California Form 806 Agency Report of: Public Official Appointments

Background

This form is used to report additional compensation that officials receive when appointing themselves to positions on committees, boards, or commissions of another public agency or to a committee or position of the agency of which the public official is a member. This form is required pursuant to FPPC Regulation 18702.5. Each agency must post on its website a single Form 806 which lists all the paid appointed positions to which an official will vote to appoint themselves. When there is a change in compensation or a new appointment, the Form 806 is updated to reflect the change. The form must be updated promptly as changes occur.

Instructions

This form must be posted prior to a vote (or consent item) to appoint a governing board member if the appointee will participate in the decision and the appointment results in additional compensation to the appointee. FPPC Regulation 18702.5 provides that as long as the public is informed prior to a vote, an official may vote to hold another position even when the vote results in additional compensation.

Part 1. Agency Identification

Identify the agency name and information on who should be contacted for information.

Part 2. Appointments

Identify the name of the other agency, board or commission. List the name of the official, and an alternate, if any. List the appointment date and the length of term the agency official will serve. Disclose the stipend provided per meeting and the estimated annual payment. The annual salary is an estimate as it will likely vary depending upon the number of meetings. It is not necessary to revise the estimate at the end of the calendar year.

Part 3. Verification

The agency head or his/her designee must sign the verification.

Frequently Asked Questions (FAQs)

  1. When does an agency need to complete the Form 806?

    A Form 806 is required when an agency’s board membersvote to appoint a board member to serve on anothergovernmental agency or position of the agency of which theofficial is a member and will receive additional compensation.

  2. The city council votes to serve as the city’s housing authority,a separate entity. Will the Form 806 be required?

    If the council members receive additional compensation forserving on the housing authority, the Form 806 is required.

  3. Are appointments made by a governing board to appointone of its members to serve as an officer of that board foradditional pay (e.g., mayor) required to be disclosed on Form806?

    No. FPPC Regulation 18702.5(b)(6) exempts from this requirement decisions to fill a position on the body of which the official is a member (such as a councilmember being appointed as mayor) despite an increase in compensation.

  4. In determining the income, must the agency include mileagereimbursements, travel payments, health benefits, and othercompensation?

    No. FPPC Regulation 18702.5 requires only the amount ofthe stipend or salary to be reported.

  5. Which agency must post the Form 806?

    The agency that is voting to appoint a public official must postthe Form 806 on its website. The agency that the official willserve as a member is not required to post the Form 806. Theform is not sent to the FPPC.

  6. When must the Form 806 be updated?

    The Form 806 should be amended promptly upon any ofthe following circumstances: (1) the number of scheduledmeetings is changed, (2) there is a change in thecompensation paid to the members, (3) there is a change inmembership on the board or commission, or (4) there is anew appointment to a new agency.

  7. If officials choose to recuse themselves from the decisionand leave the room when a vote is taken to make anappointment, must the Form 806 be completed?

    No. The Form 806 is only required to identify those officialsthat will vote on an appointment in which the official will alsoreceive additional compensation.

Privacy Information Notice

Information requested by the FPPC is used to administer and enforce the Political Reform Act. Failure to provide information may be a violation subject to penalties. All reports are public records available for inspection and reproduction. Direct questions to FPPC’s General Counsel, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, CA 95811.