California Department of Resources Recycling and Recovery (CalRecycle) 

Proposed Regulations

2017 Conflict of Interest Code Amendments

Description

The Department of Resources Recycling and Recovery (Department) is amending its conflict of interest code to include employee positions that involve making decisions or participating in making decisions that may foreseeably have a material effect on any financial interest, as set forth in subdivision (a) of section 87302 of the Government Code.

These amendments delete position titles that are no longer in use and add position titles that involve making governmental decisions by (1) voting on a matter, (2) obligating or committing the Department, or (3) entering into contractual agreements for the Department. The amendments also add position titles that participate in the making of governmental decisions by (1) negotiating on behalf of the Department or (2) advising or making recommendations to the decision maker by (a) conducting research or (b) preparing reports, analyses or opinions.

Affected Regulatory Code Sections

Section 18419 of Chapter 5.9 of Division 7 of Title 14 of the California Code of Regulations. (Cal. Code Regs., title 14, § 18419.)

Current Status and Documents

  • The Department filed its Notice of Intention with the Office of Administrative Law on July 6, 2017 for publication on July 21, 2017.
  • The Department filed its rulemaking package with the Fair Political Practices Commission (FPPC) on July 10, 2017. The FPPC is the conflict of interest code reviewing body for the Department. (Gov. Code § 82011(a).)
  • The Department provided notice to employees affected by the amendments on or about July 21, 2017. The Department conducted a public comment period of at least 45 days beginning July 21 and ending on September 5, 2017.
  • On September 13, 2017, the FPPC approved the Department's conflict of interest code amendments as proposed. The Department received notice of the approval on September 18, 2017 and filed the FPPC-approved code with the Office of Administrative Law (OAL) on September 22, 2017.
  • OAL filed the amended conflict of interest code with the Secretary of State (SOS) on October 4, 2017. (Gov. Code § 11349.3(a).) The amended code is effective as of November 3, 2017, the thirtieth (30th) day after it was filed with the SOS. (Cal. Code Regs., title 2, § 18750(l).).

Stakeholder Input

Any interested person could have submitted written statements, arguments, or comments relating to the proposed amendments by submitting them in writing no later than September 4, 2017, or at the conclusion of the public hearing, if requested, whichever comes later, to the contact person set forth below. CalRecycle received and responded to four inquiries.

Any interested person or the person's representative could have requested a public hearing no later than August 21, 2017, by contacting the contact person set forth below. No public hearing was requested, scheduled, or held.

Contact

Elliot Block
Legal Office
Department of Resources Recycling and Recovery (CalRecycle)
1001 I Street, MS-24B
Sacramento, CA 95814
Telephone: (916) 341-6080
Fax: (916) 319-7138
Email: Elliot.Block@CalRecycle.ca.gov

Documents

Last updated: October 13, 2017
Proposed Regulations http://www.calrecycle.ca.gov/Laws/Rulemaking/
Legal Office: LegalSec@calrecycle.ca.gov (916) 327-0089