Laws
Laws are rules that systematically govern behavior and are enforced through a variety of mechanisms. Laws can be made of codes, regulations, case law and are ultimately designed to protect individuals and our society. Sometimes laws are born out of social norms or societal morals.
Over the years, California and the Federal Government have enacted rules and regulations to assist agencies and employees in navigating the ethical issues found in today’s modern workplace. Businesses and public agencies have also created Codes of Ethics or Codes of Conduct which assist employees in resolving ethical dilemmas.
Speed limits, drinking ages, discrimination and sexual harassment, how to dispose of certain waste, use of seat belts, and safety and health are all examples of codes and regulations that make up laws. It is important to note that in order for a decision to be ethical, it must also be legal, meaning that the decision must comply with the law or at the very least not violate the law.
Ethics Laws in California
There are many regulations that govern ethics in the State of California. Below is a summary of the most common ethics-related regulations:
Laws prohibiting bribery (Pen. Code, § 68)
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Conflicts of interest under the Political Reform Act (Gov. Code, §§ 87100, 87103)
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Contractual conflicts of interest (Gov. Code, § 1090 et seq.)
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Conflicts of interest and campaign contributions (Gov. Code, § 84308)
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Conflicts of interest when leaving office (Gov. Code, §§ 87406.3, 87407)
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Limitations on the receipt of gifts (Gov. Code, §§ 86203, 89503, 89506)
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Honoraria ban (Gov. Code, § 89502) -
Misuse of public funds (Pen. Code, § 424; Gov. Code, § 8314; Fair Political Practices Commission v. Suitt (1979) 90 Cal.App.3d 125; Stanson v. Mott (1976) 17 Cal.3d 206)
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Prohibitions against gifts of public funds (Cal. Const., art. XVI, § 6)
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Mass mailing restrictions (Gov. Code, § 89001)
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Prohibitions against acceptance of free or discounted transportation by transportation companies (Cal. Const., art. XII, § 7)
Economic interest disclosure under the Political Reform Act (Gov. Code, §§ 87200 et seq.)
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Brown Act (Gov. Code, §§ 54950 et seq.)
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Public Records Act (Gov. Code, §§ 6250 et seq.)
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Common law bias prohibitions
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Due process requirements
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Doctrine of Incompatible Offices (Gov. Code, §§ 1099)
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Competitive bidding requirements for public contracts
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Whistleblowing requirements for public agencies
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Disqualification from participating in decisions affecting family members (anti-nepotism laws)
As you can see, there are many regulations that affect ethics in the State of California. Reviewing these regulations will give you a better understanding of the types of prohibitions that you may face while performing your duties.