Opinion No. (2008)

EDMUND G. BROWN JR. Attorney General SUSAN DUNCAN LEE Deputy Attorney General THE HONORABLE DAVE COX, MEMBER OF THE STATE SENATE, has requested an opinion on the following question: May a city council member be paid a fee by a city for performing drug testing of a city employee who has been involved in a traffic accident, where the council member is the only certified drug tester in the immediate area who is available to perform the test? CONCLUSION A city council member may be paid a fee for performing drug testing of a city employee who has been involved in a traffic accident, where the council member is the only certified drug tester in the immediate area who is available to perform the test, time is of the essence in performing the test, and the tester is paid on the same fee schedule and terms as any other tester operating under the contract. *Page 2 ANALYSIS Government Code section 1090 prohibits conflicts of interest by public employees in the making of government contracts. 1 The statute is generally concerned with any financial interest, "other than perhaps a remote or minimal interest, which would prevent the officials involved from exercising absolute loyalty and…