BILL ANALYSIS
AB 1399
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Date of Hearing: January 13, 2010
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Anna Marie Caballero, Chair
AB 1399 (Anderson) - As Amended: January 12, 2010
SUBJECT : Elected local agency officials.
SUMMARY : Prohibits a city or county official, whether elected
or appointed, from making available to an immediate family
member a publicly funded vehicle owned or operated by, or a
credit card issued by, the local agency that the local official
represents. Specifically, this bill :
1)Prohibits a city or county official, elected or appointed,
from making available to an immediate family member a publicly
funded vehicle owned or operated by, or a credit card issued
by, the local agency that the official represents.
2)Defines immediate family member to mean a child, in-law,
parent, sibling, or spouse of the local official.
3)Does not apply to a local official if the legislative body of
the local agency that the local official represents has
adopted an ordinance, resolution, or other measure that
already prohibits this type of conduct.
EXISTING LAW :
1)The California Constitution prohibits local governments from
making any gift of public money or thing of value to any
person.
2)Requires a local agency that provides reimbursement for
expenses to members of its legislative body to adopt a written
policy on the duties for which legislative body members may
receive compensation other than meetings of the legislative
body or an advisory body or attendance at a conference or
organized educational activity.
3)Requires a local agency to adopt a written policy concerning
what occurrences qualify a member to receive reimbursement for
expenses for travel, meals, lodging.
4)Requires a member of a legislative body who has been
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reimbursed for actual and necessary expenses by his or her
local agency to file expense reports. These expense reports
are public records.
5)Imposes penalties for misuse of public resources or falsifying
expense reports in violation of expense reporting policies.
FISCAL EFFECT : None
COMMENTS :
1)The California Constitution already prohibits local
governments, which includes elected county officials, from
making any gift of public money or thing of value to any
person.
2)The author states the reason for AB 1399 is the public expects
elected officials to hold themselves to the highest ethical
standards and maintain transparency and accountability in
government. According to the author, honest officials are
tarnished by those who use their office to enrich themselves
or their family members. The author points directly to the
case of a Riverside county supervisor whose sister was paid
$330,000 in campaign money over the span of three years for
political consulting and professional services while she was
volunteering full-time for the county. On top of the campaign
money, the supervisor's sister also received free use of a
county car with taxpayer-funded gasoline included.
3)Even though the author states the use of the car by the
supervisor's sister was a gift of public funds, this situation
is not one in which public funds were improperly used because
the sister was volunteering for the county. If the sister had
not been providing Riverside County with any sort of services,
then the use of the county-issued car would have been
prohibited under the California Constitution as a gift of
public funds.
4)As written, AB 1399 takes the constitutional prohibition on
gifting public funds a step further. AB 1399 would prohibit a
city or county official, elected or appointed, from making
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available to a child, in-law, parent, sibling, or spouse a
publicly funded vehicle owned or operated by, or a credit card
issued by, the local agency that the official represents.
Many cities and counties already have policies prohibiting
this type of conduct, and AB 1399 would ensure all cities and
counties are ethically on the same page. Thus, AB 1399 would
not apply to an official where the legislative body of his or
her local agency has adopted an ordinance, resolution, or
other measure that already prohibits this type of conduct.
REGISTERED SUPPORT / OPPOSITION :
Support
Dr. Blair Ball, President, Beaumont Cherry Valley Water District
Borrego Water District
CA Conference of Machinists
CA Conference of the Amalgamated Transit Union
CA Taxpayer Protection Committee
CA Teamsters Public Affairs Council
City of El Cajon
Deer Springs Fire Protection District
Engineers & Scientists of CA, IFPTE, Local 20
Mary England, Councilmember, City of Lemon Grove
Stephen Halfaker, Superintendent, Lakeside Union School District
Helix Water District
Frank Hilliker, President, Lakeside Water District
International Longshore and Warehouse Union
John Jeter, President, San Gorgonio Pass Water Agency
Support (continued)
La Mesa Taxpayers Association, PAC
Martin Orenyak, Chairman, Borrego Springs Fire District
Professional and Technical Engineers, IFPTE, Local 21
Ramona Municipal Water District
Robert Shield, President, Grossmont Union High School District
Larry Spicer, Mayor, City of Indian Wells
James Stieringer, President, Grossmont Healthcare District
UNITE-HERE
United Food & Commercial Workers Western States Council
Bill Wells, Mayor Pro Tem, City of El Cajon
Yucaipa-Calimesa Joint Unified School District
Individual letters (20)
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Opposition
None on file
Analysis Prepared by : Jennifer R. Klein / L. GOV. / (916)
319-3958