Fair Political Practice Commission Policy
The Fair Political Practice Commission (FPPC) recently amended Regulation 18705.5 concerning appointments of a legislative body's members to participate on governing boards of other agencies. As example of such an appointment is a city council appointment of one or more of its members to a joint powers authority or special district. The public officials who serve in these other positions sometimes receive additional compensation for their service. Additionally, in some cities, city councils appointment the positions of mayor and vice mayor from among their members and provide additional compensation to the officials serving in those positions.
The FPPC regulations used to provide that any person who would appoint him or herself to one of these positions had a conflict of interest if the appointee would receive $250 or more within any twelve-month period. The FPPC amended the applicable regulation to permit a person to participate in a decision where he or she could be appointed to an external position and receive $250 or more within a twelve-month period so long as certain conditions were followed, including completion of a form documenting the positions.
The FPPC in May adopted Form 806, which requires the legislative body making the appointment to dissolve the positions for which compensation is paid, the salary or stipend for each positions, the name of the official who has been appointed to the position, the name of an alternate, if there is one, and the term of the position. The FPPC also explained the specific process to follow before appointments are made, as follows:
*Complete the Form 806, listing all paid appointed positions (including an estimated annual payment) as soon as possible and have the agency head or designee sign it.
*Post the Form 806 on the agency's web site. The form must be posted prior to the first vote to appoint a member to a paid position on another agency's board.
*Update the Form 806 to reflect changes. The FPPC requires updating the form "promptly as changes occur." Changes may include different appointees, a change to the number of scheduled meetings, or a change in the amount of compensation.