BILL NUMBER: AB 148 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 2, 2011
INTRODUCED BY Assembly Member Smyth
( Coauthors: Assembly Members
Jeffries, Norby, and Portantino
)
( Coauthor: Senator Correa
)
JANUARY 14, 2011
An act to amend Sections 53234 and 53235.2 of, and to add Section
53232.5 to, the Government Code, relating to local government.
LEGISLATIVE COUNSEL'S DIGEST
AB 148, as amended, Smyth. Local government: ethics training:
disclosure.
(1) Existing law, for purposes of ethics training for officers and
employees of a local government, defines the term ethics laws to
include, among others, laws relating to government transparency.
This bill would additionally define the term ethics laws to
include compensation setting guidelines as established by specified
organizations.
(2) Existing law requires local agency officials, as defined, to
receive ethics training, if the local agency provides any type of
compensation, salary, or stipend to a member of a legislative body,
or provides reimbursement for actual and necessary expenses incurred
by a member of a legislative body in the performance of official
duties.
This bill would require the local agency to post the ethics
training record on the local agency's Internet Web site, if any, and
to submit a copy of the record to the Attorney General
Controller within 15 days of receiving the
record. By increasing the duties of local officials, this bill would
impose a state-mandated local program.
(3) Existing law authorizes a local agency, as defined, to pay
compensation to members of a legislative body for attendance at
specified occurrences. Existing law authorizes a local agency to pay
compensation for attendance at other occurrences if the governing
body has adopted, in a public meeting, a written policy specifying
other types of occasions that constitute the performance of official
duties.
Existing law authorizes a local agency to reimburse members of a
legislative body for actual and necessary expenses incurred in the
performance of official duties, if the governing body has adopted a
written policy, in a public meeting, specifying the types of
occurrences that qualify a member of the legislative body to receive
reimbursement of specified actual and necessary expenses.
This bill would require a local agency that has adopted a written
attendance compensation policy or written reimbursement policy to
post the policy on the local agency's Internet Web site, if any, and
to submit a copy of the policy to the Controller. The bill would, if
a local agency does not comply with these requirements, require the
Controller to withhold any funds to which the local agency is
otherwise entitled, as specified.
(4) 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 53232.5 is added to the Government Code, to
read:
53232.5. (a) A local agency that adopts a written attendance
compensation policy pursuant to subdivision (b) of Section 53232.1 or
a written reimbursement policy pursuant to subdivision (b) of
Section 53232.2 shall post the written policy on the local agency's
Internet Web site, if any, and shall submit a copy of the written
policy to the Controller.
(b) If a local agency fails to comply with the disclosure
requirements imposed by this section, the Controller shall withhold
any funds to which the local agency is otherwise entitled until the
local agency complies with the disclosure requirements.
SEC. 2. Section 53234 of the Government Code is amended to read:
53234. For the purposes of this article, the following terms have
the following meanings:
(a) "Legislative body" has the same meaning as specified in
Section 54952.
(b) "Local agency" means a city, county, city and county, charter
city, charter county, charter city and county, or special district.
(c) "Local agency official" means the following:
(1) Any member of a local agency legislative body or any elected
local agency official who receives any type of compensation, salary,
or stipend or reimbursement for actual and necessary expenses
incurred in the performance of official duties.
(2) Any employee designated by a local agency governing body to
receive the training specified under this article.
(d) "Ethics laws" include, but are not limited to, the following:
(1) Laws relating to personal financial gain by public servants,
including, but not limited to, laws prohibiting bribery and
conflict-of-interest laws.
(2) Laws relating to claiming perquisites of office, including,
but not limited to, gift and travel restrictions, prohibitions
against the use of public resources for personal or political
purposes, prohibitions against gifts of public funds, mass mailing
restrictions, and prohibitions against acceptance of free or
discounted transportation by transportation companies.
(3) Government transparency laws, including, but not limited to,
financial interest disclosure requirements and open government laws.
(4) Laws relating to fair processes, including, but not limited
to, common law bias prohibitions, due process requirements,
incompatible offices, competitive bidding requirements for public
contracts, and disqualification from participating in decisions
affecting family members.
(5) Compensation setting guidelines, as established by
organizations including, but not limited to, the California State
Association of Counties, the League of California Cities, the
California Special Districts Association, and the California City
Management Foundation.
SEC. 3. Section 53235.2 of the Government Code is amended to read:
53235.2. (a) A local agency that requires its local agency
officials to complete the ethical training prescribed by this article
shall maintain records, in the manner prescribed by this section,
indicating both of the following:
(1) The dates that local officials satisfied the requirements of
this article.
(2) The entity that provided the training.
(b) Notwithstanding any other provision of law, a local agency
shall maintain these records for at least five years after local
officials receive the training. These records are public records
subject to disclosure under the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title
1).
(c) A local agency shall post the ethics training records on the
local agency's Internet Web site, if any, and shall submit a copy to
the Attorney General Controller within
15 days of receiving the records.
SEC. 4. The Legislature finds and declares that the ethical
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 ethics training
records for local agency officials 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. 5. 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.