Chapter 3 – Personnel, Training, and Employee Relations

31100.5 Disqualification

• Self-Disqualification

  • No designated employee shall make, participate in making, or in any way attempt to use his or her official position to influence the making of any governmental decision which he or she knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of his or her immediate family or on:

    • Any business entity in which the designated employee has a direct or indirect investment worth $2,000 or more;

    • Any real property in which the designated employee has a direct or indirect interest worth $2,000 or more;

    • Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating $500 or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made;

    • Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or

    • Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $440 or more provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision is made.

• Exception

  • No person in a designated position shall be prevented from making or participating in any decision if the participation is legally required for the decision to be made. The fact that the vote of a person who is on a voting body is needed to break a tie does not make the participation legally required for purposes of this section.