While reviewing the candidates’ statement of qualifications, I noted that Jose “Moke” Simon III, candidate for county supervisor District 1, lists his occupation as tribal chairman of the Middletown Rancheria for the last 20 years. He goes on to list his many accomplishments, including the negotiation of many agreements.

Drawing on my 30-plus years of experience in the County Counsel’s Office, I noted a potential conflict of interest problem.

Government Code Section 1090 basically prohibits a public official from being financially interested in a contract in both his or her public and private capacities.

The courts of this state have found that the purpose of Section 1090 is to make certain that every public officer be guided solely by the public interest, rather than by personal interest, when dealing with contracts in a n official capacity.

Unlike most conflict of interest laws, which allow a public agency to move forward with its decision as long as the person with the conflict of interest abstains from participation and voting, Section 1090 provides for a complete prohibition on contracts with a conflict of interest unless one of the exceptions to the law is applicable.

If this law applies to Mr. Simon, unless he resigns from his occupation with the Middletown Rancheria, the county and its various special districts will not be able to contract with the Middletown Rancheria and its associated businesses. Sewer service agreements would be the most obvious situation.

Mr. Simon needs to consult his own legal advisor now, or if he wins the election, he will need to consult with the County Counsel's Office and determine whether he will need to resign from his position with the Middletown Rancheria or cause his tribe to be  barred from new contracts with the county and its associated special districts.
 
Bob Bridges is a retired retired senior deputy counsel. He lives in Lakeport, Calif.