BILL NUMBER: SB 501	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 13, 2010
	AMENDED IN ASSEMBLY  AUGUST 12, 2010
	AMENDED IN SENATE  APRIL 20, 2009

INTRODUCED BY   Senator Correa
   (Principal coauthor: Assembly Member De La Torre)
   (Coauthors: Assembly Members  Block,  Caballero, Gatto,
Norby, Portantino, Smyth, and Torres)

                        FEBRUARY 26, 2009

   An act to add Section 53060.2 to the Government Code, relating to
local government.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 501, as amended, Correa. Local government: compensation
disclosure.
   Existing law provides for the compensation of local government
officers and employees, as specified.
   This bill would require officers and designated employees, as
defined, to annually file a compensation disclosure form, as
specified. This bill would require the Secretary of State to develop
the form, which would provide for the disclosure of, among other
things, salaries and stipends and reimbursements received by the
officer or designated employee, and the employer's cost of providing
benefits. This bill would also require a county, city, city and
county, school district, special district, or joint powers agency
that maintains an Internet Web site to post the information contained
on the filed form on that Internet Web site, as specified. The bill
would authorize a district attorney or any interested person to
commence an action by mandamus to enforce the provisions of the bill,
as specified.
   The bill would express a legislative finding and declaration that,
to ensure the statewide integrity of local government, disclosure of
compensation paid to officers and designated employees is an issue
of statewide concern and not a municipal affair and that, therefore,
all cities, including charter cities, would be subject to the
provisions of the bill.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 53060.2 is added to the Government Code, to
read:
   53060.2.  (a) For purposes of this section, the following terms
have the following meanings:
   (1) "City" means a general law city or a charter city.
   (2) "Designated employee" means a designated employee of a county,
city, city and county, school district, special district, or joint
powers agency formed pursuant to the Joint Exercise of Powers Act
(Chapter 5 (commencing with Section 6500) of Division 7 of Title 1)
who is required to file a statement of economic interests pursuant to
Chapter 7 (commencing with Section 87100) of Title 9.
   (3) "Officer" means an elected or appointed officer of a county,
city, city and county, school district, special district, or joint
powers agency formed pursuant to the Joint Exercise of Powers Act
(Chapter 5 (commencing with Section 6500) of Division 7 of Title 1)
who is required to file a statement of economic interests pursuant to
Chapter 7 (commencing with Section 87100) of Title 9.
   (b) Each officer or designated employee shall annually file a
compensation disclosure form that provides compensation information
for the preceding year, pursuant to this section. The annual filing
deadline for a compensation disclosure form shall be the same as the
filing deadline established for annual statements of economic
interest, pursuant to Sections 87203 and 87302.
   (c) (1) An officer or designated employee shall file his or her
compensation disclosure form with the same office that receives that
officer's or designated employee's statement of economic interest
pursuant to Section 87500. The office receiving the compensation
disclosure form shall make and retain a copy and return the original
to the officer or designated employee.
   (2) If the county, city, city and county, school district, special
district, or joint powers agency maintains an Internet Web site, it
shall post the information contained on the filed compensation
disclosure form on that Internet Web site.
   (d) The compensation disclosure form, which shall be developed by
the Secretary of State, shall, at a minimum, provide for the
disclosure of each of the following by an officer and a designated
employee:
   (1) Salaries and stipends paid.
   (2)  Reimbursements received for expenses.  
Total reimbursements for expenses received in a year. 
   (3) The employer's cost of providing benefits.
   (4) Any other monetary or nonmonetary perquisites provided.
   (e) The items disclosed pursuant to subdivision (d) shall also
include any items received by an officer or designated employee as a
result of membership with, or employment by, any local agency,
municipal corporation, public benefit corporation, or community
redevelopment agency, if the membership of the officer's or
designated employee's governing body is sufficient in number to
constitute a quorum or a majority of the governing body membership of
the local agency, municipal corporation, public benefit corporation,
or community redevelopment agency. 
   (f) The compensation disclosure form filed pursuant to this
section is a public record for purposes of the California Public
Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7
of Title 1), and shall be provided to a person, upon request,
pursuant to Section 6253.  
   (f) Every compensation disclosure form filed pursuant to this
section shall be open for public inspection and reproduction during
regular business hours, commencing as soon as practicable, but not
later than the second business day following the day on which it was
received. No conditions shall be imposed upon a person desiring to
inspect or reproduce a compensation disclosure form filed pursuant to
this section, nor shall any information or identification be
required from the person. Copies shall be provided at a charge not to
exceed ten cents ($0.10) per page. In addition, a retrieval fee not
to exceed five dollars ($5) per request may be charged for copies of
reports and statements that are more than five years old. A request
for more than one compensation disclosure form at the same time shall
be considered a single request. 
   (g) (1) The district attorney or any interested person may
commence an action by mandamus or injunction to compel an officer,
designated employee, county, city, city and county, school district,
special district, or joint powers agency to comply with the
requirements of this section. Nothing in this section shall be
construed to prevent an officer, designated employee, county, city,
city and county, school district, special district, or joint powers
agency from curing or correcting an action challenged pursuant to
this section.
   (2) Prior to any action being commenced pursuant to this
subdivision, the district attorney or interested person shall make a
demand of the officer, designated employee, county, city, city and
county, school district, special district, or joint powers agency to
cure or correct the action alleged to have been taken in violation of
this section. The demand shall be in writing and clearly describe
the nature of the alleged violation.
   (3) Within 30 days of receipt of the demand, the officer,
designated employee, county, city, city and county, school district,
special district, or joint powers agency shall cure or correct the
alleged violation  and notify the demanding party in writing of
the decision to cure or correct the alleged violation  or inform
the demanding party in writing of its decision not to cure or
correct the alleged violation.
   (4) Within 15 days of receipt of the written notice of the
decision to cure or correct an alleged violation, or not to cure or
correct, or within 15 days of the expiration of the 30-day period to
cure or correct, whichever is earlier, the demanding party shall be
required to commence the action pursuant to this subdivision or
thereafter be barred from commencing the action.
   (5) If the officer, designated employee, county, city, city and
county, school district, special district, or joint powers agency
takes no action within the 30-day period, the inaction shall be
deemed a decision not to cure or correct the alleged violation, and
the 15-day period to commence the action described in paragraph (1)
shall commence to run the day after the 30-day period to cure or
correct expires.
   (6) During any action seeking a judicial determination pursuant to
this subdivision if the court determines, pursuant to a showing that
an alleged violation has been cured or corrected by a subsequent
action, the action filed pursuant to this subdivision shall be
dismissed with prejudice.
  SEC. 2.  In enacting this act, the Legislature finds and declares
that the disclosure of compensation paid to officers and designated
employees furthers the intent and purposes of Section 3 of Article I
of the California Constitution which declares that the people have
the right of access to information concerning the conduct of the
people's business.
  SEC. 3.  The Legislature finds and declares that the fiscal
integrity and stability of local governmental agencies in this state,
including charter cities, has a direct impact on the long-term
well-being of all the residents of this state. The likelihood of
businesses locating to or staying in the state is affected by the
perception of a functioning, transparent, and practical governmental
structure in the local governmental bodies in California. Therefore,
the Legislature finds and declares that to ensure the statewide
integrity of local government, the disclosure of compensation paid to
officers and designated employees is an issue of statewide concern
and not a municipal affair, as that term is used in Section 5 of
Article XI of the California Constitution. Therefore, this act shall
apply to all cities, including charter cities.
  SEC. 4.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.