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AB 3130 – Board of Supervisors Required to Disclose Familial Relationships in Nonprofit Entities Prior to Appropriating Money to Nonprofit Entities

CATEGORY: Client Update for Public Agencies, Fire Watch, Law Enforcement Briefing Room
CLIENT TYPE: Public Employers, Public Safety
DATE: Oct 23, 2024

The California Government Code prohibits members of the Legislature, state, county, district, judicial district, and city officers or employees from being financially interested in any contract made by them in their official capacity, or by any body or board of which they are members. An officer is not deemed to be interested in a contract if the officer has only a remote interest in the contract, that interest is disclosed to the body or board of which the officer is a member, and the same is noted in its official records. The body or board must authorize, approve, or ratify the contract in good faith by a vote of its membership sufficient for the purpose without counting the vote or votes of the officer or member with the remote interest. A remote interest includes, among other items, an interest in a nonprofit entity.

Assembly Bill 3130 requires a member of the board of supervisors to announce in an open and public meeting, and note in the official records of the board of supervisors, any known family relationship with an officer or employee of a nonprofit entity before the board of supervisors appropriates money to that nonprofit entity. A family relationship is defined as a relationship by blood, adoption, marriage, domestic partnership, or cohabitation.

(AB 3130 adds section 25043 to the Government Code)

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