Conflicts of interest can arise in many different ways, and often become apparent at the last minute without warning. Trying to determine whether an official has a conflict of interest in such circumstances can be very difficult. Kronick has updated its popular guide to assist you in making that determination. To have a copy of Kronick’s Conflict of Interest Guide mailed to you, please complete this form.
The heart of the Political Reform Act is that it prohibits a public official at the state or local level from making, participating in, or attempting to influence a governmental decision in which he or she knows or has reason to know she has a financial interest.
There are five basic questions that, you, as a public official need to ask yourself in determining whether or not you have a conflict of interest:
- Are you making, participating in, or using your “official position” to influence a governmental decision?
- Do you have a financial interest in the decision?
- Is an effect on your financial interest reasonably foreseeable?
- Will the decision have a material effect on your financial interest?
- Is the effect of the decision on your financial interest distinguishable from its effect on the general public?
Consult with Kronick’s Conflict of Interest Guide for guidance on how to evaluate these five questions. If you are uncertain about whether or not a conflict of interest exists, you should contact legal counsel. As always, the attorneys at Kronick are available to answer any questions you may have. Please contact any member of our Municipal Law Team.