County of Nevada v. MacMillen
County of Nevada v. MacMillen
Opinion of the Court
Opinion
In this declaratory relief action, plaintiffs assert that California’s new conflict of interest law (Gov. Code, § 3600 et seq.), enacted in 1973, is unconstitutional. In 1970 this court struck down a similar statute in City of Carmel-By-The-Sea v. Young, 2 Cal.3d 259 [85 Cal.Rptr. 1, 466 P.2d 225, 37 A.L.R.3d 1313], on the ground that it constituted an overbroad instrusion into the private financial affairs of persons seeking to hold, or holding, public office. We stated in Carmel (p. 272), however, that “[n]othing we say here should be deemed to preclude the Legislature in a properly drawn statute from providing for a broad disclosure of assets, income or receipts relevant to the duties and functions of a public officer or employee.” We have concluded that although the statute now before us contains some imprecise and uncertain language, nevertheless taken as a whole the new act meets the basic and substantial objections raised in our Carmel case and, accordingly, that we should uphold the act against plaintiffs’ general constitutional attack. Analysis of the problems which may arise respecting the interpretation or application of particular provisions of the act should be deferred for future cases in which those provisions are more directly challenged.
Plaintiffs are the County of Nevada and various of its supervisors, planning commissioners and other public officials. Defendant MacMillen is District Attorney of Nevada County, and is charged with enforcing the statute in question. Plaintiffs’ complaint sought a declaratory judgment declaring the act unconstitutional. They alleged that the act is unconstitutionally vague, requiring men “of common intelligence” to guess at its meaning, at the risk of substantial penalties. They further contended that the act is unconstitutionally overbroad, invading “the fundamental right
In December 1973 two trial court judges deemed themselves disqualified from proceeding with this case, apparently on the theory that all superior court judges are so disqualified. On January 18, 1974, this court issued its order stating that superior court judges are not so disqualified and directing the court to proceed to hear and determine the cause. (County of Nevada v. Superior Court, 10 Cal.3d 663 [111 Cal.Rptr. 568, 517 P.2d 832].)
At trial, no factual evidence was presented, and it was stipulated that the constitutionality of the statute on its face was the sole issue to be decided. The trial court, focussing on several isolated provisions of the act, discussed below, held the act unconstitutional and enjoined defendant from enforcing its provisions. Defendant appeals. We have stayed the operation of the act pending our disposition of the appeal.
1. The 1973 Act
We first set forth in summary form the basic provisions of the 1973 act, which adds new sections 3600 through 3760 to the Government Code. It was passed, according to the “legislative findings” set forth in section 3601, to promote and accomplish several state policies including (1) assuring the independence, impartiality and honesty of public officials, (2) informing citizen's regarding those economic interests of officials which might present a conflict of interest, (3) preventing improper personal gain by persons holding public office, (4) assuring that governmental decisions are properly arrived at, and (5) preventing special interests from unduly influencing governmental decisions. The act further specifies that its provisions “are to be liberally construed, to the end that the public interest be fully protected.” (§ 3602.) The act contains two severability clauses whereby the invalidity of any of its provisions shall not affect other valid provisions. (§§ 3602, 3760.)
The act’s substantive provisions fall generally into two separate categories, “prohibitions” (§§ 3625-3627) and “disclosure” (§§ 3700-3710). The former category is aimed at prohibiting public officials from possessing economic interests which conflict with their public duties. Thus, section 3625, subdivision (a), provides that “No official[
An exception to the prohibition against participation of subdivision (b) is made for “any constitutional officer”* *
With respect to the “disclosure” provisions of the act, applicable only to certain designated officials
Under subdivision (c) of section 3700, no interest need be disclosed “which could not be affected materially by any action, failure to act or decision taken by the public official acting within the scope of his official duties.” However, under subdivision (d), “an interest in real property located within the jurisdiction of the official’s agency or an investment in a business entity, a source of income or a position of employment, office or management in any business entity located within the jurisdiction . . . shall be regarded as an interest which could be effected materially by the official in the scope of his official duties.”
The disclosure statement required by section 3700 must also be filed by candidates and nominees for the designated offices, before they face election or assume office (§ 3701), and by former officials, who must file within 30 days after ceasing to hold office (§ 3702). Although section 3700 is applicable only to the class of officials designated in the section, similar statements may be required of other public officials, at the option of the agency involved; section 3704 authorizes all public agencies and boards to adopt rules governing financial disclosure. All statements filed under section 3700 become public records available for public inspection. (§ 3710.)
Finally, the act contains extensive “enforcement” provisions (§§ 3750-3760) which set forth the penalties and other consequences of noncompliance with the act’s provisions. The act provides that if a public officer has realized an economic benefit in violation of section 3625 (wrongfully
2. The 1974 Amendments
On March 4, 1974, the Legislature amended the foregoing provisions in various respects. (See Stats. 1974, ch. 48, pp. 157-161 [S.B. 1340].) These amendments will become effective on January 1, 1975, and, accordingly, do not directly affect the operation of the foregoing provisions during 1974. However, the amendments are pertinent to an interpretation of the 1973 act, for the Legislature has expressly provided that “The Legislature finds and declares that the amendments affected by this [1974] act are declaratory of the legislative intent in enacting Chapter 1166 of the Statutes of 1973 [the 1973 act].” (Stats. 1974, ch. 48, § 6, p. 161.)
Two of the amendments are pertinent to this case. First, the language presently contained in section 3625, subdivision (a), prohibiting an official from possessing economic interests in substantial conflict with his official duties has been deleted and similar language added to the list of reasons for enacting the act. (§ 3601.)
3. Plaintiffs’ Contentions
(a) The Carmel decision—Plaintiffs assert that the 1973 act is subject to the same constitutional objections as those successfully asserted with respect to the 1969 act in City of Carmel-By-The-Sea v. Young, supra, 2 Cal.3d 259 [85 Cal.Rptr. 1, 466 P.2d 225, 37 A.L.R.3d 1313]. To the contrary, the 1973 act seems specially tailored to meet and satisfy
We stated in Carmel (p. 269) that “there must be a balancing of interests between the government’s need to expose or minimize possible conflicts of interest on the one hand and the right to maintain privacy in one’s personal financial affairs while seeking or holding public office on the other . . . .” We concluded that “. . . no overriding necessity has been established which would justify sustaining a statute having the broad sweep of the one now before us, which, as stated, would intrude alike into the relevant and the irrelevant private financial affairs of the numerous public officials and employees covered by the statute and is not limited to only such holdings as might be affected by the duties or functions of a particular office.” (Id., p. 272.)
On the other hand, the 1973 act appears to accomplish its legitimate
In sum, we conclude that the 1973 act, on its face, contains sufficient assurances that unnecessary intrusions into personal privacy will not occur. Accordingly, we find that the act meets the basic and fundamental objections which led us to conclude in City of Carmel-By-The-Sea v. Young, supra, 2 Cal.3d 259, that the 1969 act was fatally overbroad. True, as we point out below, the 1973 act is not free of uncertainties and may generate considerable litigation before those matters are resolved. Yet, as the Únited States Supreme Court recently stated “. . . particularly where conduct and not merely speech is involved, we believe that the overbreadth of a statute must not only be real, but substantial as well, judged in relation to the statute’s plainly legitimate sweep. . . . [Wjhatever overbreadth may exist should be cured through case-by-case analysis of the fact situations to which its sanctions, assertedly, may not be applied.” (Broadrick v. Oklahoma, 413 U.S. 601, 615-616 [37 L.Ed.2d 830, 842, 93 S.Ct. 2908], involving a state statute restricting political activities of state employees.)
It is noteworthy that recently the courts in Illinois and Washington have Upheld conflict of interest statutes similar in scope to the 1973 act, despite substantial overbreadth claims. (Fritz v. Gorton (1974) 83 Wn.2d 275 [517 P.2d 911, 922-927], app. dism. 417 U.S. 902 [41 L.Ed.2d 208, 94 S.Ct. 2596]; Stein v. Hewlett (1972) 52 Ill.2d 570 [289 N.E.2d 409, 413-415].) These cases support our view that neither the right to privacy, nor the right to seek and hold public •office, must inevitably prevail over the right of the public to an honest and impartial government.
(b) Vagueness—Plaintiffs assert that the 1973 act is unconstitutionally vague in various respects, requiring men of ordinary intelligence to guess at its meaning at the risk of incurring severe penalties. (See, e.g., People v. Barksdale, 8 Cal.3d 320, 327 [105 Cal.Rptr. 1, 503 P.2d 257], and cases cited.) It is undeniable that the terms “substantial conflict” and “material economic effect” are relative terms subject to some intepretation, and. that reasonable men may differ, with respect to the meaning of those terms.
Yet we think that the foregoing provisions are not so uncertain and indefinite as to render the act void on its face. Statutes such as the
In People v. Victor, supra, 62 Cal.2d 280, 299, we noted that “Admittedly the word [‘imminent’] is to some extent a relative one; but ‘the law is full of instances where a man’s fate depends on his estimating rightly, that is, as a jury subsequently estimates it, some matter of degree.’ [Citation.]” Subsequently, in People v. Daniels, 71 Cal.2d 1119, 1128-1129 [80 Cal.Rptr. 897, 459 P.2d 225, 43 A.L.R.3d 677], we explained that “The law is replete with instances in which a person must, at his peril, govern his conduct by such nonmathematical standards as ‘reasonable,’ ‘prudent,’ ‘necessary and proper,’ ‘substantial,’ and the like. Indeed, a wide spectrum of human activities is regulated by such terms . . . [giving examples]. Yet standards of this kind are not impermissively vague, provided their meaning can be objectively ascertained by reference to common experiences of mankind.” (Italics added.)
The foregoing authorities convince us that the 1973 act is sufficiently definite in its terms to give adequate warning to public officials of its prohibitions and requirements.
Moreover, the act does provide that “Each public agency may adopt guidelines for its officials in their determination whether they have an economic interest or interests which are in substantial conflict with the proper exercise of their official duties and powers . . . and in determining whether they have an economic interest in matters .... These guidelines shall not supersede the requirements of subdivisions (a) and (b) of Section 3625, but when complied with in the good faith belief that they are consistent with those provisions they shall exempt officials from the civil penalties in Section 3751 and the sanctions in Section 3753.” (§ 3626.) When and if enacted, such guidelines could remove any remaining uncertainty in interpreting the act’s provisions.
Other contentions—Plaintiffs have asserted various other contentions in addition to their central arguments regarding overbreadth and vagueness, discussed above. Most of these contentions, pertain to the financial disclosure provisions in the 1973 act. Although we will comment briefly upon some of these provisions, it seems apparent that we cannot, and should not, attempt to pass upon the meaning or validity of each contested provision in every hypothetical context—adjudication of these matters must await an actual controversy, and should proceed on a case-by-case basis as the need arises. As the Illinois Supreme Court explained in its opinion upholding the validity of the Illinois conflict of interests law, “We cannot, and need not in this proceeding, pass upon all hypothetical situations and tenuous circumstances which may be presented by counsel. While we recognize that a valid statute may be unconstitutionally applied, the precise limitations to be placed on the words in question can best be specified when actual cases requiring such interpretation are presented. [Citation.]” (Stein v. Howlett, supra, 289 N.E.2d. 409, 415; see Broadrick v. Oklahoma, supra, 413 U.S. 601, 615 [37 L.Ed.2d 830, 842].)
(i) “Source of income”—As we pointed out above, section 3700, subdivision (b), requires specified officials to disclose each “source of income, loans or gifts, aggregating two hundred fifty dollars ($250) or more in value, received in the preceding 12 months, including the name, address, and general description of the business activity of each source . . . .” Plaintiffs have forcefully contended that this provision would constitute a gross invasion of privacy if interpreted as requiring businessmen to reveal their confidential customer lists, lawyers to name their clients,.or physicians
Although the amendment does not take effect until January 1, 1975, the Legislature has expressly found and declared “that the amendments effected by this act are declaratory of the legislative intent in enacting” the 1973 act. (Stats. 1974, ch. 48, § 6, p. 161.) Although we are not bound by the Legislature’s statement regarding the 1973 legislation, that statement properly may be considered in construing the provision in question. (See West Pico Furniture Co. v. Pacific Finance Loans, 2 Cal.3d 594, 609-610 [86 Cal.Rptr. 793, 469 P.2d 665]; Stockton Sav. & Loan Bank v. Massanet, 18 Cal.2d 200, 204 [114 P.2d 592]; Flewelling v. Board of Trustees, 178 Cal.App.2d 168, 172 [2 Cal.Rptr. 891].) We conclude that the 1973 act should be interpreted as requiring only the limited disclosure contemplated by the 1974 amendment. As a practical matter, it seems evident in light of the 1974 amendment and the legislative declaration which accompanied it that no court would invoke the severe penalties of the 1973 act against one whose disclosure statement meets the requirements of the 1974 amendment.
(ii) “Indirect investment or. interest”—Plaintiff assert that section 3700, subdivision (b), is invalid as an unjustified invasion of privacy. The section requires an official'to disclose the nature of the economic interests of his or her spouse and dependent children, and it appears the section would require disclosure of property in which the official has no beneficial interest, and over which he has no control. Plaintiffs assert that this provision constitutes an unreasonable invasion of the privacy of the official’s spouse and dependent children. We disagree. First of all, under subdivision (c) of section 3700, the official need not disclose any interest, direct or indirect, which “could not be affected materially by any action, failure to act or decision taken by the public official acting within the scope of his official duties.” Thus, for example, assets of a spouse which are located outside of the official’s jurisdiction ordinarily would not fall within the act’s disclosure provisions. Secondly, it is apparent that the act’s “indirect
(in) Disclosure by former public official—Plaintiffs maintain that section 3702, requiring a disclosure statement by every public official specified in section 3700 who ceases to hold office, is without any valid public purpose. Yet section 3702 may have a desirable inhibiting effect upon officials who contemplate resigning prior to the April reporting date in order to avoid disclosing conflicting interests. Moreover, the disclosure statement may bring to light prior conflicts of interest situations which might have otherwise lay hidden from public view. We find that section 3702 is valid.
(iv) Equal protection—Plaintiffs contend that section 3700 improperly excludes from the disclosure requirements many public officials (such as district officers, county counsel, and assessors) who should have been included therein. Yet it seems evident that the Legislature had the authority to specify those “high-level” officials to which the disclosure pro
We conclude that the 1973 act is valid on its face, and that the trial court erred in declaring the act to be unconstitutional. The stay order entered by this court on March 28, 1974, is terminated. Since the effect of this stay was to postpone indefinitely the date upon which public officials must file the financial statements required under section 3700, we order that such statements be filed during the month of September 1974, so that these statements will be available for review by the public in ample time prior to the November elections. Thereafter, such statements should be filed during the month of April, as specified in section 3703 of the act.
The judgment is reversed. The case is remanded to the trial court with directions to enter judgment for the defendant in accordance with the views expressed herein.
Wright, C. J., McComb, J., Tobriner, J., Sullivan, J., and Clark, J., concurred.
The term “public official” (which presumably would include “official” under § 3625) is defined as “any elective or appointive officer of any public agency.”
Subdivision (c) of sections 3625 provides that an official has an “economic interest" in a matter “if the action or decision will have a material economic effect on: (1) Any business entity in which the public official has a direct or indirect investment worth more than one thousand dollars ($1,000); (2) Any real property in which the public official has a direct or indirect interest worth more than one thousand dollars ($1,000); (3) Any sourcé of income, loans or gifts aggregating two hundred fifty dollars ($250) or more in value received by or promised to the public official within 12 months prior to the time when the action is taken or decision made; (4) Any business entity in which the public official is a director, officer, partner, trustee, employee, or holds any position of management.” An “indirect investment or interest” is “any investment or interest owned by the spouse or dependent children of the public- official, by an agent on his behalf, by any business entity controlled by the public official or by a trust in which he has a substantial economic interest. . . .”
The term “constitutional officer" means “the Governor, Lieutenant Governor, Secretary of State, Controller, Treasurer, Attorney General, State Superintendent of Public Instruction, Members of the Legislature, and all other elected state officials.” (§ 3610, subd. (c).)
Section 3700, subdivision (a), limits the section to “constitutional officers [see § 3610, subd. (c)], county supervisors and chief administrative officers, mayors, city council members, members of planning commissions and planning officers, and managers and chief administrative officers of general law or charter cities.”-
Section 3700, subdivision (b), contains a definition of the term “indirect investment” which is identical to the definition of that term contained in section 3625, subdivision (c), set forth in footnote 2, ante.
Thus, as amended, evidently the act would contain no express prohibition against possessing a conflicting economic interest; section 3625 would continue to bar a public official from participating in, or attempting to influence, governmental action in a conflict of interest situation.
We stated in City of Carmel-By-The-Sea v. Young, supra, 2 Cal.3d 259, 262, that “The public’s right to know of matters which might bring about a conflict of interest between the public employment and the private financial interests of those holding public office is a laudable and proper legislative concern and purpose.”
“[T]here are limitations in the English language with respect to being both specific and manageably brief, and it seems to us that although the prohibitions [in a federal statute] may not satisfy those intent on finding fault at any cost, they are set out in terms that the ordinary person exercising ordinary common sense can sufficiently understand and comply with, without sacrifice to the public interest. ‘[T]he general class of offenses to which . . . [the provisions are] directed is plainly within [their] terms, . . . [and they] will not be struck down as vague, even though marginal cases could be put where doubts might arise.’ [Citation.]” (CSC v. Letter Carriers, 413 U.S. 548, 578-579 [37 L.Ed.2d 796, 816, 93 S.Ct. 2880].)
“A statute will be upheld if its terms may be made reasonably certain by reference to . . . its legislative history or purpose.” (People v. McCaughan, 49 Cal.2d 409, 414 [317 P.2d 974]; People v. Grubb, 63 Cal.2d 614, 620 [47 Cal.Rptr. 772, 408 P.2d 100].)
In the Carmel case, supra, we indicated that one of the reasons for invalidating the 1969 act was that it required public officials to disclose the nature and extent of the investments of their spouses and minor children, if in excess of $10,000. (2 Cal.3d at p. 269, and fn. 4.) Our primary objections in Carmel, however, have been satisfied by the 1973 act which, as indicated above, narrows the disclosure requirement considerably. Although the 1973 act may to some extent invade the privacy of the official’s spouse or dependent children, we think the public’s interest in an honest and impartial government outweighs the interests of such persons in maintaining complete privacy in their financial affairs.
Plaintiffs further contend that section 3700, subdivision (b), places an intolerable burden upon the official to determine the nature and extent of the property owned by his spouse or dependent children in order to comply with the “indirect investment and interest” disclosure requirement. Ordinarily', however, such information would be readily available. In the rare case in which the information is withheld or truly unavailable following a good faith effort to ascertain it, the official undoubtedly would be excused from a technical failure to comply with the act.
Statements filed during the month of September 1974 shall disclose the same information and cover the same period of time as such statements would have contained had they been filed during the month of April 1974. Statements required to be filed under Government Code sections 3701 and 3702 shall be filed as required within the times designated by those sections commencing July 18, 1974.
Concurring Opinion
I concur.
There are, as plaintiffs correctly assert, no significant substantive differences between this act and the public disclosure statute enacted in 1969. Yet a majority of this court held the 1969 act unconstitutional in City of Carmel-By-The-Sea v. Young (1970) 2 Cal.3d 259 [85 Cal.Rptr. 1, 466 P.2d 225, 37 A.L.R.3d 1313], and now find this act valid because it accomplishes the same legitimate aims “in a less intrusive and considerably more limited” manner. That, I suggest, does not create a constitutional distinction between the two statutes.
As developed in my dissent in Carmel (2 Cal.3d at p. 277 et seq.), the majority in analyzing the 1969 disclosure law improperly invoked a value
Therefore I concur in the result reached by the majority, but for the general reasons set forth in my Carmel dissent. Had my colleagues joined me then, as they now do in effect, the people of California would not have been unnecessarily denied the legislatively declared benefits of a public disclosure law these past four years. Perhaps one should accept this fruitless delay with a certain equanimity. Inevitably another day has come, and with it application of Justice Rutledge’s quotation in Wolf v. Colorado (1949) 338 U.S. 25, 47 [93 L.Ed. 1782, 1795, 69 S.Ct. 1359]: “‘Wisdom too often never comes, and so one ought not to reject it merely because it comes late.’ ”
Reference
- Full Case Name
- COUNTY OF NEVADA Et Al., Plaintiffs and Respondents, v. RONALD L. MacMILLEN as District Attorney, Etc., Defendant and Appellant
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- 107 cases
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- Published