Defining conflict of interest
I've been working on a story that I thought would prove that an elected official had an obvious conflict of interest. But after I re-read the law, which is ambiguous, my head deflated a bit when I realized the story that I was first convinced could bring criminal charges won't even result in a slap on the wrist.
Here's how the code reads:
"Assets and income of public officials which may be materially affected by their official actions should be disclosed and in appropriate circumstances the officials should be disqualified from acting in order that conflicts of interest may be avoided." Gov. Code section 81002(c)
"No public official at any level of state or local government shall make, participate in making or in any way attempt to use his official position to influence a governmental decision in which he knows or has reason to know he has a financial interest."
Gov. Code Section 87100
You would think that conflict of interest laws would be more clear cut. Sort of a: if you do this, than it is conflict of interest. The FPPC explains an overview of the laws for elected officials, and basically gives them this advice:
1. Know the purpose of the law, which is to prevent biases, actual and apparent, which result from the financial interests of the decision-makers. Learn to spot potential trouble early. 2. Understand which of your economic interests could give rise to a conflict of interest. 3. Understand the "big picture" of the rules. For example, know why the rules distinguish between directly and indirectly involved interests, and why the public generally exception exists.
I'm still working on that story, but it may not be as sexy as the one I hoped for.