Recently, Clive Finchamp posted two comments on the home page asking for candidates to post their assets. (I’ve included them below.) Some other comments made recently along the same lines prompted me to write this post about the issue of conflicts of interest and property ownership.
Every Director and candidate is expected to complete what is called a Form 700 with the Fair Political Practices Commission. The Political Reform Act prevents conflicts of interest in two ways — disclosure and disqualification. (See Gov. Code Sections 87100-87350.)
Disclosure
The purpose of financial disclosure is to alert public officials to personal interests that might be affected while they are performing their official duties, i.e., making governmental decisions. Disclosure also helps inform the public about potential conflicts of interest.
Public officials at every level of state and local government must disclose their personal financial interests. Elected officials, judges, and high-ranking appointed officials generally have the most comprehensive disclosure requirements. (Gov. Code Section 87200.) These include disclosure of:
Investments in business entities (e.g., stock holdings, owning a business, a partnership)
Interests in real estate (real property)
Sources of personal income, including gifts, loans and travel payments
Positions of management or employment with business entities
For most other officials, including employees of state and local government agencies, it is up to the agencies that employ them to decide what their disclosure requirements are. Each state and local agency must adopt a conflict of interest code tailoring the disclosure requirements for each position within the agency to the types of governmental decisions a person holding that position would make. For example, an employee who approves contracts for goods or services purchased by her agency should not be required to disclose real estate interests, but should be required to disclose investments in and income from individuals and entities that supply equipment, materials, or services to the agency. (Gov. Code Sections 87301 and 87302.)
Unpaid members of boards and commissions and consultants to state and local government agencies also may be required to disclose their personal financial interests if they make or participate in making governmental decisions that could affect their private financial interests.
Disclosure is made on a form called a “statement of economic interests” (Form 700). The form must be filed each year. Filed forms are public documents that must be made available to anyone who requests them.
The incumbents’ form 700 are available at the CCSD offices – I have seen them myself.
From Clive:
Thus far I am the only candidate who has posted his assets on this webstite. How do we know that the whether the other candidates have any financial interests in the issuses they have voted on? Do any of the candidates, for example, own lots in Cambria and therefore have a vested interest in the way they voted? Or do any of them on rental property the would conflict with their duties on the board? By simply posting their assets on this website would clear up the matter entirely.
I have recently asked the Board Directors to post their assets on the Boards website as their are rumors that some of them have extensive lot holdings that would conflict with the say they have voted in the past. i.e., on the lot buyback plan.
From another commenter:
We do not need “rumors” as you cited, we need facts. And we need water. Let’s not rely on rumor about “extensive lot holdings” of ccsd board members, as referenced by Mr. Finchamp. I did not find evidence of such by looking at public tax records,but let’s not rely on that either. There is one way we can all know for sure. I think it is unreasonable to ask candidates to list all assets as Mr. Finchamp is calling for, but as a voter I would like to know how many vacant buildable lots are owned by candidates running for CCSD.
All these holdings should be shown on each candidate’s Form 700.
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