Commission on California State Government Organization & Economy v. Fair Political Practices Commission

In this mandate proceeding the Commission on California State Government Organization and Economy (commission) contends that the Political Reform Act of 1974 exempts it from promulgating a “Conflict of Interest Code” covering its appointive members. It seeks a writ directing the Fair Political Practices Commission (FPPC) to grant its claim of exemption. We hold that the commission is not exempt and deny its petition.

The objective of the Political Reform Act is the promotion of impartial and ethical conduct of public affairs by state and local government officials. (See Gov. Code, § 81000.) The FPPC has primary responsibility for administration of the act. (§ 83111.) One of the act’s regulatory segments deals with conflicts of interest. It prohibits a public official, state or local, from participating in or using his official position to influence a governmental decision in which he has a financial interest. (§ 87100.) It requires state and local agencies to adopt conflict of interest codes covering their “designated employees.” (§ 87300.) Such a code designates the decision-making positions within the agency involving foreeseeable conflicts of interest and requires the…