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Legal staff warns officials: conflicts of interest are complex; get advice early, Section 1090 carries harsh penalties
Summary
City legal staff explained financial-conflict rules, the public-generally exception, counsel’s advisory role versus FPPC determinations, and the separate, severe contractual prohibition in Section 1090.
City Attorney Sam told council members and commissioners that conflict-of-interest rules are legally complex and that officials should seek advice early when a possible conflict arises.
Sam said the city’s office provides legal advice but cannot issue binding conflict determinations — that authority rests with the Fair Political Practices Commission (FPPC). ‘‘All we give is advice, and so we usually give somewhat conservative advice,’’ Sam said, describing the office’s practice of producing detailed analyses and, in some cases,…
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