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The Department of Resources Recycling and Recovery (Department) is amending its conflict of interest code to include employee positions that involve making decisions or participating in making decisions that may foreseeably have a material effect on any financial interest, as set forth in subdivision (a) of section 87302 of the Government Code.
These amendments delete position titles that are no longer in use and add position titles that involve making governmental decisions by (1) voting on a matter, (2) obligating or committing the Department, or (3) entering into contractual agreements for the Department. The amendments also add position titles that participate in the making of governmental decisions by (1) negotiating on behalf of the Department or (2) advising or making recommendations to the decision maker by (a) conducting research or (b) preparing reports, analyses or opinions.
Affected Regulatory Code Sections
Section 18419 of Chapter 5.9 of Division 7 of Title 14 of the California Code of Regulations. (Cal. Code Regs., Title 14, § 18419.)
Current Status and Documents
The Department filed its Notice of Intention with the Office of Administrative Law on July 11, 2019 for publication on July 26, 2019.
The Department filed its rulemaking package with the Fair Political Practices Commission (FPPC) on July 11, 2019. The FPPC is the conflict of interest code reviewing body for the Department. (Gov. Code § 82011(a).)
The Department provided notice to employees affected by the amendments on or about July 26, 2019. The Department is conducting a public comment period of at least 45 days beginning July 26 and ending no sooner than September 9, 2019.
The current rulemaking documents are listed below:
- Notice of Intention to Amend Conflict of Interest Code (PDF)
- Reasons for Amending Conflict of Interest Code (PDF)
- Proposed Conflict of Interest Code (Strikeout 6-18-19) (PDF)
Any interested person may submit written statements, arguments, or comments relating to the proposed amendments by submitting them in writing no later than September 9, 2019, or at the conclusion of the public hearing, if requested, whichever comes later, to the point of contact set forth below.
At this time, no public hearing has been scheduled concerning the proposed amendments. If any interested person or the person’s representative requests a public hearing, he or she must do so no later than August 26, 2019, by contacting the point of contact set forth below.
Department of Resources Recycling and Recovery (CalRecycle)
1001 I Street, MS-24B
Sacramento, CA 95814
Telephone: (916) 341-6080
Fax: (916) 319-7138