Brown

Does the Political Reform Act of 1974 preclude Oakland Mayor Jerry Brown from participating in decisions concerning a redevelopment project near property he owns? The Oakland City Attorney requested an opinion on this question from the Fair Political Practices Commission (FPPC). After a public hearing, the FPPC concluded the mayor’s participation in the project was not “legally required” within the meaning of the PRA’s conflict of interest provisions, and was therefore barred. The mayor filed a petition for a writ of mandate in this court, seeking to compel the FPPC to withdraw its opinion and issue another permitting his participation. We ordered the FPPC to show cause why the relief requested by the mayor should not be granted.

We conclude the mayor’s participation in the redevelopment project is legally required in order for the Oakland City Charter to function as the voters intended.

Background

1. The Mayor’s Request for an Opinion

In his request for the FPPC’s opinion, dated January 14, 2000, the mayor set out the following circumstances. In November 1998 the voters of Oakland passed initiative Measure X, which amended the city charter. Measure X established the…