Ex 5.2 - Three city councilmembers and two county supervisors serve on the Local Agency Formation Commission (LAFCO). Since the councilmembers and supervisors were appointed to the commission, they may not vote on a LAFCO issue if they have received a contribution in the last 12 months of more than $250 from someone who is a party, participant, or agent in the proceeding.
Government Code Section 54964 prohibits an officer, employee or consultant of a local agency from expending or authorizing the expenditure of any local agency funds to support or oppose a candidate or ballot measure. For further information about laws outside the Act, contact the Attorney General’s office at (800) 952-5225 or the local district attorney. D. Campaign Contributions and Disqualification Campaign contributions received in connection with an elective office may serve as the basis for disqualifying an officer from voting on a matter affecting the contributor, and may limit the amount of a contribution an officer can receive from a contributor with certain matters pending before the officer’s agency. These rules apply to decisions before both elected officers as well as appointed officers where the appointed officer is also a candidate for an elected office. Specifically, Government Code Section 84308: • Prohibits Contributions Over $250: Prohibits an officer from soliciting, accepting, or directing campaign contributions of more than $250 from any party, participant, or agent of a party or participant, while a proceeding involving a license, permit, or other entitlement for use is pending before the officer’s agency and for 12 months following the date of that decision. This prohibition applies even when the contribution is for another candidate. • Requires Disclosure: Requires disclosure of all such campaign contributions and also requires an officer’s disqualification from making decisions in certain proceedings if the officer has received more than $250 in campaign contributions from a party or participant within 12 months preceding the decision.
Fair Political Practices Commission advice@fppc.ca.gov
Chapter 5.7
Campaign Manual 2 August 2023 Page 227
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