BILL NUMBER: HR 20 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Portantino
AUGUST 15, 2011
Relative to the Standing Rules of the Assembly for the 2011-12
Regular Session.
LEGISLATIVE COUNSEL'S DIGEST
HOUSE OR SENATE RESOLUTIONS DO NOT CONTAIN A DIGEST
Resolved by the Assembly of the State of California, That the
Standing Rules of the Assembly for the 2011-12 Regular Session are
amended as follows:
First--That Rule 11.3 is amended to read:
Open Meetings
11.3. (a) Except as otherwise provided in this rule, all meetings
of the Assembly or a committee thereof shall be open and public, and
all persons shall be permitted to attend the meetings. As used in
this rule, "meeting" means a gathering of a quorum of the Members of
the Assembly or a committee in one place for the purpose of
establishing or changing member budgets, leadership office budgets,
caucus and committee budgets, or any expenditure of funds
that are made from moneys appropriated in the Budget Bill under Item
0120-011-0001, or discussing legislative or other official
matters within the jurisdiction of the Assembly or committee. As used
in this rule, "committee" includes the Committee on Rules,
a standing committee, joint committee, conference committee,
subcommittee, select committee, special committee, research
committee, or any similar body.
(b) Any meeting that is required to be open and public pursuant to
this rule, including any closed session held pursuant to subdivision
(c), may be held only after full and timely notice to the public as
provided by the Joint Rules of the Assembly and Senate.
(c) The Assembly or a committee thereof may hold a closed session
solely for any of the following purposes:
(1) To consider the appointment, employment, evaluation of
performance, or dismissal of a public officer or employee, to
consider or hear complaints or charges brought against a Member of
the Legislature or other public officer or employee, or to establish
the classification or compensation of an employee of the Assembly.
(2) To consider matters affecting the safety and security of
Members of the Legislature or its employees, or the safety and
security of any buildings and grounds used by the Legislature.
(3) To confer with, or receive advice from, its legal counsel
regarding pending or reasonably anticipated litigation, or whether to
initiate litigation, when discussion in open session would not
protect the interests of the Assembly or committee regarding the
litigation.
(d) A caucus of the Members of the Assembly that is composed of
members of the same political party may meet in closed session.
(e) A closed session may be held pursuant to paragraph (3) of
subdivision (c) under any of the following circumstances:
(1) An adjudicatory proceeding before a court, administrative body
exercising its adjudicatory authority, hearing officer, or
arbitrator, to which the Assembly or a committee, Member, or employee
thereof is a party, has been initiated formally.
(2) Based on existing facts and circumstances, a point has been
reached where, in the opinion of the Assembly or a committee thereof,
on the advice of its legal counsel, litigation against the Assembly
or a committee, Member, or employee thereof is reasonably
anticipated.
(3) Based on existing facts and circumstances, the Assembly or a
committee thereof has decided to initiate, or is deciding whether to
initiate, litigation.
(4) To confer with, or receive advice from, its legal counsel and
negotiator prior to the purchase, sale, exchange, or lease of real
property by or for the Assembly or a committee thereof regarding the
price and terms of payment for the purchase, sale, exchange, or
lease.
(f) Prior to holding a closed session pursuant to paragraph (3) of
subdivision (c), the presiding officer of the Assembly or the chair
of the committee, as appropriate, shall state publicly which
paragraph of subdivision (e) is applicable. If the closed session is
held pursuant to paragraph (1) of subdivision (e), the presiding
officer or chair shall state the title of or otherwise specifically
identify the litigation to be discussed, unless the presiding officer
or chair states that to do so would jeopardize the ability to
effectuate service of process upon one or more unserved parties, or
that to do so would jeopardize the ability of the Assembly or the
committee to conclude existing settlement negotiations to its
advantage. If the closed session is held pursuant to paragraph (4) of
subdivision (e), the notice of the closed session shall identify the
real property that the negotiations may concern and the person with
whom the negotiations may take place.
(g) The legal counsel for the Assembly or the committee shall
prepare and submit to the Assembly or the committee a memorandum
stating the specific reasons and legal authority for the closed
session. If the closed session is held pursuant to paragraph (1) of
subdivision (e), the memorandum shall include the title of or other
identification of the litigation. If the closed session is held
pursuant to paragraph (2), (3), or (4) of subdivision (e), the
memorandum shall set forth the existing facts and circumstances on
which the closed session is based. The legal counsel shall submit the
memorandum to the Assembly or the committee prior to the closed
session, if feasible, or, in any case, not later than one week after
the closed session. The memorandum is exempt from disclosure under
the Legislative Open Records Act contained in Article 3.5 (commencing
with Section 9070) of Chapter 1.5 of Part 1 of Division 2 of Title 2
of the Government Code.
(h) For purposes of paragraph (3) of subdivision (c), "litigation"
includes any adjudicatory proceeding, including eminent domain,
before a court, administrative body exercising its adjudicatory
authority, hearing officer, or arbitrator.
(i) For purposes of this rule, all expressions of the
lawyer-client privilege other than those provided in this rule are
hereby abrogated. This rule is the exclusive expression of the
lawyer-client privilege for the purposes of conducting closed-session
meetings pursuant to this rule.
(j) Disclosure of a memorandum required under this rule shall not
be deemed a waiver of the lawyer-client privilege provided for under
Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of
the Evidence Code.
Second--That Rule 14 is amended to read:
Powers of the Committee on Rules
14. (a) The Committee on Rules has the following powers:
(1) To establish in an open public meeting an annual operational
budget for the support of each legislative district in the same or
equal amount for each Member of the Assembly.
(2) To establish in an open public meeting an annual operational
budget for the support of each of the following:
(A) The Committee on Rules, including Accounting, Benefits,
Facilities Management, Fiscal Office, Payroll, and Purchasing.
(B) Each legislative standing committee, subcommittee, select
committee, special committee, joint committee, investigative
committee, or other committee funded by the Assembly.
(C) The Democratic Caucus and the Democratic or Speaker's Office
of Member Services; the Republican Caucus, the Republican Office of
Policy, and the Republican Office of Member Services.
(D) All other caucuses.
(E) Each leadership office.
(F) The Office of the Chief Clerk.
(G) Other services for the Assembly, including, but not limited
to, Engrossing and Enrolling, Basement Garage, Mail Services,
Sergeant at Arms, Telecommunications, Travel Office, Vehicle
Maintenance, and the Offices on Reprographics.
(3) To have general direction over the rooms assigned for the use
of the Assembly, including the rooms for use by Members of the
Assembly as individual offices.
(1)
(4) To refer each bill and resolution to a committee,
as provided by these rules.
(2)
(5) To appoint all employees of the Assembly not
otherwise provided for by statute. It has authority to terminate, to
discipline, to establish, and to modify the terms and conditions of
employment of, or to suspend, with or without pay, any employee of
the Assembly.
(3)
(6) To make studies and recommendations designed to
promote, improve, and expedite the business and procedure of the
Assembly and of the committees thereof, and to propose any amendments
to the Rules deemed necessary to accomplish these purposes.
(4)
(7) To adopt additional policies or requirements
regarding the use of cameras and other recording equipment at
committee hearings or Assembly floor sessions.
(5)
(8) To contract with other agencies, public or private,
as it deems necessary for the rendition and affording of those
services, facilities, studies, and reports to the committee that will
best assist it to carry out the purposes for which it is created.
(6)
(9) To cooperate with and secure the cooperation of
county, city, city and county, and other local law enforcement
agencies in investigating any matter within the scope of these rules
and to direct the sheriff of any county to serve subpoenas, orders,
and other process issued by the committee.
(7)
(10) To report its findings and recommendations to the
Legislature and to the people from time to time and at any time.
(8)
(11) To do any and all other things necessary or
convenient to enable it fully and adequately to exercise its powers,
perform its duties, and accomplish the objects and purposes of these
rules.
(9)
(12) To make available to the Assembly, or to any
Assembly or joint committee, or to any Member of the Assembly
assistance in connection with the duties of the committee or other
legislative matters as the personnel under direction of the committee
or its other facilities permit.
(10)
(13) To make available to and furnish to the Assembly,
and to Assembly investigating committees created at this session and
to each of the members thereof, clerical, secretarial, and
stenographic help as may be reasonably necessary for the Assembly to
carry out its work, and for the committees and each of the members
thereof, to make and carry on the studies and investigations required
by or of them by the resolutions creating the committees, and for
these purposes to employ additional stenographic and secretarial
assistants as may be necessary, assign, reassign, and discharge these
assistants and prescribe amounts, times, and methods of payment of
their compensation. The committee shall allocate annually an amount
for the operation of each investigating committee, which shall
constitute the annual budget of the committee.
(b) During the times as the Assembly is not in session, the
committee is authorized and directed to incur and pay expenses of the
Assembly not otherwise provided for that the committee determines
are reasonably necessary, including the repair, alteration,
improvement, and equipping of the Assembly Chamber and the offices
provided for the Assembly in the State Capitol and the Capitol Annex.
(c) The committee shall allocate sufficient moneys from the
Assembly Operating Fund to support the Assembly's share of joint
operations.
(d) The Chairperson of the Committee on Rules shall appoint a
Chief Administrative Officer of the Assembly, subject to the
ratification of the Committee on Rules, who has duties relating to
the administrative, fiscal, and business affairs of the Assembly that
the committee shall prescribe. The Chairperson of the Committee on
Rules or a majority of the membership of the Committee on Rules may
terminate the services of the Chief Administrative Officer at any
time. Notwithstanding the foregoing, the Speaker may appoint a
temporary chief administrative officer for up to 90 days following
the beginning of the session.
(e) The Committee on Rules shall provide for the publication of a
compilation of the photographs of accredited press representatives.
(f) The Committee on Rules may delegate powers to the Speaker by a
majority vote of the membership of the committee.
(f) The Committee on Rules, each quarter of each legislative year,
shall make available to the public by posting on the Assembly's
Internet Web site all of the following information:
(1) The salary earned by each Member of the Assembly during that
legislative session and by that year to date.
(2) The amount of per diem claimed and paid to each Member of the
Assembly during that legislative session and by that year to date.
(3) The current monthly salary earned by each individual employed
by the Assembly and the amount paid year to date.
(4) The name, the duration of the contract, the contract amount,
and the amount paid year to date for each contract of employment,
each consulting contract, and each personal service contract entered
into by a Member, a committee, or any other employee of the Assembly
acting in his or her official capacity with individuals,
corporations, companies, associations, or groups.
(5) All payments not covered in paragraphs (1) to (4), inclusive,
gifts, or donations made from funds allocated to the Assembly by the
Budget Bill or any other bill that aggregate more than $1,000 in a
session that are made to any of the following:
(A) A state agency.
(B) An individual.
(C) A corporation, group, association, or business entity.
(6) Each Member of the Assembly's legislative budget for the
legislative session by legislative year and by accounting quarter.
(7) Each Member of the Assembly's expenditures for the legislative
session, by legislative year and by accounting quarter.
(8) Payments made for or on behalf of a Member of the Assembly or
the Assembly to settle any legal claim, and payments made to satisfy
a judgment against a Member of the Assembly or the Assembly in
general.
(9) Payments made on or behalf of an employee of the Assembly to
settle a legal claim, and payments made to satisfy a judgment against
an employee of the Assembly.
Third--That Rule 15.5 is amended to read:
Operating Fund Report
15.5. The Committee on Rules shall annually prepare a report to
the public of expenditures as required by Section 9131 of the
Government Code and shall make that report available to the
public on the Assembly's Internet Web site .
Fourth--That Rule 15.6 is amended to read:
Independent Audit of Operating Funds
15.6. The Committee on Rules shall contract for an
independent request the Controller to conduct an audit
of the revenues and expenditures, for each fiscal year, from
the Assembly Operating Fund. The organization performing the
audit shall be selected by a majority of the membership of the
Committee on Rules. The contract for the audit shall be awarded
through a competitive bidding procedure. Any Member,
committee, caucus, or any other entity of the Assembly shall provide
the Controller access to any records that the Controller determines
are needed in order to conduct the audit. The audit shall be
prepared in a manner and form to be determined by the
organization performing the audit Controller ,
and shall be consistent with generally accepted accounting
principles.
The audit shall be completed and made available to the public
within 180 90 calendar days following
the completion of the fiscal year for which the audit is performed.
Fifth--that Rule 15.7 is amended to read:
Performance Audit
15.7. In addition to the annual financial audit required by Rule
15.6, the Committee on Rules shall contract for
request the Controller to conduct an audit of the
administrative operations of the Assembly. The administrative
departments to be audited shall be determined by the
Committee on Rules the Controller . An
organization performing an audit pursuant to this rule shall be
selected by a majority of the membership of the Committee on Rules. A
contract for an audit shall be awarded through a competitive bidding
procedure. Any Member, committee, caucus, or any
other entity of the Assembly shall provide the Controller access to
any records that the Controller determines are needed in order to
conduct the audit. Audits shall be prepared in a manner and
form to be determined by the organization performing the
audit Controller , and shall be consistent with
generally accepted accounting principles.
All findings and recommendations reported by an auditing
firm shall be a legislative record for purposes of
Section 9072 of the Government Code, and made available to
Members , and to the public shall
be made available to the public on the Assembly's Internet Web site
.
Sixth--That Rule 18 is amended to read:
Expenditures
18. A member
18. The Assembly shall establish an equal operational budget for
the support of each legislative district per year. This budget shall
provide for the total expenses associated with staffing, maintenance,
and operational expenses for a district office or offices and a
Sacramento capitol office for each elected Member of the Assembly who
shall exercise discretion as to its expenditures.
Budget funds allocated to committees, caucuses, Assembly officers,
or other budgeted funds of the Assembly shall be used only for that
committee, caucus, Assembly officer, or other budgeted fund, and only
for the purpose for which it is intended. These funds shall not be
used for the staffing or other operational support for any Member of
the Assembly's district or capitol office.
A Member or committee of the Assembly may
not incur any expense except as authorized pursuant to these rules or
the Joint Rules of the Senate and Assembly, or as authorized by the
Assembly or the Committee on Rules.
The Committee on Rules shall provide, by rules and regulations,
for the manner of authorizing expenditures by Members, committees,
officers, and employees of the Assembly that are not otherwise
authorized by law, these rules, or the Joint Rules of the Senate and
Assembly. These rules and regulations shall incorporate a provision
whereby construction, alteration, improvement, repair, or maintenance
of real or personal property, and the purchase of supplies and
equipment, shall be governed by competitive bidding. Further, the
rules and regulations shall provide for the payment of expenditures,
as authorized by these rules and regulations, from the Assembly
Operating Fund upon certification of claims therefor to the
Controller by the Committee on Rules or its authorized
representative.
A Member of the Assembly may not be reimbursed for
travel outside the State of California without prior approval of
the Speaker or the Committee on Rules.
Seventh--That Rule 26 is amended to read:
IV. ASSEMBLY FUNCTIONS A. Duties of Assembly Officers Duties of
the Speaker
26. (a) The Speaker possesses the powers and shall perform the
duties prescribed as follows:
(1) To preserve order and decorum; he or she may speak to points
of order in preference to the other Members, rising from his or her
chair for that purpose.
(2) To decide all questions of order subject to appeal to the
Assembly by any Member. On every appeal, the Speaker shall have the
right to assign the reason for his or her decision.
(3) To name any Member to perform the duties of the Speaker,
except that any substitution may not extend beyond adjournment.
(4) To have general direction over the Assembly chamber
and rooms set aside for the use of the Assembly, including the rooms
for use by Members as private offices .
(5) To allocate funds, staffing, and other resources for the
effective operation of the Assembly.
(6)
(5) To appoint the membership of all standing and
special committees, including the Committee on Rules, and their
respective chairpersons and vice chairpersons. The Speaker has
approval power over the appointment of subcommittees of standing and
special committees, except as otherwise provided in Rule 14.5. The
Committee on Rules consists of the Chairperson, Vice Chairperson, and
other Members who shall be appointed by the Speaker in accordance
with the process for appointing the membership of standing committees
pursuant to this rule. Two alternate members of the Committee on
Rules shall be appointed in accordance with the process for
appointing members to the Committee on Rules. Members and alternates
so appointed shall remain in office until their successors are
selected as provided for in these rules. The Speaker may designate
any member in lieu of or in addition to the alternate member to fill
a temporary vacancy. An alternate member may serve when a committee
member is absent.
(7)
(6) To establish a schedule of meetings of standing
committees or subcommittees and to approve special meetings at a time
different from the scheduled time.
(8)
(7) To have general control and direction over the
Journals, papers, and bills of the Assembly and to establish a
procedure in accordance with Assembly Rule 118 for admitting
employees of the Legislature to the Assembly Chambers, including the
lobby in the rear of the chambers and any hallway or area of the
floor that is adjacent to the desks occupied by the assistants to the
Chief Clerk.
(9)
(8) To act as Chairperson of the Committee of the
Whole.
(10)
(9) To order the Lobby and Gallery cleared whenever he
or she deems it necessary.
(11)
(10) To authenticate by his or her signature, when
necessary or required by law, all bills, memorials, resolutions,
orders, proceedings, writs, warrants, and subpoenas issued by order
of the Assembly.
(b) The Speaker is an ex officio member of all Assembly and joint
committees with all of the rights and privileges of that membership,
except the right to vote. In counting a quorum of any of those
committees, the Speaker shall not be counted as a member.
(c) The Speaker shall, at each regular session, appoint a Member
of the Assembly to serve on the Judicial Council pursuant to Section
6 of Article VI of the California Constitution.