January 2021 Advice Letter Report


.pdf version of advice letter report

The following advice letters have been issued since the December 30, 2020, Advice Letter Report. An advice letter included in this report may be noticed for further discussion or consideration at the February 2021 Commission Meeting. Full copies of the FPPC Advice Letters, including those listed below, are available at the advice letter search.


Section 84308

Keith F. Collins                                             A-20-138

Members of a sanitation district do not have a conflict of interest under Section 87100 as a result of having received campaign contributions from labor organizations, as contributions constitute neither income nor gifts under the Act. Further, the members are not required to recuse themselves from a decision regarding a contract that will require union workers pursuant to a Community Workforce Agreement under the Act’s pay-to-play provisions of Section 84308 because the contract will be competitively bid.


Brian Burley                                                  A-20-156

For City that has adopted local contribution limits pursuant to Section 85702.5, the Act’s general intra-candidate transfer provisions under Section 85306 are inapplicable. Accordingly, the Act does not prohibit the transfer. However, the permissibility of such a transfer will depend on any federal restrictions as well as the City’s local ordinances.

Conflict of Interest

Michael Wagner                                            I-20-153

The Act’s conflict of interest provisions generally would not prohibit a member of a school district’s governing board, who also serves as a volunteer assistant football coach for a high school under the district’s authority, from taking part in decisions relating to the school district or the high school’s athletic programs, including the high school’s football program, unless it is reasonably foreseeable that the decision would have a material financial effect on one or more of the governing board member’s interests specified in Section 87103.  

Hannah Shin-Heydorn                                 A-20-157

The Act prohibits a city councilmember from taking part in decisions relating to any decision regarding the city council’s potential reimbursement of the councilmember incurred personal tuition expenses.

Section 1090

Jamie Raymond                                            A-21-003

Neither the conflict of interest provisions of the Act nor Section 1090 prohibit City from entering a contract with a firm for construction management services for a City project where the employer of a councilmember will be a subcontractor for the firm on the same project because the remote interest exception under Section 1091(b)(2) applies. However, the councilmember must follow the requirements for abstention pursuant to Section 1091(a) and, in addition, leave the room during any decision concerning the contract in accordance with the Act’s recusal requirements.

Joel Campbell-Blair                                      A-21-010

Neither the Act nor Section 1090 prohibit a county supervisor from taking part in a contracting process involving an organization that employs the official’s adult, financially independent child.