed of during the period covered by the Form 700. 15. Q. How are interests in a living trust reported if the trust includes: (1) rental property in the official's jurisdiction; (2) a primary residence; and (3) investments in diversified mutual funds? Are there different disclosure rules? A. The name of the trust is reported, along with the rental property and its income, on Schedule A- 2. The official's primary residence, if used exclusively as a personal residence, and investments in diversified mutual funds registered with the SEC, are not reportable. (For secondary residences, see Question 17.) Although the official's primary residence is not required to be disclosed on the Form 700, it is still considered an economic interest for conflict of interest purposes. (See Question 16.) Real Property Questions 16. Q. Is an official's personal residence reportable? A. Generally, any personal residence occupied by an official or his or her family is not reportable if used exclusively as a personal residence. However, a residence for which a business deduction is claimed is reportable if the portion claimed as a tax deduction is valued at $2,000 • or more. In addition, any residence for which an official receives rental income is reportable if it is located in the jurisdiction. w .foocxa.00v FPPC Advice: advice fDoc.ca.00v (866.275.3772 ) FPPC TAD • 044 01 -2015 (rev 2) • Page 3 of 9 California Fair Political Practices Commission Frequently Asked Questions: Form 700 Disclosure 17. Q. When an official is required to report interests in real property, is a secondary residence reportable? A. It depends. First, the residence must be located in the official's jurisdiction. If the secondary residence is located in the official's jurisdiction and rental income is received (including from a family member), the residence is reportable. However, if the residence is used exclusively for personal purposes and no rental income is received, it is not reportable. Although the secondary residence may not be reportable, it is still considered an economic interest for conflict of interest purposes. 18. Q. If a primary or secondary personal residence is required to be reported, is the street address required to be disclosed? A. No. The assessor's parcel number may be listed instead of the street address. Enforcement Question 19. Q. What is the penalty for not filing the Form 700 on time or not reporting all required economic interests? A. A late fine of $10 per day up to a $100 may be assessed. In addition, if a matter is referred to the FPPC Enforcement Division for failure to file or failure to include all required economic interests, the fine may be substantially higher. In 2014, the FPPC collected over $81,000 in fines for late statements and non - disclosure of economic interests. If an individual does not pay a fine, the matter may be referred to the Franchise Tax Board for collection. Gift/Travel Questions 20.Q. What is the gift limit for 2015 -2016? A. $460: This means that gifts from a single, reportable source, other than a lobbyist or lobbying firm (see below), may not exceed $460 in a calendar year. For officials and employees who file the Form 700 under an agency's conflict of interest code ( "designated employees'), this limit applies only if the official or employee would be required to report income or gifts from that source on the Form 700, as outlined in the "disclosure category" portion of the agency's conflict of interest code. For conflict of interest purposes, the gift must be under $460 to avoid consideration under the conflict rules. State Lobbyist & Lobbying Firm Limit: $10: State candidates, state elected officers, and state legislative officials may not accept gifts aggregating more than $10 in a calendar month that are made or arranged by a registered state lobbyist or lobbying firm. The same rule applies to state agency officials, including members of state boards and commissions, if the lobbyist or firm is registered to lobby, or should be registered to lobby, the official's or employee's agency. 21. Q. During the year, an official received several gifts of meals from the same reportable source. Each meal was approximately $35. Is the source reportable? www.fooc.ca.00v FPPC Advice: advicera7fooc.ca.aov (866.275.3772 ) FPPC TAD • 044 01 -2015 (rev 2) • Page 4 of 9 0 California Fair Political Practices Commission Frequently Asked Questions: Form 700 Disclosure A. Yes. Gifts from the same reportable source are aggregated, and the official must disclose the source when the total value of all meals reaches $50. 22. Q. Does a gift source have to be reported if it is not doing business in the jurisdiction but is of the type that would need to be reported if it were? A. Yes. While income reporting has a jurisdictional limitation under the Act, gift reporting does not. Therefore, gifts from sources located anywhere in the world are reportable if they are of the type that do business with the employee's agency such that the employee is required to report sources of that type. 23. Q. How does an individual return a gift so that it is not reportable? A. Unused gifts that are returned to the donor or reimbursed within 30 days of receipt are not reportable. The recipient may also donate the unused item to a charity or governmental agency within 30 days of receipt or acceptance so long as the donation is not claimed as a tax deduction. 24. Q. Two people typically exchange gifts of similar value on birthdays. Are these items reportable? A. No. Gift exchanges with individuals, other than lobbyists, on birthdays, holidays, or similar occasions, are not reportable or subject to gift limits. The gifts exchanged must be similar in value. 25. Q. Must an official report gifts received from an individual whom the official is dating? A. No. Gifts of a personal nature exchanged because the individuals are in a bona fide dating relationship are not reportable or subject to gift limits. However, the official remains subject to the conflict of interest rules and some matters may require recusal from voting. 26. Q. If an official makes a speech related to national public policy and his or her spouse attends the dinner at the event, is the spouse's meal considered a gift to the official? Yes. The official's meal is not a reportable gift; however, his or her spouse's meal is a gift and reportable on the official's Form 700 if the value is $50 or more. 27. Q. A vendor that does business with the agency provided entertainment tickets to the spouse of one of the agency members. Must the member report the tickets as gifts? A. Yes. Unless an exception applies, the tickets are a reportable gift. A gift to an official's spouse is a gift to the official when there is no established working, social, or similar relationship between the donor /vendor and the spouse or there is evidence to suggest that the donor had a purpose to influence the official. 28. Q. An agency received two free tickets to a concert from a local vendor. The agency has a policy governing the reporting of tickets and passes distributed to persons for use in ceremonial roles or other agency related activities. The agency had discretion to determine who in the agency www.fooc.ca.00v FPPC Advice: advlce(la fooc.ca.00v (866.275.3772 ) FPPC TAD • 044 01 -2015 (rev 2) • Page 5 of 9 California Fair Political Practices Commission Frequently Asked Questions: Form 700 Disclosure received the tickets. Each ticket was valued at $140. If the agency director used the tickets, how are they reported? A. The tickets worth $280 are reportable by the agency on the Form 802 (Agency Report of Ceremonial Role Events and Ticket/Pass Distributions), which is a public record that is filed with the FPPC and posted on its website. The director does not report the tickets on the Form 700, and the value of the tickets is not subject to the gift limit. 29. Q. An agency received a large box of chocolates as a holiday gift from a local merchant. It was addressed to the agency and not to a particular employee. Is there a reporting requirement? A. No, so long as no agency employee receives $50 or more in benefits from the gift. There is no reporting requirement if the value received by each agency employee is less than $50. 30. Q. An agency official receives a gift basket specifically addressed to the official worth more than $50 from a local merchant. Is there a reporting requirement? A. The official may have to report the gift if it is from a source covered by the official's disclosure category and he or she consumes the contents of the gift basket, or directs and controls who receives the gift. For instance, the official must still report the gift even if he or she shares the gift with other agency employees. ® 31. Q. Do prizes donated to a governmental agency by an outside source constitute gifts under the Act if they were received by city employees in a drawing conducted by the city for all city employees participating in the city's charitable food drive? A. Yes. The prizes are gifts if donated by an outside source and subject to the Act's limits and reporting requirements. 32. Q. Is a ticket provided to an official for his or her admission to an event at which the official performs a ceremonial role or function on behalf of his or her agency reportable on the official's Form 700? A. No, so long as the organization holding the event provides the ticket and so long as the official's agency completes the Form 802 (Agency Report of Ceremonial Role Events and Ticket/Pass Distributions). The form will identify the official's name and explain the ceremonial function. (See Regulation 18942.3 for the definition of "ceremonial role. ") 33.Q. Are frequent flyer miles reportable? A. No. Discounts received under an airline's frequent flyer program that are available to all members of the public are not required to be disclosed. IMPORTANT NOTE: See Regulation 18950.1 for additional information on reporting travel payments. In some circumstances the agency may report the travel in lieu of the official ® reporting the travel. w .fmc.ca.aov FPPC Advice: advicera?fooc.ca.cov (866.275.3772 ) FPPC TAD • 044 01 -2015 (rev 2) • Page 6 of 9 E California Fair Political Practices Commission Frequently Asked Questions: Form 700 Disclosure 34. Q. If a non - profit organization pays for an official to travel to a conference after receiving the funds to pay for the travel from corporate sponsors, specifically for the purpose of paying for the official's travel, is the non - profit organization or the corporate sponsors the source of the gift? A. The corporate sponsors are the source of the gift if the corporate sponsors donated funds specifically for the purpose of the official's travel. Thus, the benefit of the gift received by the official would be pro -rated among the donors. Each reportable donor would be subject to the gift limit and identified on the official's Form 700. The FPPC should be contacted for specific guidance to determine the true source of the travel payment. 35. Q. May an official accept travel, lodging and subsistence from a foreign sister city while representing the official's home city? A. Yes. If the travel and related lodging and subsistence is paid by a foreign government and is reasonably related to a legislative or governmental purpose, it is not subject to the gift limit. However, the payments must be disclosed as gifts on the Form 700 for this exception to apply. While in the foreign country, any personal excursions not paid for by the official must also be disclosed and are subject to the gift limit. If private entities make payments to the foreign government to cover the travel expenses, the gift limit will apply and travel payments will likely be prohibited. Please contact the FPPC for more information. 36. Q. An analyst for a state or local agency attends a training seminar on the new federal standards • related to the agency's regulatory authority. If the analyst's travel payments are paid by the federal agency, must the analyst report the payment on the Form 700? A. No. A payment for travel and related per diem received from a government agency for education, training, or other inter - agency programs or purposes, is not considered a gift or income to the official who uses the payment. 37. Q. A state legislator and a planning commissioner were guest speakers at an association's event. Travel expenses were paid by the association, and the event was held in the United States. Is this reportable? A. Yes. The payment is reportable, but not subject to the gift limits. In general, an exception applies to payments for travel within the United States that are provided to attend a function where the official makes a speech. These payments are not limited, but are reportable as gifts. The rules require that the speech be reasonably related to a legislative or governmental purpose, or to an issue of state, national, or international public policy; and the travel payment must be limited to actual transportation and related lodging and subsistence the day immediately preceding, the day of, and the day immediately following the speech. (See Government Code Section 89506. Other rules may be applicable if this exception is not used.) Tickets to Non - Profit and Political Fundraisers Questions 38. Q. An official is offered a ticket from a 501(c)(3) charitable organization to attend its fundraising ® event. The face value (price) of the ticket is $500, and the ticket states that the tax deductible portion is $350. If the official accepts the ticket, what must be reported? vmv.fooc.ca.aov FPPC Advice: advice(1a.fooc.ca.cov (866.275.3772 ) FPPC TAD • 044 01 -2015 (rev 2) • Page 7 of 9 U California Fair Political Practices Commission Frequently Asked Questions: Form 700 Disclosure A. Nothing is required to be reported on the Form 700 so long as the ticket is provided directly by the 501(c)(3) organization for its own fundraising event and is used for the official's own attendance at the fundraiser. In this case, the ticket is deemed to have no value. The official may also accept a second ticket provided directly by the 501(c)(3) organization for his or her guest attending the event, without a reporting obligation by either the official or the guest. 39. Q. What if someone purchases a table at a non - profit fundraiser and offers an official a seat at the table? A. If another person or entity provides a ticket, it is a gift and subject to the gift limit. The value is the non - deductible portion on the ticket. If there is no declared face value, then the value is the pro -rata share of the food, catering service, entertainment, and any additional item provided as part of the event. The "no value" exception only applies if the official receives no more than two tickets for his or her own use directly from the 501(c)(3) organization and it is for the organization's fundraising event. 40. Q. A 501(c)(3) organization provides a ticket to an official for its fundraising event. The organization seats the official at a table purchased by a business entity. Does the official have to report the ticket? A. No. So long as the ticket is provided directly by the 501(c)(3) organization and is used for the official's own attendance at the fundraiser, the ticket is not reportable regardless of where the official is seated. 41. Q. An agency employee who holds a position designated in the conflict of interest code receives a ticket to a fundraiser from a person not "of the type" listed in the agency's code. Is the agency employee required to report the value? A. No. A ticket or any other gift may be accepted under these circumstances without limit or reporting obligations. Agencies must ensure the conflict of interest code adequately addresses potential conflicts of interests but not be so overbroad as to include sources that are not related to the employee's official duties. 42. Q. An official receives a ticket to attend a political fundraiser held in Washington D.C. from a federal committee. Is the official required to disclose the ticket as a gift, and is it subject to the gift limit? A. No. The value of the ticket is not a gift so long as the ticket is provided to the official directly by the committee holding the fundraiser and the official personally uses the ticket. (Regulation 18946.4.) Separate rules apply for travel provided to attend the fundraiser. Regulation 18950.3 covers issues on travel paid by or for a campaign committee. 43. Q. A political party committee is holding a political fundraiser at a golf course and a round of golf is included. If the committee provides an elected official a ticket, is the ticket reportable by the official? A. No, so long as the official uses the ticket for his or her own use. If someone other than the political party provides a ticket, the full cost of the ticket is a gift. The political party must report the total amount spent on the fundraiser on its campaign statement. w Jpoc.ca.00v FPPC Advice: advice ar).fooc.ca.aov (866.275.3772 ) FPPC TAD • 044 01 -2015 (rev 2) • Page 8 of 9 ,6 California Fair Political Practices Commission Frequently Asked Questions: Form 700 Disclosure 44. Q. If a business entity offers an official a ticket or a seat at a table that was purchased for a politica fundraiser, what is the value? A. Because the ticket was not offered by the campaign committee holding the fundraiser, it is a gift to the official. The value is either the face value of the ticket or the pro -rata share of the food, catering services, entertainment, and any additional benefits provided to attendees. 45.0. If an official attends an event that serves only appetizers and drinks, does the "drop -in" exception apply no matter how long the official stays or how many appetizers or drinks are consumed? A. No. The focus of the food and beverages "drop -in" exception is not on the nature of the event as a whole, but rather on the particular official's brief attendance and limited consumption. If an official attends an event that serves only appetizers and drinks, the "drop -in" exception would only apply if the official just "drops in" for a few minutes and consumes only a "de minimis" amount of appetizers and drinks. However, the "drop -in" exception does not automatically apply just because the event does not serve more than appetizers and drinks. 46. Q. An organization, which is not a 501(c)(3) organization, is holding a fundraiser at a professional sporting event. Tickets to this sporting event are sold out and it appears that tickets are only available at a substantially higher price than the stated face value amount of the ticket provided to the official by the organization. If the official attends the event, what is the value of the gift? A. The value is the face value amount stated on the ticket to the sporting event. This valuation rule applies to all tickets to such events that are not covered by a separate valuation exception, such as non - profit and political party fundraisers. 47. Q. An official receives a ticket to a fundraiser, and if accepted, the ticket will result in a reportable gift or a gift over the current gift limit. What are the options? A. The official may reimburse the entity or organization that provided the ticket for the amount over the gift limit (or pay down the value to under the $50 gift reporting threshold if the official does not want to disclose the ticket). Reimbursement must occur within 30 days of receipt of the ticket. A candidate or elected official may use campaign funds to make the reimbursement if the official's attendance at the event is directly related to a political, legislative, or governmental purpose for the payment. A ticket that is not used and not given to another person is not considered a gift to the official. Ww .fmc.ca.cov FPPC Advice: advice(dfooaca.00v (866.275.3772 ) FPPC TAD • 044 01 -2015 (rev 2) • Page 9 of 9 Conflicts of Interest / Form 700 / COI Codes Assets and income of public officials which may be materially affected by their official actions should be disclosed and in appropriate circumstances the officials should be disqualified from acting in order that conflicts of interest may be avoided." Gov. Code section 81002(c) "No public official at any level of state or local government shall make, participate in making or in any way attempt to use his official position to influence a governmental decision in which he knows or has reason to know he has a financial interest." Gov. Code Section 87100 The Political Reform Act prevents conflicts of interest in two ways -- disclosure and disqualification. (See Gov. Code Sections 87100 - 87350.) Disclosure The purpose of financial disclosure is to alert public officials to personal interests that might be affected while they are performing their official duties, i.e., making governmental decisions. Disclosure also helps inform the public about potential conflicts of interest. Public officials at every level of state and local government must disclose their personal financial interests. Elected officials, judges, and high- ranking appointed officials generally have the most comprehensive disclosure requirements. (Gov. Code Section 87200.) These include disclosure of: ® . Investments in business entities (e.g., stock holdings, owning a business, a partnership) Interests in real estate (real property) Sources of personal income, including gifts, loans and travel payments Positions of management or employment with business entities For most other officials, including employees of state and local government agencies, it is up to the agencies that employ them to decide what their disclosure requirements are. Each state and local agency must adopt a conflict of interest code tailoring the disclosure requirements for each position within the agency to the types of governmental decisions a person holding that position would make. For example, an employee who approves contracts for goods or services purchased by her agency should not be required to disclose real estate interests, but should be required to disclose investments in and income from individuals and entities that supply equipment, materials, or services to the agency. (Gov. Code Sections 87301 and 87302.) Unpaid members of boards and commissions and consultants to state and local government agencies also may be required to disclose their personal financial interests if they make or participate in making governmental decisions that could affect their private financial interests. ® Disclosure is made on a form called a "statement of economic interests" (Form 700). The form must be filed each year. Filed forms are public documents that must be made available to anyone who requests them. Disqualification If a public official has a conflict of interest, the official may be required to disqualify himself or herself from making or participating in a governmental ® decision, or using his or her official position to influence or attempt to influence a governmental decision. See the fact sheet, Can I Vote? Conflicts of Interest Overview. To determine whether an official has a conflict of interest many factors must be analyzed. For example, is it reasonably foreseeable that the official's interest will be affected by a particular decision? Will the decision have a significant monetary impact on the financial interest or is the impact minimal? Will the decision affect the official's interest differently than members of the general public? Is the official even making a governmental decision? In many cases, an official will need guidance from the Commission or an attorney to determine whether disqualification is required. Note: Although they are required to file statements of economic interests, judges and court commissioners are not subject to the Act's disqualification provisions. See the fact sheet, C and Commissioners. In most cases, the receipt of campaign contributions is not the basis for disqualification by a public official. However, certain public officials who make decisions in proceedings involving licenses, permits, or other entitlements for use (e.g., planning commissioners, board members of joint powers authorities and other regional governing or planning agencies, and members of other state and local boards and commissions) are subject to the restrictions of Gov. Code Section 84308. Section 84308 prohibits solicitation or receipt of campaign contributions from parties, participants, or their agents, in proceedings involving licenses, permits, or other entitlements for use. The law also requires an official's disqualification in those proceedings if the official has received campaign contributions of more than $250 from a parry or participant within the 12 months preceding the decision. Finally, Section 84308 requires disclosure of such campaign contributions. Elected state officers, judges, and members of local government agencies who are directly elected by the voters (e.g., board of supervisors, city council, school board) are exempt from Section 84308 when they are acting as members of the agency to which they are elected. However, if one of these individuals is also a voting member of another nonexempt body, such as a joint powers agency or regional planning agency, he or she is covered by the law with respect to license, permit or other entitlement for use proceedings before the nonexempt body. For example, if three city councilmembers and two county supervisors sit on a city- county joint powers authority, Section 84308 applies to the license, permit or other entitlement for use proceedings before the joint powers authority because the officials were not elected directly to the authority. It does not apply to the officials when they are voting on matters before the city council or board of supervisors. (Revised 5/03) Conflicts of Interest Rules Under the Act, a public official has a disqualifying conflict of interest in a governmental decision if it is foreseeable that the decision will have a financial impact on his or her personal finances or other financial interests. In such cases, there is a risk of biased decision - making that could sacrifice the public's interest in favor of the official's private financial interests. To avoid actual bias or the appearance of possible improprieties, the public official is prohibited from participating in the decision. Disqualifying Financial Interests There are five types of interests that may result in disqualification: • Business Entity. A business entity in which the official has an investment of $2,000 or more in which he or she is a director, officer, partner, trustee, employee, or manager. • Real Property. Real property in which the official has an interest of $2,000 or more including leaseholds. (However, month -to -month leases are not considered real property interests.) • Income. An individual or an entity from whom the official has received income or promised income aggregating to $500 or more in the previous 12 months, including the official's community property interest in the income of his or her spouse or registered domestic partner. • Gifts. An individual or an entity from whom the official has received gifts aggregating to $460 or more in the previous 12 months. • Personal Finances.The official's personal finances including his or her expenses, income, assets, or liabilities, as well as those of his or her immediate family. Disqualifying Financial Impact or Effect If a decision may have a financial impact or effect on any of the foregoing interests, an official is disqualified from governmental decision if the following two conditions are met: The financial impactor effect is foreseeable, and The financial impact or effect is significant enough to be considered material. • Generally, a financial impact or effect is presumed to be both foreseeable and material if the financial interest is "explicitly" or directly involved in the decision. A financial interest is explicitly involved in the decision whenever the interest is a named party in, or the subject of, a governmental decision before the official or the official's agency. If the interest is "not explicitly involved" in the decision, a financial impact or effect is reasonably foreseeable if the effect can be recognized as a realistic possibility and more than hypothetical or theoretical. A financial effect need not be likely to occur to be considered reasonably foreseeable. However, for interests "not explicitly involved" in the decision, different standards apply to determine whether a foreseeable effect on an interest will be material depending on the nature of the interest. The FPPC has adopted rules for deciding what kinds of financial effects are important enough to trigger a conflict of interest. These rules are called "materiality standards," that is, they are the standards that should be used for judging what kind of financial impacts resulting from governmental decisions are considered material or important. There are too many materiality standards to adequately review all of them here. To determine the applicable materiality standard, or to obtain more detailed information on conflicts, an official may consult the FPPC's guide to Recognizing Conflicts of Interest. Alternatively, the official should seek assistance from agency counsel or the FPPC anytime the official has reason to believe a decision may have a financial impact • or effect on his or her personal finances or other financial interests. Exceptions Not all conflicts of interest prevent a public official from lawfully taking part in the government decision. There are two limited exceptions to the conflict of interest rules: • The Public Generally Exception. A public official is not disqualified from a decision if the effect on the official's interests is indistinguishable from the effect on the public. • Legally Required to Participate. In certain rare circumstances, a public official may be randomly selected to take part in a decision if a quorum cannot be reached because too many officials are disqualified under the Act. Exceptions must be considered with care. A public official should contact agency counsel or the FPPC to determine if an exception applies. Recusal Requirements An official with a disqualifying conflict of interest may not make, participate in making, or use his or her position to influence a governmental decision. When appearing before his or her own agency or an agency subject to the authority or budgetary control of his or A her agency, an official is making, participating in making, or using his or her position to influence a decision any time the official takes any action to influence the decision including directing a decision, voting, providing information or a recommendation, or contacting or appearing before any other agency official. When appearing before any other agency, the official must not act or purport to act in his or her official capacity or on behalf of his or her agency. Certain officials (including city council members, planning commissioners, and members of the boards of supervisors) have a mandated manner in which they must disqualify from decisions made at a public meeting (including closed session decisions) and must publicly identify a conflict of interest and leave the room before the item is discussed. While there are limited exceptions that allow a public official to participate as a member of the public and speak to the press, the exceptions are interpreted narrowly and may require advice from your agency's counsel or the FPPC. • 0