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Chapter 1 Public Employment Relations Board Subchapter 1. Internal Procedures Article 2. Conflict of Interest Code General Provisions
The Political Reform Act, Government Code Sections 81000, et seq., requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation, 2 California Code of Regulations Section 18730, which contains the terms of a standard conflict of interest code, which can be incorporated by reference, and which may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act after public notice and hearings. Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission, along with the attached Appendix in which officials and employees are designated and disclosure categories are set forth, are hereby incorporated by reference and constitute the conflict of interest code of the Public Employment Relations Board, except as provided below.
Designated employees shall file statements of economic interests with the agencies who will make the statements available for public inspection and reproduction. (Gov. Code section 1008). Upon receipt of the statements of Board Members, the agency shall make and retain a copy and forward the original of these statements to the Fair Political Practices Commission. Statements for all other designated employees will be maintained by the agency.
Authority cited:
Government Code 87300
Government Code 87304
Reference:
Government Code 87300, et seq.
(Amended by Register 2001, No. 52)
Appendix
Designated Positions
Disclosure Category
Board Members
(a) and (b)
Executive Director
(a) and (b)
Administrative Officer
(a) and (b)
General Counsel
(a) and (b)
Chief Administrative Law Judge
(a) and (b)
All attorneys employed in the Office of the General Counsel
(a)
All attorneys employed in the Division of Administrative Law Judges
(a)
All persons employed as Legal Advisors to a Board Member
(a)
Regional Directors
(a)
Executive Assistant to the Board
(a)
All Public Employment Relations Representatives and Specialists
(a)
Business Services Officer
(b)
Consultant1
(a)
Disclosure Categories
(a) Designated employees assigned to this disclosure category shall disclose: Investments held, income derived including salary and reimbursements for expenses, travel or per diem, and any positions of management, director, officer, partner, trustee or employee held by a designated employee to the extent that they know or have reason to know that the entity or source is a public employer,2 organization of employers, employee organization, individual, law firm, labor negotiations firm or consulting firm, which is subject to the jurisdiction of the Public Employment Relations Board or has appeared within the last 12 months in a dispute before the board as a party, a representative for a party, or has provided assistance to a party in preparation for an appearance in a dispute before the board.
(b) Designated employees assigned to this disclosure category shall disclose: Investments held, income derived including salary and reimbursements for expenses, travel or per diem, and any positions of management, director, officer, partner, trustee or employee held in any entity or source of the type which has provided services, supplies, materials, machinery, leased space or equipment to the Public Employment Relations Board within the previous two years.
Exceptions:
As provided in Section 1 of the standard Code, 2 California Code of Regulations Section 18730(b)(1), the definitions contained in the Political Reform Act of 1974 shall apply to the terms used in this Code except that:
(a) designated employees who are required to disclose investments or positions of management, director, officer, partner, trustee or employee in a 'business entity' shall also disclose such investments or positions held in a school district or other governmental or non-profit entity described in the disclosure categories; and
(b) designated employees who are required to disclose 'income from any source' shall also disclose salary and reimbursement for expenses or per diem from a local governmental agency described in the disclosure categories and shall further disclose reimbursement for travel expenses and per diem received from a bona fide educational or academic organization described in the disclosure categories.
1Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation:
The Executive Director may determine in writing that a particular consultant, although a 'designated position,' is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The Executive Director's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code.
2The term 'public employer' as used herein does not include the Public Employment Relations Board of the State of California.