State Agencies - Adopting & Amending Conflict of Interest Codes

A state agency’s conflict of interest code must reflect the current structure of the organization and properly identify officials and employees who should be filing Statements of Economic Interests (Form 700s). One of the FPPC’s primary goals is to streamline the process for adopting and amending conflict of interest codes so it is more efficient for the agency and the FPPC.

The information below provides an overview of the process. For a more detailed description of the process, please refer to the FPPC’s guide How to Amend a State Agency’s Conflict of Interest Code.

Biennial Review of Conflict of Interest Codes

Over time, the structure of an agency will change because employees’ duties shift, positions are renamed or eliminated, and the organizational structure is modified. When an agency makes these types of changes, the conflict of interest code must be amended accordingly. To ensure the codes remain current and accurate, a state agency must review its code biennially during odd-numbered years. The FPPC will send a State Agency Biennial Notice as a reminder of this obligation.

The Six-Step Process to Amend a State Agency's Conflict of Interest Code

If a state agency determines it must amend its code, there are six steps to complete: 1) collect all necessary documentation, including the current code; 2) review and update the code to reflect the current agency structure; 3) submit the updated code and other required documents to the FPPC for review; 4) consult with the FPPC and amend the code as necessary; 5) conduct a 45-day public notice and comment period; and 6) submit the amended code to the FPPC for final approval.

For detailed information on each step in the process, please refer to the FPPC’s State Agency Conflict of Interest Code Amendment Checklist

If an agency believes it is exempt from the conflict of interest code requirement, information on exemptions is available.

Resources for State Agencies

Additional Training and Outreach

The FPPC also offers workshops and webinars on conflict of interest codes for state or local government employees who are tasked with creating or amending their agency's code. The training explains how to adopt or amend a code. Topics include review of the current code, analysis of disclosure categories, how to designate positions, and how to assign categories to those positions. Additional training information is available including an online video on how to amend a state agency's code.

If you have further questions, Ask the FPPC for Advice

Statutory Authority

Government Code sections 87302, 87302.6, 87303, 87306, 87307, 87309, 87310, 87311, and 87314 can be viewed in the Political Reform Act.

Regulation 18750.

How to Request Advice

If you have questions about your obligations under the Act you can request advice directly from FPPC staff