Conflicts of Interest – Government Code sec 1090

For a few years there, most during the recession, investigations and prosecutions involving Government Code section 1090.  With the economy well on the road to recovery Conflict of Interest prosecutions are starting up again.  California Attorney General Kamala Harris issued two opinions late last year regarding Government Code section 1090.  Government Code section 1090 prohibits a “government official” from being “financially interested” in any contract made by him or her in an official capacity, or by any public body on which he or she sits.  The definition of both who is a “government official” and what a “financial interest” is extremely broad. In one opinion (Op. 13-702) Harris was asked two questions: (1) whether a community college trustee who is married to a tenured professor could participate in the collective… read more →