Deciding When to Step Aside From the Decision-Making Process: Abstentions and Disqualifications, Part 1 of 2, continued from page 16
The following examples illustrate some situations involving these issues.
Financial Interests The most common form of disqualification occurs under California’s Political Reform Act. Under that law, a public official may not make, participate in or influence a governmental decision that will have a reasonably foreseeable and material financial effect on the official, the official’s immediate family or any of the official’s financial interests. The Fair Political Practices Commission (FPPC) has developed a multistep process for determining when an official must disqualify himself or herself from participating in a decision. The rules are not necessarily intuitive. The disqualification analysis recognizes some of the practical considerations decisionmakers face. This includes whether the effect of the decision on the public official’s interest is the same as the effect on a significant segment of the public (this is known as the “public generally” exception to the disqualification requirement). Another step analyzes whether the otherwise-disqualified official’s participation in the decision is legally required. The latter exception applies if an official’s disqualification would prevent the agency from acting in a situation in which it legally must act. When analyzing this issue, local agency counsel may ask such questions as: • Is the agency unable to convene a quorum? and • Are there no alternative means of making the decision?
Looking for Footnotes? A fully footnoted version of this article is available online at www.westerncity.com.
www.westerncity.com
Special Procedures for Appointments to Other Bodies Involving Compensation
positions involve a small stipend to compensate an official for the time involved. May an official participate in the decision related to his or her own appointment?
Local agency officials often represent their agency or a group of agencies on regional and other bodies. Sometimes these
The FPPC allows local public officials to vote on their own appointments to continued
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DIRECTOR OF PUBLIC WORKS Salary – DOQ The City of Livingston, California is seeking a full time individual to serve as Director of Public Works. To plan, organize, direct and coordinate the activities of the maintenance and operations areas of the Public Works Dept.; to supervise through subordinates, the maintenance crews engaged in maintenance, construction and repair work on City sewer, water and drainage systems, streets, sidewalks, alleys, parks, and related facilities. Five years of increasingly responsible professional Public Works experience with at least three years in a Public Works management and supervisory capacity. BA Degree in public administration, engineering or related field. Water Certifications: Possession of a Grade II (T2) and (D3) Water Treatment Operator’s certificate. Wastewater Certifications: Grade III WWTPO all are highly desirable. Certificate issued by the State of California is required. Deadline date April 18, 2014. Required City application available on our website at www.livingstoncity.com, or at City Hall, 1416 “C” Street, Livingston, CA 95334; 209-394-8041 ext. 114.
City Manager The city of Sutter Creek is seeking applicants for City Manager. Sutter Creek is a small Gold Rush era city located in the heart of the historic Mother Lode with easy access to the outdoor and cultural attractions of Sacramento, the Bay Area and Lake Tahoe. Please visit cityofsuttercreek.org for additional details about the city and Amador County. The city provides a broad range of services to a population of 3,000 with a staff of 14, and general fund budget of $1.8 million. The City Council and the public place a high value on the importance of open communication and participation between the public and city government. Therefore, the successful candidate must possess outstanding communication and interpersonal skills in addition to management level experience with public sector financial management, planning, and public works. A minimum of 5 years public administration experience is preferred. Salary range is $75,000- $100,000, with a very competitive benefit package. Letters of interest and resumes can be mailed to Tim Murphy PO Box 823 Sutter Creek CA, 95685.
Western City, April 2014
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