California Food and Agricultural Code

§ 4060

FAC § 4060 Effective Jan 1, 2025Div. 3 · Part 3 · Ch. 5

Statute text

(a)Any compensation to any officer or employee of the state by any nonprofit corporation formed exclusively to aid and assist an association, as provided for in Section 18000.5 of the Government Code, shall be approved by the department before payment. The nonprofit corporation shall notify the department of the compensation.

(b)The department shall, during regular audits, review the payments from the nonprofit corporation to any state employees and those state employees’ responsibilities to the nonprofit corporation. The financial information from the nonprofit corporation shall be made available to the department for the audit. Any compensation shall be justified by related work that is not the normal responsibility of the state officer or employee through employment by an association, including normal duties and working hours. The audit shall also determine if any board member serving on an association is also serving on the board of directors of the related nonprofit corporation and determine if there are any conflicts of interest regarding the payment to the association employees. The audit shall also determine if any officer or employee is receiving compensation from the nonprofit corporation in violation of subdivision (c).

(c)Pursuant to Section 1090 of the Government Code, a state officer or employee of an association shall not be compensated by the nonprofit corporation when that state officer or employee acts in an official capacity regarding any contract made with the nonprofit corporation.

Legislative history

Amended by Stats. 2024, Ch. 559, Sec. 64. (AB 2143) Effective January 1, 2025.