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Board and Commission Members
The Public Ethics Commission (PEC) is a resource for City boards and commission members. We provide education, advice, technical assistance, and legal opinions to help you understand and comply with City ethics and transparency laws. The PEC is currently expanding to utilize a comprehensive ethics compliance model that aims to create a culture of ethics in City government that can build and maintain public trust.
Government Ethics Act Introduction
Our Government Ethics Act introductory video is an essential first step to understanding the local laws that apply to you in your role as a City board or commission member. Watch this brief video and feel free to contact the PEC with any questions you may have. Or stop by our office on the first floor of City Hall (Room 104).
The above introduction video to the Government Ethics Act is approximately 10 minutes in duration.
IV. Conflict of Interest and Personal Gain
Financial Conflicts of Interests
Ensures that public servants make all decisions in the public’s interest and not for person gain
Statement of Economic Interests (Form 700)
Requires elected officials and designated public servants to disclose economic interests on CA Form 700
Conflicts of Interests in Contracting
Prohibits public servants from entering into a contract in which he or she has a financial interest
Prevents public servants from sharing confidential information with other persons for personal gain
Incompatible Public Offices
Prohibits public servants holding two public offices that are incompatible
Conflict in Office
Prohibits the Mayor and City Council from holding any other City office or employment while in office
Influencing Prospective Employment
Prohibits public servants from making or influencing a governmental decision affecting a future employer
V. Leaving Public Service “Revolving Door” Restrictions
Permanent Post-Service Restriction on Representing, Advising, and/or Assisting Non-City Parties in Particular Matters
Prohibits public servants from leaving the City to work for a non-City person or entity on the other side of a particular issue in which they personally participated
One-Year Post-Service Restriction on Supervisors Representing Non-City Parties.
Prohibits public servants from leaving the City to work for a non-City person or entity on the other side of a particular issue in which they served as a supervisor of an employee that substantially participated
One-Year Restriction on Public Servants Representing Other Persons Before Former Department
Restricts a public servant, for one year after they leave City service, from influencing their former department or unit on behalf of another person
Employment by a Party to a City Contract on Which the Public Servant Worked
Prohibits a public servant from working for a person or entity that entered into a contract with the City within the preceding one year where the public servant substantially participated in the award of the contract
Waiver by the Public Ethics Commission
Authorizes the PEC to waive the restrictions in sections V(A) – V(C) under certain circumstances
VI. Perks of Office and Misuse of City Resources or Position for Private Gain
Misuse of City Resources or Position
Prohibits public servants from using or permitting others to use public resources for campaign activities, personal, or non-City purposes not authorized by law.
A public servant may not use his or her authority or power of position for private advantage.
Prohibitions Related to Political Activity and Solicitation of Contributions
A public servant may not use his or her office or authority to help secure a position with the City in exchange for a vote or other political influence.
A public servant, in addition to an Oakland School Board candidate, may not solicit a political contribution from another public servant, except as part of mass communications to a large group of the general public.
A public servant may not participate in political activities while in uniform.
Restrictions on Gifts
Requires a public servant to comply with the gift requirements and restrictions in the Political Reform
Imposes a $250 annual gift limit for public servants, except gifts from restricted sources, such as lobbyists
and persons doing business with or seeking to do business with the City, which would be limited to $50 in
gifts per year per source.
Prohibition on City Officers and Board or Commission Members Contracting with the City
Prohibits “City officers,” as defined more narrowly than “public servant,” from entering into contracts of more than $10,000 with the City while they are serving in their public service positions
VII. Fair Process
Prohibition on Bribery
No person shall offer or make, and no public servant shall solicit or accept, anything of value in exchange for the performance of any official act
Prohibition on Payment for Office or Appointment
A public servant may not give or promise to give to any person anything of value in exchange for nomination, appointment, support, or election to any office or employment
Prohibition on City Public Servant Influencing Contracts with Former Employer
A public servant may not use his or her official position to influence a decision regarding a contract with a party with whom the public servant was previously employed within the preceding 12 months
Prohibition on Nepotism
A public servant may not make or influence an employment or contract action involving a relative
Non-Interference in Administrative Affairs
City Council may not give orders, coerce or influence City administrative staff and should deal with administrative services through the City Administrator, Mayor, or other designees
VIII. Public Ethics Commission Role and Responsibilities
Requires the PEC to provide advice, assistance and training to City public servants and candidates who would be subject to the Ethics ordinance
Allows the PEC to adopt, amend, and rescind rules and regulations to carry out the purposes and provisions of
the Government Ethics Act
Adds criminal, civil, and administrative penalties for
violations of the Government Ethics Act, and adds an injunctive relief remedy for any person residing in the City