Page 25 - Microsoft Word - Lozano Smith Board Member Toolkit 2025

Travel. As a general rule, transportation, lodging and accommodations are covered by
the gift limit. However, there are a number of exceptions. The primary exception
concerns when an official makes a speech, conducts a seminar, or serves on a panel
within California. There are also special rules against public officers receiving free or
discounted transportation.

Honoraria. Officials may not receive payments for making speeches, publishing
articles, or attending public or private conferences, conventions, meetings, social
events, or meals in their official capacity, unless they would otherwise do so as part of
their ordinary professional duties.

Use of public resources. Personal use (including staff time and agency equipment)
and political use (including support or opposition of candidates or local ballot
measures) of public resources are prohibited.

Behested gifts. Gifts of over $5,000 made to charities or nonprofits at the suggestion
of an elected official must be reported by the official.

Fair Process Laws
The public expects its elected officials to be impartial and avoid favoritism. Public
hearings must be conducted in accordance with due process principles.

Incompatible offices. Officials may not simultaneously hold two public offices. Many
offices are elected, but an "office" can include appointed positions as well. For
example, one cannot simultaneously serve as school board member and a member of
the city's planning commission. This rule applies only to positions of importance that
are considered offices; it does not apply to employment positions.

Incompatible activities. Public officials may not engage in any private employment or
activity for compensation that is inconsistent with or in conflict with their official duties.

Competitive procurement in public contracting. Public contracting laws, which require
competitive bidding for public works projects and equipment or services, give parties
an opportunity to do business on an equitable basis. Inviting competition guards
against favoritism, fraud, and corruption, and may help secure the best work or
supplies at the lowest price.

Campaign Contribution and Pay-to-Play
The Political Reform Act has also has rules in place to prevent public officials from
being unfairly influenced by contributors to their campaign. These are often referred
to as “pay-to-play” rules. Government Code section 84308 prohibits a party seeking a
contract (other than a competitively bid contract), license, permit, or other entitlement
for use from making a contribution of more than $250 to an officer of a public agency,
as defined. An officer of an agency may not solicit a contribution of more than $250

22 Guide to Effective Governance