Payment to Agency (Form 801)
Payment to Agency Report
When an agency receives a gift or donation that is used by one or more officials in the agency for agency business, the payment must be disclosed on the Form 801. It may include travel payments, reimbursements or other uses by an official. It does not include tickets and passes that may need to be disclosed on the Form 802. The payment and its use must comply with either Cal. Code Reg. Sections 18944 or 18950.1 to be reported on the Form 801. When a payment is reported on the Form 801, the agency official that used the payment does not need to report it on their Form 700. Please see additional information regarding Regulations 18944 and 18950.1 below. The information provided below is meant to be illustrative and not exhaustive. Check regulations for further information.
The law also requires that an agency publicly post its Form 801's online. Please send originally signed Form 801's to the Ethics Office for posting.
Payments Made to an Agency
This regulation identifies when a payment made to the agency and used for official agency business is not a gift or source of income to the official that used the payment if the following conditions are met:
1) The payment is received by the agency.
2) The payment is used for official agency business.
3) The agency head or the official designated by the agency head determines and controls the agency’s use of the payment.
4) The agency head or agency head's designee selects the agency official/s that will use the payment.
5) The agency head or agency head's designee may not select himself/herself to use the payment.
The payment is reported on the Form 801.
Payments Made in Conjunction with an Agency
This regulation applies to travel payments that are used for the purpose of facilitating the public's business. They are not considered a gift or source of income to the agency official if the following conditions are met:
1) Payment is made directly to or coordinated with the government agency - not - directly to the agency official using the travel.
2) Payment is used for official agency business.
3) The government agency determines the agency official that will use the travel payment.
4) The payment does not provide a personal benefit to the official that uses the payment.
5) Tavel is limited to the time necessary to accomplish the purpose of the travel in accordance with the agency's travel policy.
The travel is reported on the Form 801.