BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1399
                                                                  Page  1

          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)









                                                                  AB 1399
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           Opposition 
           
          None on file
           
          Analysis Prepared by :    Jennifer R. Klein / L. GOV. / (916)  
          319-3958