California state budget, California universities and colleges budget deficit, credit default swaps, cricketdiane, education budget cuts United States, education in America, financial code of California, financial regulation reform, Georgia state budget, Georgia Universities and Colleges tuition hikes, insider trading, property taxes diverted to leveraged pools to play the stock market by states and agency budget managers, tuition hikes
My Note –
Aside from the increase in property taxes everywhere across America every year since 1970 something – there have been continuing re-appraisals of homes and businesses which have never gone down, not even now . . . These funds were intended for education, the lotteries were intended for education, the billions upon billions from a multitude of funding sources were intended for education, the businesses and corporations donated money for education systems, the non-profits donated money to education, the trusts and endowments placed money into budgets for education, the international and United Nations communities have been putting money into education systems even in the United States, the federal stimulus funds have come into states already for the education systems – what is wrong with these people that they think we don’t know what they are doing?
We can track those funds and among our entire population, we can find what has happened to them and what is happening to them now. Together, believe me – this will be sorted out. There are laws about how these funds can be used. There are laws that determine how these were to be used. And, there are most certainly trails to explain what has happened to them. Our nation’s people will join and find it as well as how these funds for education resources have been diverted and are being diverted now. The trail is there.
(2) In case an individual who is an executive officer of a bank is
also a director or executive officer of a company, the company is
deemed to be a related interest of the individual for purposes of the
referenced sections of Regulation O except subdivision (c) of
Section 215.4. However, this paragraph shall not apply to an
extension of credit by a bank to any of the following companies:
(A) A bank holding company of which the bank is a subsidiary.
(B) Any subsidiary of the bank holding company.
(C) Any nonprofit company engaged in religious, charitable,
educational, scientific, literary, social, or recreational purposes,
provided that the individual whose position as a director or
executive officer of the company at issue does not receive
compensation in excess of one thousand dollars ($1,000) per year for
serving as a director or executive officer of the company.
786. A bank may make a loan, otherwise complying with the provisions of this division, for the benefit of a trust, notwithstanding that the bank or any one or more executive officers or directors of the bank are trustees of the trust. 787. Any bank that makes an extension of credit in violation of this article is subject to a civil penalty pursuant to Section 216.3. Any person, other than the bank making the extension of credit, who knowingly makes or procures an extension of credit in violation of this article is guilty of a felony.
(my note – this includes state legislators, budget directors, state account executives engaged in procuring loans, state investment advisors who used inside information and friends among banks, hedge funds and Wall Street investment advisors and firms in order to leverage, borrow, make loans using state funds as collateral, to use state assets as collateral against loans, to invest money in hedge funds, credit derivatives and other Wall Street and stock market instruments using leverage to cover the costs and as pools of future state revenues to use for purchase of those stock market instruments and bank loans and whatever other actions resulted in losses. – There is no “sovereign immunity” when it gets to this . . . and among the financial code laws of every state, there are provisions which make it illegal to do a lot of the standard practices leveraging state moneys in education and other programs to gamble in the stock market and to tie up future state revenues. They had inside information, questionable relationships to the firms they were using for leverage, many sat in positions of directorships making well over $1000 a year for that function while also making decisions that impacted how those funds were leveraged and used, and they personally profited from the financial interactions made on the state’s behalf. The purchase of stocks by those involved could easily be done with prior knowledge of those increased asset values because state and education funds were being used in large leveraged pools to make the same purchases, among other things. – cricketdiane – I’ll keep looking for the trail to get more exact . . . )
CHAPTER 6. RESTRICTIONS AND PROHIBITED PRACTICES Article 1. General .............................................. 750-769 Article 2. Loans to Insiders .................................... 780-787 Article 3. Banking Business by Unauthorized Persons ............. 790-795 of California Code - Financial Code - (found here) http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=fin&codebody=&hits=20 (My Note - there's a lot of good stuff in this law that directly applies to the uses of funds during the last fiscal nightmare. - cricketdiane - I'll keep working to find the substance of the trail that shows what was done with property tax moneys and education funds . . . )
787. Any bank that makes an extension of credit in violation of this article is subject to a civil penalty pursuant to Section 216.3. Any person, other than the bank making the extension of credit, who knowingly makes or procures an extension of credit in violation of this article is guilty of a felony. ( does that include investment firms, stock brokers, credit default swap derivatives traders and account managers, mortgage-backed securities traders, account managers for Goldman Sachs, Citigroup investment managers, hedge funds, bankers acting as sales people for securities, stocks, bonds, and credit derivatives, members of the state government and state budget officers / state comptroller who leveraged state funds in order to purchase stocks, etc.? - my note) *** PUBLIC RESOURCES CODE SECTION 9521-95309521. (a) Except as provided in subdivision (b), the treasury of the principal county is the depository of all of the funds of the district. (b) As an alternative to using the county treasury as depository, a district may adopt a resolution transferring responsibility for the district treasury to the board of directors of the district, which shall deposit district funds as provided in Article 2 (commencing with Section 53630) of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code. Following adoption of the resolution, the provisions of this article relating to the county treasurer and county treasury shall not apply to the district. 9522. The treasurer of the principal county shall receive and receipt for all money of the district and place the same to the credit of the district. He is responsible on his official bond for the safekeeping and disbursement, in the manner provided in this article, of the money of the district held by him. 9523. The treasurer shall pay out money of the district only upon warrants approved by the county auditor, drawn upon order of the board of directors signed by the president and attested by the secretary. Whenever two or more districts enter into a joint powers agreement, or whenever a district enters into a joint powers agreement with other agencies of the state, the agency or entity administering the agreement shall determine where its funds shall be deposited and how such funds shall be paid out. 9524. The treasurer shall report in writing at each regular meeting of the directors and as often at other times as the directors may request the amount of money on hand, and the receipts and disbursements since his last report. The report shall be verified and filed with the secretary. 9525. The directors or other officers or employees of a district shall have no power to incur any indebtedness or liability in excess of the amount of money available under the provisions of this division. Any debt or liability incurred in excess of the express provisions of this division is void. Except, however, that nothing in this section shall prevent the directors from borrowing from such federal, state, county, public or private funds which are, or which may in the future become, available to the directors for the furthering of the work of the district in any manner or by the sale of bonds payable solely from any revenue of the district, if the assets acquired by such a loan or bond constitute the entire security for the loan or bond and if no indebtedness or liability is incurred by the directors in excess of the amount of the assets acquired. ** (My Note - check the "if . . . " part of this code and most other states have the exact same thing in its language . . . - cricketdiane) ** (cont.) 9526. The directors at their regular monthly meeting in July of each year shall make and file with the secretary a verified statement of the financial condition of the district showing particularly the receipts and disbursements of the preceding fiscal year together with the source of the receipts and the purposes of the disbursements. 9527. The annual financial statement shall be posted or published as the directors may determine. Such posting or publication shall be commenced within 10 days after the financial statement is filed with the secretary. If it is posted it shall be posted at the place of regular meeting of the directors and copies thereof shall be made available for delivery to any landowner in the district upon his request to the secretary. If the statement is published, it shall be published pursuant to Section 6066 of the Government Code in the principal county and in each other county in which any part of the district lies. 9528. An annual audit of the books, accounts, records, papers, money, and securities shall be made as required by Section 26909 of the Government Code. 9529. The directors of the district may, at such times as they deem necessary, determine whether any portion of the money on deposit in the treasury of the principal county is not necessary for immediate use; and if so, it shall determine the amount, which amount shall thereupon be designated as "surplus money" and transferred to a "surplus money account" in the treasury of the principal county. 9530. (a) "Surplus moneys," as determined pursuant to Section 9529, shall be invested exclusively in bonds or interest-bearing notes or obligations of the United States, or those for which the faith and credit of the United States are pledged for the payment of principal and interest. (b) Interest earned and other increment derived from any investment under this section shall be credited to the surplus money account for investment under this section.
A section listed underDIVISION 11. RESORT IMPROVEMENT DISTRICTS (which includes most of California - all things considered, my note)
in the California code
PUBLIC RESOURCES CODE
SECTION 13190-1319713190. The provisions of this chapter are alternative or supplemental to those providing for the use of the county treasury. 13191. The board may by resolution designate a bank as depositary of any or all of its funds. No question of interest shall affect such appointment. If the depositary is not designated for all of its funds, it shall designate what funds are to be deposited with the depositary. The county treasurer shall be the depositary for all funds not so designated. 13192. The charges of any depositary selected shall be a proper expense of the district. 13193. If the board appoints a depositary, it shall appoint a person who shall be known as finance officer, who shall serve at its pleasure. It shall fix the amount of his compensation. It shall fix the amount of and approve his bond. He may, but need not be a member of the board, or his office may be consolidated with that of the secretary. 13194. Bond principal and interest and salaries shall be paid when due. All other claims and demands shall be approved in writing or in open meeting by a majority of the members of the board. 13195. Warrants shall be drawn by the finance officer and signed by the president and secretary, or one of them and one member of the board. 13196. The finance officer shall install and maintain a system of auditing and accounting that shall completely and at all times show the financial condition of the district. 13197. The finance officer shall make annual or earlier written reports to the board, as it shall determine, as to the receipts and disbursements and balances in the several accounts under his control. The report shall be signed by him and filed with the secretary. http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=prc&codebody=&hits=20 (I am including this entry above because it is indicative of the responsibilities given to financial members of the state teams and agencies - they are bonded, they are qualified, they are responsible and they are to know better.) - my note *** Believe it or not - these items are found in this section -DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENTCHAPTER 3. STATE ENERGY RESOURCES CONSERVATION AND DEVELOPMENT COMMISSION ............................ 25200-25226CHAPTER 7. RESEARCH AND DEVELOPMENT .......................... 25600-25618 CHAPTER 7.1. PUBLIC INTEREST ENERGY RESEARCH, DEMONSTRATION,AND DEVELOPMENT PROGRAM ........ 25620-25620.15 CHAPTER 7.3. SMALL BUSINESS ENERGY TECHNOLOGY LOAN PROGRAM ........ 25630 DIVISION 16. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY ACT CHAPTER 1. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITYCHAPTER 4. FINANCES Article 1. Improvement Act of 1911; Municipal Improvement Act of 1913; Improvement Bond Act of 1915 ........ 26587-26590 Article 2. Financial Assistance ............................. 26591-26595 CHAPTER 5. IMPROVEMENTS ...................................... 26600-26601 CHAPTER 6. MAINTENANCE ....................................... 26650-26654DIVISION 20.4. WATERSHED, CLEAN BEACHES, AND WATER QUALITY ACT CHAPTER 1. GENERAL PROVISIONS ................................ 30901-30909 CHAPTER 8. THE CALIFORNIA OCEAN RESOURCES STEWARDSHIP ACT OF 2000 Article 1. General Provisions ............................... 36970-36973
(sorry about that - it's just interesting)
(also found this - )
PUBLIC RESOURCES CODE
8101. The Regents of the University of California may order the
selection of the 150,000 acres of land granted to the State for the
use of an agricultural college, and dispose of the land at the price
and in the manner fixed by them.
8102. The land agent of the university, as the agent of the State,
shall select the lands according to the instructions of the board,
and issue certificates of purchase and patents to purchasers who
comply with the conditions fixed by the board. The Regents shall
invest all moneys accruing from the sale of lands as they may deem
best, subject to the conditions of the act of Congress granting such
8103. All moneys, securities, or other properties arising from the
sale of the 72 sections granted to the State for a seminary of
learning, and from the sale of the 10 sections granted to the State
for the erection of public buildings, shall be paid out of the State
Treasury on the order of The Regents of the University.
8104. All persons who have purchased any portion of either of the
grants mentioned in Section 8103, and who have not paid in full
therefor, shall be included in the delinquent-list, and the district
attorney shall proceed against such delinquents as provided in
Sections 7902 and 7903, and the provisions of Sections 7903 to 7912,
inclusive, are made applicable to such proceedings. If such lands
revert to the State, they pass under the control of and may be sold
by The Board of Regents of the University.
8105. Whenever any resident of this State desires to purchase any
part of the 150,000 acres of land granted to the State for the use of
an agricultural college, he shall make an affidavit before any
officer authorized to administer oaths, that he is a citizen of the
United States or, if an alien, that he has filed his intention of
becoming a citizen, a resident of the State, of lawful age; that he
desires to purchase land, giving a description thereof by legal
subdivisions; that there are no improvements of any kind on the land
other than those of the applicant, or if there are improvements other
than his own, he shall state that such improvements are the property
of (giving his name), and have been upon the land for three months
or over, and that the township has been sectionized and the plats of
survey filed in the land office of the district in which the land is
located, for three months or over. The application shall be forwarded
to the said land agent of the university.
8106. When a contest arises between two or more persons concerning
the right of such persons to purchase any portion of the land granted
to the State for the use of an agricultural college, if either party
demands a trial in the courts of the State, the land agent of the
university, as the agent of the State, shall make an order, referring
the contest to the superior court of the county in which the land
involved is situated, and shall enter the order in the proper record
book of his office. The party making such demand shall prosecute his
contest to judgment within six months from the date of the demand,
unless for cause satisfactory to the court. Either party may bring an
action in the superior court of the county in which the land in
question is situated, to determine the conflict. The proffer of a
certified copy of the entry, made by the agent, shall give the
superior court full and complete jurisdiction to hear and determine
the conflict. Upon the filing, with the agent, of a copy of the final
judgment of the court, he shall issue the certificate of purchase,
or other evidence of title, in accordance with the final judgment.
(from this section - )CHAPTER 4. PROVISIONS RELATING TO PUBLIC LANDS GENERALLY Article 1. Applications for Purchase of Lands ................ 7705-7706 Article 2. Payments, Certificates of Purchase, and Patents ... 7723-7733 Article 6. Contests .......................................... 7921-7927 Article 7. Correction of Incorrect Descriptions of Patented Lands ............................................. 7951-7958 Article 8. Procedure on Improper Sales and Abandonment of Entries ........................................... 7971-7977 Article 9. Miscellaneous Provisions Relating to State Lands .. 7991-7993 Article 10. State Maps and Surveys ........................... 8001-8025 Article 11. Exemption From Condemnation ......................... 8030 CHAPTER 5. SALE OF UNIVERSITY LANDS ........................... 8101-8106 http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=prc&codebody=&hits=20 *** GOVERNMENT CODE SECTION 960-960.8960. As used in this chapter, "public agency" has the meaning given that term by Section 53050. 960.2. Notwithstanding any provision of law to the contrary, service of process in an action or proceeding against a public agency may be made in the manner provided in Section 960.3 if, during the 10 days immediately following the commencement of the action or proceeding: (a) No statement pertaining to the public agency is on file, or is placed on file, in the Roster of Public Agencies in the office of the Secretary of State and of the county clerk of each county in which the public agency then maintains an office, as required by Section 53051; or (b) A statement or amended statement pertaining to the public agency is on file, or is placed on file, in the Roster of Public Agencies in the office of the Secretary of State and of the county clerk of each county in which the public agency then maintains an office, but the information contained therein is so inaccurate or incomplete that it does not substantially conform to the requirements of Section 53051; or (c) A statement or amended statement pertaining to the public agency is on file, or is placed on file, in the Roster of Public Agencies in the office of the Secretary of State and of the county clerk of each county in which the public agency then maintains an office, but neither the governing body nor any officer or agent of the public agency upon whom personal service of process constitutes service upon the public agency can thereafter, with due diligence, be personally served at the address or addresses set forth in the statement. 960.3. (a) If it is shown by affidavit to the satisfaction of the court or judge that the circumstances required by Section 960.2 exist, the court or judge may make an order that service of process be made upon the public agency as provided in this section. (b) Service of process shall be made by: (1) Leaving two copies of the process for each public agency defendant to be served, together with two copies of the order authorizing the service, in the hands of the Secretary of State or in his or her office at Sacramento; or (2) Mailing two copies of the process for each public agency defendant to be served, together with two copies of the order authorizing the service, to the office of the Secretary of State in Sacramento by certified or registered mail, addressee only, return receipt requested. Service shall be effective as of the day the return receipt is received from the office of the Secretary of State. (c) Service in this manner constitutes personal service upon the public agency. (d) A fee of fifty dollars ($50) shall be paid by the plaintiff to the Secretary of State for each public agency on which service is made in this manner. 960.4. Upon receipt of the copies of process pursuant to Section 960.3, the Secretary of State shall give notice of the service of the process to the governing body of the public agency at its principal office in this state, by forwarding to such office, by registered mail with request for return receipt, a copy of the process. If the only address disclosed by the records of the Secretary of State of the principal office of the governing body of the public agency is the county in which it is situated, then the process shall be mailed to the county seat, addressed to the public agency in care of the county clerk, or it may be mailed to any address for the public agency specified in the court order. If the process is mailed in care of the county clerk, the county clerk shall promptly send it to the public agency at its address within the county, if known to him, and if unknown shall cause the process to be posted at the courthouse of the county for 30 days. If the records of the Secretary of State disclose no address for the public agency, then the Secretary of State shall mail a copy of the process to the county clerk of either (a) the county in which the transaction or occurrence took place, or (b) the county where real property of the agency is situated, and the county clerk shall promptly send the process to the public agency at its address within the county, if known to him, or if unknown shall cause the process to be posted at the courthouse of the county for 30 days. Upon receipt of such copies of process, the Secretary of State shall immediately forward to the Attorney General a copy of all papers served upon him. The Attorney General, upon receipt of any such process, may locate the responsible officers of the public agency involved, and the governing body of such public agency may relieve the Attorney General of any further responsibility hereunder, and may designate any other attorneys to defend said action or take such other action as they may determine. 960.5. The Attorney General, until he is relieved of further responsibility in the manner provided in Section 960.4, or until the matter has been reduced to final judgment, shall have the duty to defend such public agency by taking whatever steps he considers appropriate or necessary. The Attorney General, until he is so relieved of further responsibility, shall have full authority to bind the public agency by stipulation or admission. The Attorney General may delegate his responsibility hereunder in any particular case, to any county counsel or district attorney willing to accept such delegation. When such responsibility has been delegated, the district attorney or county counsel, as the case may be, shall have the same power and authority with reference to the matter as is hereinabove provided for the Attorney General. All costs and expenses, without limitation, of the Attorney General or district attorney or county counsel, pursuant to this chapter shall be a charge against the public agency in whose behalf he appears. 960.8. Service of process in an action or proceeding against a public agency may be made in conformity with the information contained in the statement in the Roster of Public Agencies pertaining to that public agency which is on file at the time of such service. Service in this manner, if otherwise made in compliance with law, constitutes personal service upon the public agency. As used in this section, "statement in the Roster of Public Agencies" means the statement or amended statement in the Roster of Public Agencies in the office of the Secretary of State or in the office of the county clerk of any county in which such statement or amended statement is on file. http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=00001-01000&file=960-960.8 ***
SECTION 1100-11021100. As used in this article, "public securities" means any issue of bonds, notes, warrants, or other evidences of indebtedness and the interest coupons, if any, attached thereto, issued by any public body. 1101. As used in this article, "public body" means any county, city and county, city, municipal corporation, political subdivision, school district, or any other public district or public corporation, any public authority, or any agency of any thereof. 1102. Notwithstanding any provision of law to the contrary, a member of the legislative body of any public body or any officer or employee thereof shall not be deemed interested in a contract for the sale of any public securities issued by such public body; provided, that such public securities are sold at public sale to the highest bidder after notice inviting bids has been published as required by the law under which said bonds are issued, or for one time in a newspaper of general circulation not less than five (5) days prior to the date of such sale.
(from this section - )DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES CHAPTER 1. GENERAL Article 1. Classification of Officers ........................ 1000-1001 Article 2. Disqualifications for Office or Employment ........ 1020-1042 Article 3. Residence Restrictions and Absence from State ..... 1060-1064 Article 4. Prohibitions Applicable to Specified Officers ..... 1090-1099 Article 4.5. Sales of Public Securities ...................... 1100-1102 Article 4.7. Incompatible Activities ......................... 1125-1129 Article 5. Withholding Salary on Contest of Title ............ 1130-1132 Article 6. Salary and Wage Deductions ........................ 1150-1158 Article 6.5. Withholding Tax Deductions ...................... 1170-1176 Article 7. Deputies and Subordinates ......................... 1190-1195 Article 8. Miscellaneous ..................................... 1220-1243 CHAPTER 2. APPOINTMENTS, NOMINATIONS, COMMISSIONS, AND OATHS Article 1. General ........................................... 1300-1303 Article 2. Nominations by Governor ........................... 1320-1323 Article 3. Commissions ....................................... 1340-1342 Article 4. Oath of Office .................................... 1360-1369 CHAPTER 3. OFFICIAL BONDS Article 1. General ........................................... 1450-1463 Article 2. Bonds Not Required by Statute ..................... 1480-1482 Article 3. Form and Conditions ............................... 1500-1505 Article 4. Qualifications of Sureties ........................ 1530-1532 Article 8. Payment of Premiums ............................... 1650-1653 CHAPTER 4. RESIGNATIONS AND VACANCIES Article 1. Resignations ...................................... 1750-1752 Article 2. Vacancies ......................................... 1770-1782 CHAPTER 5. OBTAINING POSSESSION OF OFFICE ..................... 1850-1855 CHAPTER 7. REMOVAL FROM OFFICE Article 1. General ........................................... 3000-3003 Article 2. Impeachment ....................................... 3020-3040 Article 3. Removal Other Than by Impeachment ................. 3060-3075
(This is the most important part - )
SECTION 1090-10991090. Members of the Legislature, state, county, district, judicial district, and city officers or employees shall not be financially interested in any contract made by them in their official capacity, or by any body or board of which they are members. Nor shall state, county, district, judicial district, and city officers or employees be purchasers at any sale or vendors at any purchase made by them in their official capacity. As used in this article, "district" means any agency of the state formed pursuant to general law or special act, for the local performance of governmental or proprietary functions within limited boundaries. 1090.1. No officer or employee of the State nor any Member of the Legislature shall accept any commission for the placement of insurance on behalf of the State. 1091. (a) An officer shall not be deemed to be interested in a contract entered into by a body or board of which the officer is a member within the meaning of this article if the officer has only a remote interest in the contract and if the fact of that interest is disclosed to the body or board of which the officer is a member and noted in its official records, and thereafter the body or board authorizes, approves, or ratifies 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. (b) As used in this article, "remote interest" means any of the following: (1) That of an officer or employee of a nonprofit entity exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code (26 U.S.C. Sec. 501(c)(3)) or a nonprofit corporation, except as provided in paragraph (8) of subdivision (a) of Section 1091.5. (2) That of an employee or agent of the contracting party, if the contracting party has 10 or more other employees and if the officer was an employee or agent of that contracting party for at least three years prior to the officer initially accepting his or her office and the officer owns less than 3 percent of the shares of stock of the contracting party; and the employee or agent is not an officer or director of the contracting party and did not directly participate in formulating the bid of the contracting party. For purposes of this paragraph, time of employment with the contracting party by the officer shall be counted in computing the three-year period specified in this paragraph even though the contracting party has been converted from one form of business organization to a different form of business organization within three years of the initial taking of office by the officer. Time of employment in that case shall be counted only if, after the transfer or change in organization, the real or ultimate ownership of the contracting party is the same or substantially similar to that which existed before the transfer or change in organization. For purposes of this paragraph, stockholders, bondholders, partners, or other persons holding an interest in the contracting party are regarded as having the "real or ultimate ownership" of the contracting party. (3) That of an employee or agent of the contracting party, if all of the following conditions are met: (A) The agency of which the person is an officer is a local public agency located in a county with a population of less than 4,000,000. (B) The contract is competitively bid and is not for personal services. (C) The employee or agent is not in a primary management capacity with the contracting party, is not an officer or director of the contracting party, and holds no ownership interest in the contracting party. (D) The contracting party has 10 or more other employees. (E) The employee or agent did not directly participate in formulating the bid of the contracting party. (F) The contracting party is the lowest responsible bidder. (4) That of a parent in the earnings of his or her minor child for personal services. (5) That of a landlord or tenant of the contracting party. (6) That of an attorney of the contracting party or that of an owner, officer, employee, or agent of a firm that renders, or has rendered, service to the contracting party in the capacity of stockbroker, insurance agent, insurance broker, real estate agent, or real estate broker, if these individuals have not received and will not receive remuneration, consideration, or a commission as a result of the contract and if these individuals have an ownership interest of 10 percent or more in the law practice or firm, stock brokerage firm, insurance firm, or real estate firm. (7) That of a member of a nonprofit corporation formed under the Food and Agricultural Code or a nonprofit corporation formed under the Corporations Code for the sole purpose of engaging in the merchandising of agricultural products or the supplying of water. (8) That of a supplier of goods or services when those goods or services have been supplied to the contracting party by the officer for at least five years prior to his or her election or appointment to office. (9) That of a person subject to the provisions of Section 1090 in any contract or agreement entered into pursuant to the provisions of the California Land Conservation Act of 1965. (10) Except as provided in subdivision (b) of Section 1091.5, that of a director of, or a person having an ownership interest of, 10 percent or more in a bank, bank holding company, or savings and loan association with which a party to the contract has a relationship of borrower or depositor, debtor or creditor. (11) That of an engineer, geologist, or architect employed by a consulting engineering or architectural firm. This paragraph applies only to an employee of a consulting firm who does not serve in a primary management capacity, and does not apply to an officer or director of a consulting firm. (12) That of an elected officer otherwise subject to Section 1090, in any housing assistance payment contract entered into pursuant to Section 8 of the United States Housing Act of 1937 (42 U.S.C. Sec. 1437f) as amended, provided that the housing assistance payment contract was in existence before Section 1090 became applicable to the officer and will be renewed or extended only as to the existing tenant, or, in a jurisdiction in which the rental vacancy rate is less than 5 percent, as to new tenants in a unit previously under a Section 8 contract. This section applies to any person who became a public official on or after November 1, 1986. (13) That of a person receiving salary, per diem, or reimbursement for expenses from a government entity. (14) That of a person owning less than 3 percent of the shares of a contracting party that is a for-profit corporation, provided that the ownership of the shares derived from the person's employment with that corporation. (15) That of a party to litigation involving the body or board of which the officer is a member in connection with an agreement in which all of the following apply: (A) The agreement is entered into as part of a settlement of litigation in which the body or board is represented by legal counsel. (B) After a review of the merits of the agreement and other relevant facts and circumstances, a court of competent jurisdiction finds that the agreement serves the public interest. (C) The interested member has recused himself or herself from all participation, direct or indirect, in the making of the agreement on behalf of the body or board. (16) That of a person who is an officer or employee of an investor-owned utility that is regulated by the Public Utilities Commission with respect to a contract between the investor-owned utility and a state, county, district, judicial district, or city body or board of which the person is a member, if the contract requires the investor-owned utility to provide energy efficiency rebates or other type of program to encourage energy efficiency that benefits the public when all of the following apply: (A) The contract is funded by utility consumers pursuant to regulations of the Public Utilities Commission. (B) The contract provides no individual benefit to the person that is not also provided to the public, and the investor-owned utility receives no direct financial profit from the contract. (C) The person has recused himself or herself from all participation in making the contract on behalf of the state, county, district, judicial district, or city body or board of which he or she is a member. (D) The contract implements a program authorized by the Public Utilities Commission. (c) This section is not applicable to any officer interested in a contract who influences or attempts to influence another member of the body or board of which he or she is a member to enter into the contract. (d) The willful failure of an officer to disclose the fact of his or her interest in a contract pursuant to this section is punishable as provided in Section 1097. That violation does not void the contract unless the contracting party had knowledge of the fact of the remote interest of the officer at the time the contract was executed. 1091.1. The prohibition against an interest in contracts provided by this article or any other provision of law shall not be deemed to prohibit any public officer or member of any public board or commission from subdividing lands owned by him or in which he has an interest and which subdivision of lands is effected under the provisions of Division 2 (commencing with Section 66410) of Title 7 of the Government Code or any local ordinance concerning subdivisions; provided, that (a) said officer or member of such board or commission shall first fully disclose the nature of his interest in any such lands to the legislative body having jurisdiction over the subdivision thereof, and (b) said officer or member of such board or commission shall not cast his vote upon any matter or contract concerning said subdivision in any manner whatever. 1091.2. Section 1090 shall not apply to any contract or grant made by local workforce investment boards created pursuant to the federal Workforce Investment Act of 1998 except where both of the following conditions are met: (a) The contract or grant directly relates to services to be provided by any member of a local workforce investment board or the entity the member represents or financially benefits the member or the entity he or she represents. (b) The member fails to recuse himself or herself from making, participating in making, or in any way attempting to use his or her official position to influence a decision on the grant or grants. 1091.3. Section 1090 shall not apply to any contract or grant made by a county children and families commission created pursuant to the California Children and Families Act of 1998 (Division 108 (commencing with Section 130100) of the Health and Safety Code), except where both of the following conditions are met: (a) The contract or grant directly relates to services to be provided by any member of a county children and families commission or the entity the member represents or financially benefits the member or the entity he or she represents. (b) The member fails to recuse himself or herself from making, participating in making, or in any way attempting to use his or her official position to influence a decision on the grant or grants. 1091.4. (a) As used in Section 1091, "remote interest" also includes a person who has a financial interest in a contract, if all of the following conditions are met: (1) The agency of which the person is a board member is a special district serving a population of less than 5,000 that is a landowner voter district, as defined in Section 56050, that does not distribute water for any domestic use. (2) The contract is for either of the following: (A) The maintenance or repair of the district's property or facilities provided that the need for maintenance or repair services has been widely advertised. The contract will result in materially less expense to the district than the expense that would have resulted under reasonably available alternatives and review of those alternatives is documented in records available for public inspection. (B) The acquisition of property that the governing board of the district has determined is necessary for the district to carry out its functions at a price not exceeding the value of the property, as determined in a record available for public inspection by an appraiser who is a member of a recognized organization of appraisers. (3) The person did not participate in the formulation of the contract on behalf of the district. (4) At a public meeting, the governing body of the district, after review of written documentation, determines that the property acquisition or maintenance and repair services cannot otherwise be obtained at a reasonable price and that the contract is in the best interests of the district, and adopts a resolution stating why the contract is necessary and in the best interests of the district. (b) If a party to any proceeding challenges any fact or matter required by paragraph (2), (3), or (4) of subdivision (a) to qualify as a remote interest under subdivision (a), the district shall bear the burden of proving this fact or matter. 1091.5. (a) An officer or employee shall not be deemed to be interested in a contract if his or her interest is any of the following: (1) The ownership of less than 3 percent of the shares of a corporation for profit, provided that the total annual income to him or her from dividends, including the value of stock dividends, from the corporation does not exceed 5 percent of his or her total annual income, and any other payments made to him or her by the corporation do not exceed 5 percent of his or her total annual income. (2) That of an officer in being reimbursed for his or her actual and necessary expenses incurred in the performance of official duties. (3) That of a recipient of public services generally provided by the public body or board of which he or she is a member, on the same terms and conditions as if he or she were not a member of the body or board. (4) That of a landlord or tenant of the contracting party if the contracting party is the federal government or any federal department or agency, this state or an adjoining state, any department or agency of this state or an adjoining state, any county or city of this state or an adjoining state, or any public corporation or special, judicial, or other public district of this state or an adjoining state unless the subject matter of the contract is the property in which the officer or employee has the interest as landlord or tenant in which event his or her interest shall be deemed a remote interest within the meaning of, and subject to, the provisions of Section 1091. (5) That of a tenant in a public housing authority created pursuant to Part 2 (commencing with Section 34200) of Division 24 of the Health and Safety Code in which he or she serves as a member of the board of commissioners of the authority or of a community development commission created pursuant to Part 1.7 (commencing with Section 34100) of Division 24 of the Health and Safety Code. (6) That of a spouse of an officer or employee of a public agency in his or her spouse's employment or officeholding if his or her spouse's employment or officeholding has existed for at least one year prior to his or her election or appointment. (7) That of a nonsalaried member of a nonprofit corporation, provided that this interest is disclosed to the body or board at the time of the first consideration of the contract, and provided further that this interest is noted in its official records. (8) That of a noncompensated officer of a nonprofit, tax-exempt corporation, which, as one of its primary purposes, supports the functions of the body or board or to which the body or board has a legal obligation to give particular consideration, and provided further that this interest is noted in its official records. For purposes of this paragraph, an officer is "noncompensated" even though he or she receives reimbursement from the nonprofit, tax-exempt corporation for necessary travel and other actual expenses incurred in performing the duties of his or her office. (9) That of a person receiving salary, per diem, or reimbursement for expenses from a government entity, unless the contract directly involves the department of the government entity that employs the officer or employee, provided that the interest is disclosed to the body or board at the time of consideration of the contract, and provided further that the interest is noted in its official record. (10) That of an attorney of the contracting party or that of an owner, officer, employee, or agent of a firm which renders, or has rendered, service to the contracting party in the capacity of stockbroker, insurance agent, insurance broker, real estate agent, or real estate broker, if these individuals have not received and will not receive remuneration, consideration, or a commission as a result of the contract and if these individuals have an ownership interest of less than 10 percent in the law practice or firm, stock brokerage firm, insurance firm, or real estate firm. (11) Except as provided in subdivision (b), that of an officer or employee of, or a person having less than a 10-percent ownership interest in, a bank, bank holding company, or savings and loan association with which a party to the contract has a relationship of borrower, depositor, debtor, or creditor. (12) That of (A) a bona fide nonprofit, tax-exempt corporation having among its primary purposes the conservation, preservation, or restoration of park and natural lands or historical resources for public benefit, which corporation enters into an agreement with a public agency to provide services related to park and natural lands or historical resources and which services are found by the public agency, prior to entering into the agreement or as part of the agreement, to be necessary to the public interest to plan for, acquire, protect, conserve, improve, or restore park and natural lands or historical resources for public purposes and (B) any officer, director, or employee acting pursuant to the agreement on behalf of the nonprofit corporation. For purposes of this paragraph, "agreement" includes contracts and grants, and "park," "natural lands," and "historical resources" shall have the meanings set forth in subdivisions (d), (g), and (i) of Section 5902 of the Public Resources Code. Services to be provided to the public agency may include those studies and related services, acquisitions of property and property interests, and any activities related to those studies and acquisitions necessary for the conservation, preservation, improvement, or restoration of park and natural lands or historical resources. (13) That of an officer, employee, or member of the Board of Directors of the California Housing Finance Agency with respect to a loan product or programs if the officer, employee, or member participated in the planning, discussions, development, or approval of the loan product or program and both of the following two conditions exist: (A) The loan product or program is or may be originated by any lender approved by the agency. (B) The loan product or program is generally available to qualifying borrowers on terms and conditions that are substantially the same for all qualifying borrowers at the time the loan is made. (b) An officer or employee shall not be deemed to be interested in a contract made pursuant to competitive bidding under a procedure established by law if his or her sole interest is that of an officer, director, or employee of a bank or savings and loan association with which a party to the contract has the relationship of borrower or depositor, debtor or creditor. 1091.6. An officer who is also a member of the governing body of an organization that has an interest in, or to which the public agency may transfer an interest in, property that the public agency may acquire by eminent domain shall not vote on any matter affecting that organization. 1092. (a) Every contract made in violation of any of the provisions of Section 1090 may be avoided at the instance of any party except the officer interested therein. No such contract may be avoided because of the interest of an officer therein unless the contract is made in the official capacity of the officer, or by a board or body of which he or she is a member. (b) An action under this section shall be commenced within four years after the plaintiff has discovered, or in the exercise of reasonable care should have discovered, a violation described in subdivision (a). 1092.5. Notwithstanding Section 1092, no lease or purchase of, or encumbrance on, real property may be avoided, under the terms of Section 1092, in derogation of the interest of a good faith lessee, purchaser, or encumbrancer where the lessee, purchaser, or encumbrancer paid value and acquired the interest without actual knowledge of a violation of any of the provisions of Section 1090. 1093. The State Treasurer and Controller, county and city officers, and their deputies and clerks shall not purchase or sell, or in any manner receive for their own or any other person's use or benefit any State, county or city warrants, scrip, orders, demands, claims, or other evidences of indebtedness against the State, or any county or city thereof. This section does not apply to evidences of indebtedness issued to or held by such an officer, deputy or clerk for services rendered by them, nor to evidences of the funded indebtedness of the State, county, or city. 1094. Every officer whose duty it is to audit and allow the accounts of other state, county, or city officers shall, before allowing such accounts, require each of such officers to make and file with him an affidavit or certificate under penalty of perjury that he has not violated any of the provisions of this article, and any individual who wilfully makes and subscribes such certificate to an account which he knows to be false as to any material matter shall be guilty of a felony and upon conviction thereof shall be subject to the penalties prescribed for perjury by the Penal Code of this State. 1095. Officers charged with the disbursement of public moneys shall not pay any warrant or other evidence of indebtedness against the State, county, or city when it has been purchased, sold, received, or transferred contrary to any of the provisions of this article. 1096. Upon the officer charged with the disbursement of public moneys being informed by affidavit that any officer, whose account is about to be settled, audited, or paid by him, has violated any of the provisions of this article, the disbursing officer shall suspend such settlement or payment, and cause the district attorney to prosecute the officer for such violation. If judgment is rendered for the defendant upon such prosecution, the disbursing officer may proceed to settle, audit, or pay the account as if no affidavit had been filed. 1097. Every officer or person prohibited by the laws of this state from making or being interested in contracts, or from becoming a vendor or purchaser at sales, or from purchasing script, or other evidences of indebtedness, including any member of the governing board of a school district, who willfully violates any of the provisions of such laws, is punishable by a fine of not more than one thousand dollars ($1,000), or by imprisonment in the state prison, and is forever disqualified from holding any office in this state. (AND - this part, my note - cricketdiane) 1098. (a) Any current public officer or employee who willfully and knowingly discloses for pecuniary gain, to any other person, confidential information acquired by him or her in the course of his or her official duties, or uses any such information for the purpose of pecuniary gain, is guilty of a misdemeanor. (b) As used in this section: (1) "Confidential information" means information to which all of the following apply: (A) At the time of the use or disclosure of the information, the information is not a public record subject to disclosure under the Public Records Act. (B) At the time of the use or disclosure of the information, the disclosure is prohibited by (i) a statute, regulation, or rule which applies to the agency in which the officer or employee serves; (ii) the statement of incompatible activities adopted pursuant to Section 19990 by the agency in which the officer or employee serves; or (iii) a provision in a document similar to a statement of incompatible activities if the agency in which the officer or employee serves is a local agency. (C) The use or disclosure of the information will have, or could reasonably be expected to have, a material financial effect on any investment or interest in real property which the officer or employee, or any person who provides pecuniary gain to the officer or employee in return for the information, has at the time of the use or disclosure of the information or acquires within 90 days following the use or disclosure of the information. (2) For purposes of paragraph (1): (A) "Interest in real property" has the definition prescribed by Section 82033. (B) "Investment" has the definition prescribed by Section 82034. (C) "Material financial effect" has the definition prescribed by Sections 18702 and 18702.2 of Title 2 of the California Administrative Code, as those sections read on September 1, 1987. (3) "Pecuniary gain" does not include salary or other similar compensation from the officer's or the employee's agency. (c) This section shall not apply to any disclosure made to any law enforcement agency, nor to any disclosure made pursuant to Sections 10542 and 10543. (d) This section is not intended to supersede, amend, or add to subdivision (b) of Section 8920 regarding prohibited conduct of Members of the Legislature. 1099. (a) A public officer, including, but not limited to, an appointed or elected member of a governmental board, commission, committee, or other body, shall not simultaneously hold two public offices that are incompatible. Offices are incompatible when any of the following circumstances are present, unless simultaneous holding of the particular offices is compelled or expressly authorized by law: (1) Either of the offices may audit, overrule, remove members of, dismiss employees of, or exercise supervisory powers over the other office or body. (2) Based on the powers and jurisdiction of the offices, there is a possibility of a significant clash of duties or loyalties between the offices. (3) Public policy considerations make it improper for one person to hold both offices. (b) When two public offices are incompatible, a public officer shall be deemed to have forfeited the first office upon acceding to the second. This provision is enforceable pursuant to Section 803 of the Code of Civil Procedure. (c) This section does not apply to a position of employment, including a civil service position. (d) This section shall not apply to a governmental body that has only advisory powers. (e) For purposes of paragraph (1) of subdivision (a), a member of a multimember body holds an office that may audit, overrule, remove members of, dismiss employees of, or exercise supervisory powers over another office when the body has any of these powers over the other office or over a multimember body that includes that other office. (f) This section codifies the common law rule prohibiting an individual from holding incompatible public offices.