BILL ANALYSIS
SENATE LOCAL GOVERNMENT COMMITTEE
Senator Dave Cox, Chair
BILL NO: AB 1399 HEARING: 6/16/10
AUTHOR: Anderson FISCAL: No
VERSION: 3/17/10 CONSULTANT:
Weinberger
LOCAL OFFICIALS' VEHICLES
Background and Existing Law
The California Constitution prohibits government from
making any gift of public money or thing of value to any
individual. State law prohibits any elected state or local
officers, employees, or consultants from using or
permitting others to use public resources for a campaign
activity, or personal or other purposes which are not
authorized by law.
If a local agency reimburses members of its legislative
body for expenses, it must adopt a written policy on the
duties for which members may receive compensation. If a
local agency provides any type of compensation to a member
of its legislative body, all members of the legislative
body and its designated employees must receive two hours of
ethics training every two years. (AB 1234, Salinas, 2005).
In response to news reports about a county supervisor's
sister who, as a full-time unpaid volunteer with her
brother's office, received free use of a county car with
taxpayer-funded gasoline included, AB 1399's author wants
to prohibit public officials' immediate family members from
using public vehicles or credit cards.
Proposed Law
Assembly Bill 1399 prohibits, except in the case of a
medical emergency, 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 the
local agency that the local officials represents, or
A credit card issued by the local agency that the
local official represents.
AB 1399 -- 3/17/10 -- Page 2
AB 1399 defines "immediate family member" as a spouse,
child, in-law, parent, or sibling of the local official.
The bill's provisions do 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 prohibits the same conduct that the
bill prohibits.
Comments
1. A higher standard . When a public official allows an
immediate family member to use a public vehicle and credit
card, regardless of whether the resources are only used to
conduct public business, it raises concerns about nepotism
and the use of public resources for personal benefit. A
Riverside County Supervisor's sister reportedly earned
hundreds of thousands of dollars from his campaign for
political consulting and professional services while also
enjoying free use of a county car and taxpayer-funded
gasoline by working as an unpaid volunteer in the
supervisor's office. Although allowing a county volunteer
to use a public car and gasoline to conduct county business
does not violate state law, some critics believe this
arrangement violated higher ethical standards that elected
officials ought to meet. AB 1399 holds elected county
officials to a higher standard by prohibiting their family
members from using public vehicles and credit cards for any
purpose other than a medical emergency.
2. Unintended consequences . AB 1399 is narrowly written
to reflect the facts of the Riverside County case. This
specificity creates at least four unintended consequences:
Because the bill's prohibition applies only to city
and county officials, AB 1399 allows special district
officials to engage in the prohibited behavior.
Because the bill applies only to elected and
appointed officials, AB 1399 allows city or county
employees to engage in the prohibited behavior.
Because the bill applies only to a local official's
spouse, children, in-laws, parents, or siblings, AB
1399 allows a domestic partner, unrelated paid
campaign worker, business partner, or campaign donor,
to use public vehicles and credit cards while
volunteering with the public official's office.
AB 1399 -- 3/17/10 -- Page 3
Because the bill applies only to public vehicles
and credit cards, AB 1399 allows a local official to
let any volunteer use publicly funded office space,
phones, computers, faxes, copiers, tools, and
equipment, regardless of the volunteer's relationship
to the local official.
The Committee may wish to consider whether, by narrowly
prohibiting a few activities that could create perceptions
of favoritism, AB 1399 implicitly authorizes many other
arrangements that raise similar concerns.
3. Prevent favoritism . The Riverside County case
demonstrates that, by serving as unpaid volunteers, public
officials' family members, campaign workers, or both, may
be able to use public resources that are not available to
others. Regardless of whether public resources are used
exclusively for public purposes, some volunteers should not
be able to use public resources simply because of family or
financial connections to a public official. A broad
prohibition could prevent this type of favoritism. The
Committee may wish to consider amending AB 1399 to prohibit
a local official's immediate family members, or any
individual who has been paid from a campaign account
controlled by the public official, from volunteering for
the local agency that the local official represents.
Assembly Actions
Assembly Local Government Committee: 5-0
Assembly Floor: 66-0
Support and Opposition (6/10/10)
Support : California Taxpayer Protection Committee, La Mesa
Taxpayers Association, California Conference of Machinists,
California Conference of Amalgamated Transit Union,
California Teamsters Public Affairs Council, Engineers and
Scientists of California, IFPTE, Local 20, Professional and
Technical Engineers, IFPTE, Local 21, UNITE HERE!,
International Longshore and Warehouse Union, United Food &
Commercial Workers Western States Council, Helix Water
District, Ramona Springs Municipal Water District, Deer
Springs Fire Protections district, San Gorgonio Pass Water
Agency, Yucaipa-Calimesa Joint Unified School District, El
Cajon Mayor Mark Lewis, El Cajon Mayor Pro Tem Bill Wells,
Indian Wells Mayor Larry Spicer, Lemon Grove City
AB 1399 -- 3/17/10 -- Page 4
Councilmember Mary England, Ramona Unified School District
Board President Roger Dohm, Padre Dam Municipal Water
District Director James Maletic, Grossmont Union High
School District Board President Rob Shield, Grossmont
Healthcare District director James Stieringer, Lakeside
Water District Director Frank Hilliker, Daniel Neirinckx,
Jamul Dulzura Community Planning Group, Lakeside Union high
School District Superintendent Stephen Halfaker, La
Mesa-Spring Valley School District Trustee Rick Winet,
Beaumont Cherry Valley Water District President Blair Ball,
Borrego Springs Fire District Chairman Martin Orenyak,
Lakeside Water District Superintendent Brett Sanders,
Borrego Water District General Manager Richard Williamson,
Tierrasanta Community Council.
Opposition : Unknown.