Does the rule of necessity allow a government official to vote on a contract in which they may be financially interested?

California, United States of America


The following excerpt is from Kunec v. Brea Redevelopment Agency, 55 Cal.App.4th 511, 64 Cal.Rptr.2d 143 (Cal. App. 1997):

3 Significant limitations still remain on the application of the rule of necessity, which cannot be used to break a deadlock or to reach a particular result. Section 87101 specifically provides that "[t]he fact that an official's vote is needed to break a tie does not make his participation legally required for purposes of this section." Neither does it appear to permit government officials to vote on contracts in which they may be financially interested. (See discussion in 61 Ops. Cal. Atty. Gen. 243, 255, construing Government Code section 1090; Thomson v. Call (1985) 38 Cal.3d 633, 214 Cal.Rptr. 139, 699 P.2d 316.)

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