Independent contractors hired by public entities are subject to Government Code section 1090’s ban on conflicts of interest in public contracting if the contractor’s duties include engaging in or advising about public contracting. Government Code section 1090 which prohibits public officials and employees from making contracts in which they have a financial interest applies to independent contractors hired by government entities if the contractors have duties to engage in or advise public contracting. Here, Sahlolbei was a doctor at a county hospital with authority to hire other doctors for the hospital. He hired a doctor, making a secret deal for the new hire to pay him a kickback of part of the new doctor’s salary. That constituted a violation of section 1090.
California Supreme Court (Liu, J.); June 26, 2017; 2017 WL 2729540