Conflict of Interest Code Exemptions

Regulation 18751 provides the procedure and standards for obtaining an exemption from Government Code Section 87300, which requires adoption and promulgation of a conflict of interest code.

Exemptions are granted by the FPPC Executive Director only if he or she finds:

(1) That if the agency were to adopt a Conflict of Interest Code, there would be no "designated employees," within the meaning of Government Code Sections 82019 and 87302(a);

(2) That the agency is, or within one year will be, inoperative and nonfunctioning; 

(3) That the agency is a committee, board, or commission that does not possess decision-making authority as defined in 2 Cal. Code Regs. Section 18700, and both of the following apply:

(A) The agency will not acquire real property in the foreseeable future; and

(B) The annual operating budget exclusive of salaries for the agency is less than $150,000; or

(4) That good cause exists for granting an exemption due to extraordinary circumstances that indicate the burden on the agency of adopting a conflict of interest code is not warranted by the degree of likelihood that a conflict of interest may occur.

If you have questions or require further assistance, please Ask FPPC for Advice.

How to Request Advice

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