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Form 700 Frequently Asked Questions

 


I am running for office. Do I have to file a Conflict of Interest Statement (Form 700)?

 

Candidates running for local elective offices (for example, county sheriffs, city clerks, school board trustees, and water district board members) must file candidate statements, as required by the conflict-of-interest code for the elected position.

 

If you are filing a statement in connection with your candidacy for state or local office, investments, interests in real property, and business positions held on the date of filing your declaration of candidacy must be reported.  In addition, income (including loans, gifts, and travel payments) received during the 12 months prior to the date of filing your declaration of candidacy is reportable.  Do not change the preprinted dates on Schedules A-1, A-2, and B.

Form 700

 

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I am a newly elected/appointed official or board member that filed a Conflict of Interest Statement (Form 700) as a candidate. Do I also have to file an assuming office statement now that I am in office?

 

The answer is, “Yes”. Investments, interests in real property, and business positions held on the date you assumed the office or position must be reported. In addition, income (including loans, gifts, and travel payments) received during the 12 months prior to the date you assumed the office or position is reportable.

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I am a reelected official or board member. Do I have to file an assuming office statement?

 

If you complete a term of office and, within 30 days, begin a new term of the same office (for example, you are reelected or reappointed), you are not required to file an assuming office statement.  Instead, you may file the next annual statement due.

 

Example:  Last day of term is October 30, 2007 and beginning of new term is November 6, 2007 (you only need to file an annual statement)

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If there is a lapse of more than 30 days, from the last day of term and the beginning of the new term, you have to file a leaving office and an assuming office statement. Investments, interests in real property, and business positions held on the date you assumed the office or position must be reported. In addition, income (including loans, gifts, and travel payments) received during the 12 months prior to the date you assumed the office or position is reportable.

 

Example:  Last day of term is June 20 (leaving office statement required) and beginning of new term is August 10 (assuming office statement required).

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Leaving Office

 

 

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Assuming Office

 

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I am a newly elected/appointed official or board member. What is my assuming office date?

 

Elected officials are deemed to assume office on the date they are sworn in. Non-elected officials assume office on the date they are authorized to serve or on the date they are sworn in.


Investments, interests in real property, and business positions held on the date you assumed the office or position must be reported.  In addition, income (including loans, gifts, and travel payments) received during the 12 months prior to the date you assumed the office or position is reportable.

 

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When should I file an assuming office statement or leaving office statement?

 

A designated filer must file within 30 days of assuming office or within 30 days of the effective date of a newly adopted or amended conflict-of-interest code.

 

Example:  Date of assuming office is July 1, 2007

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Officials leave office on the day they stop performing their official duties. (See FPPCs Regulation 18722 for more information.).  A leaving office statement must be filed within 30 days from the date a filer left office or ceased performing their official duties.

 

Example:  Date of leaving office is August 10, 2007

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Filers who leave office between January 1, 2008, and April 1, 2008, may file a combination annual/leaving office statement instead of two separate statements as long as the statement is filed within 30 days of leaving office or by April 1, 2008, whichever is earlier.

 

Example:  Date of leaving office is March 19, 2008

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I am a city council member but also a board member of one of the county agencies. How should I file?

 

If you hold multiple positions (for example, a city council member who also is a member of a county board or commission), you may be required to file statements with each agency. To simplify your filing obligations, you may complete an expanded statement.

 

To do this, enter the name of the other agency(ies) with which you are required to file and your position title(s) in the space provided.  Attach an additional sheet if necessary. Complete one statement covering the disclosure requirements for all positions. Each copy must contain an original signature. Therefore, before signing a statement, make a copy for each agency. Sign each copy with an original signature and file with each agency. Be aware of the jurisdictions.

 

Example:  You are a city council member (Redwood City) and a board member of the Civil Service Commission (San Mateo County)

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I assumed office on November 1, 2007. Do I have to file an annual statement that is due on April 1, 2008?

 

Last Quarter assuming individuals who assumed office between October 1, 2007, and December 31, 2007, and filed assuming office statements are not required to file the 2007 annual statement. The next annual statement (2008) should cover the day after their assuming office date through December 31, 2008, and will be due on April 1, 2009.

 

Example:  Assumed office on November 1, 2007

 

        1. Assuming Office Statement due within 30 days from Nov.1st

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        2. Annual Statement due on April 1, 2009

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