Legal Alert: Supreme Court Rules Independent Contractors Liable Under Section 1090

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The California Supreme Court ruled that certain independent contractors are not excluded from Government Code section 1090.  Section 1090 prohibits “public officers and employees from making contracts in which they have a financial interest when they act in their official capacities.  Knowing and willful self-dealing can result in criminal liability.”   Violation of section 1090 is punishable by a fine of not more than one thousand dollars, or by imprisonment in the state prison, and the public official is forever disqualified from holding any office in this state.

The Firm has put together a memo providing background information on the Court’s ruling, as well as addressing potential concerns public agencies may have.  Please click ­here to view the memo.

For a more detailed discussion about this decision and how it may be applicable to you, please do not hesitate to contact our office.

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