Conflict of Interest Policy

The Political Reform Act, Government Code §81000, et seq., requires state and local government agencies to adopt and promulgate conflict-of-interest codes.  The Fair Political Practices Commis­sion has adopted a regulation (2 Cal. Code of Regs. §18730) which contains the terms of a standard conflict of interest code.  It may be amended by the Fair Political Practices Commission after public notice and hearings to conform to amendments in the Political Reform Act.  There­fore, the terms of 2 Cal. Code of Regs. §18730 and any amendments to it duly adopted by the Fair Political Practices Commis­sion are hereby incorporated by reference and the Port Commission’s most recently adopted Conflict of Interest Code in which members of the Port Commission and employees are desig­nat­ed, and in which disclosure catego­ries are set forth, constitute the conflict of interest code of the Santa Cruz Port District.

Under the Act, public officials are disqualified from participating in decisions in which they have a financial interest. The Act does not prevent officials from owning or acquiring financial interests which conflict with their official duties nor does the mere possession of such interests require officials to resign from office.

The disqualification provision of the Act hinges on the effect a decision will have on a public official’s financial interests. When an official determines there is a conflict of interest, that official cannot participate in the making, or use his or her official position to influence the making of that decision at any level of the process.