BILL NUMBER: AB 1344 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 27, 2011
AMENDED IN ASSEMBLY MAY 10, 2011
AMENDED IN ASSEMBLY APRIL 25, 2011
INTRODUCED BY Assembly Members Feuer and Alejo
FEBRUARY 18, 2011
An act to amend Sections 9255 and 9260 of the Elections Code, and
to amend Sections 34457, 34458, 54954.2, 54956, and 54956.5
and 54956 of, to add Section 34458.5 to, to add
Article 2.6 (commencing with Section 53243) to Chapter 2 of Part 1 of
Division 2 of Title 5 of, and to add Chapter 10.1 (commencing with
Section 3511.1) to Division 4 of Title 1 of, the Government Code,
relating to local government.
LEGISLATIVE COUNSEL'S DIGEST
AB 1344, as amended, Feuer. Local governance.
(1) Existing law requires a charter commission to submit, among
other things, a city charter to the voters of a city at either a
special election called for that purpose, at any established
municipal election date, or at any established election date,
provided that there are at least 88 days before the election.
Existing law also authorizes the governing body of any city or city
and county to, among other things, propose a charter and submit the
proposal for the adoption to the voters at either a special election
called for that purpose or at any established municipal election date
or at any established election date, provided there are at least 88
days before the election.
This bill would require a city charter or charter amendment,
whether submitted to the voters by a charter commission or the
governing body of the city or city and county, to be submitted at the
next established statewide general , statewide
primary, or regularly scheduled municipal election date,
provided there are at least 95 days before the election. This bill
would also require a proposal to adopt a charter, whether submitted
to the voters by a charter commission or the legislative body of a
city or city and county to include in the ballot description an
enumeration of new city powers as a result of the adoption of the
charter, including, but not limited to, whether the city council
will, pursuant to an adopted charter, have the power to raise its own
compensation and the compensation of other city officials without
voter approval.
(2) The Meyers-Milias-Brown Act contains various provisions that
govern collective bargaining of local represented employees. The
Ralph M. Brown Act requires that all meetings of a legislative body
of a local agency be open and public and all persons be permitted to
attend unless a closed session is authorized. Existing law requires
all contracts of employment between an employee and a local agency
employer to include a provision which provides that regardless of the
term of the contract, if the contract is terminated, the maximum
cash settlement that an employee may receive shall be an amount equal
to the monthly salary of the employee multiplied by the number of
months left on the unexpired term of the contract, with a maximum of
18 months.
This bill would, on and after January 1, 2012, additionally
prohibit an employment contract for a local excluded employee, as
defined, from including any clause that provides for an automatic
renewal of a contract that provides for ,
an automatic compensation increase, as specified, or an
automatic compensation increase in excess of a cost-of-living
adjustment. The bill would also require the local agency, as
defined, to complete a performance review of any excluded employee,
as defined, before an increase in compensation in excess of a
cost-of-living adjustment may be implemented for that individual. The
bill would also specify that those records, procedures, and actions
shall conform to the requirements of law, including, but not limited
to, the Public Records Act and the Ralph M. Brown Act. By
expanding the duties of local officials, this bill would impose a
state-mandated local program.
The bill would express a legislative finding and declaration that,
to ensure the statewide integrity of local government, the
procedures for the appointment and compensation of excluded employees
are an issue of statewide concern and that, therefore, all counties
and cities, including charter counties, charter cities, and charter
cities and counties, would be subject to the provisions of the bill.
(3) Existing law sets forth the penalties for misuse of public
resources or falsifying expense reporting, including, but not limited
to, loss of reimbursement privileges, restitution to the local
agency, civil penalties for misuse of public resources, and
prosecution for misuse of public resources, including imprisonment
for 2, 3, or 4 years, and disqualification from holding office, as
specified.
This bill would require an officer or employee of a local agency
who is convicted of a crime involving an abuse of his or her office
or position, where the local agency for which the officer and
employee was employed expends public funds for the legal
criminal defense of that officer or employee, to pay
restitution to the local agency that expended those funds.
(4) The Ralph M. Brown Act requires the legislative body of a
local agency to post an agenda containing a brief general description
of each item of business to be transacted or discussed at the
meeting, in a location that is freely accessible to members of the
public. The act also requires the presiding officer of the
legislative body to deliver written notice to each member of the
legislative body, and to each local newspaper of general circulation
and radio or television station requesting notice in writing if the
presiding officer of the legislative body calls a special meeting
, or by telephone in the case of an emergency meeting
.
This bill would require the legislative body, or the presiding
officer of the legislative body, to provide notice of each meeting,
including special meetings and emergency meetings
, on the local agency's Internet Web site, if the local agency has
one, as specified.
(5) The bill would express a legislative finding and declaration
that, to ensure the statewide integrity of local government, the
provisions of the act are an issue of statewide concern and that,
therefore, all counties and cities, including charter counties,
charter cities, and charter cities and counties, would be subject to
the provisions of the bill.
The
(6) 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 9255 of the Elections Code is amended to read:
9255. (a) A charter or charter amendment proposed by a charter
commission, whether elected or appointed by a governing body, for a
city or city and county shall be submitted to the voters at an
established statewide general , statewide primary, or regularly
scheduled municipal election date pursuant to Section 1200,
provided that there are at least 95 days before the election. A
charter commission may also submit a charter pursuant to Section
34455 of the Government Code.
(b) The following city or city and county charter proposals shall
be submitted to the voters at an established statewide general ,
statewide primary, or regularly scheduled municipal election,
pursuant to Section 1200, provided that there are at least 88 days
before the election:
(1) An amendment or repeal of a charter proposed by the governing
body of a city or a city and county on its own motion.
(2) An amendment or repeal of a city charter proposed by a
petition signed by 15 percent of the registered voters of the city.
(3) An amendment or repeal of a city and county charter proposed
by a petition signed by 10 percent of the registered voters of the
city and county.
(4) A recodification of the charter proposed by the governing body
on its own motion, provided that the recodification does not, in any
manner, substantially change the provisions of the charter.
(c) Charter proposals by the governing body and charter proposals
by petition of the voters may be submitted at the same election.
(d) The total number of registered voters of the city or city and
county shall be determined according to the county elections official'
s last official report of registration to the Secretary of State that
was effective at the time the notice required pursuant to Section
9256 was given.
SEC. 2. Section 9260 of the Elections Code is amended to read:
9260. The petition shall be in substantially the following form:
Petition for Submission to Voters of Proposed Amendment to the
Charter of the City (or City and County) of ____
To the city council (or other legislative body) of the City (or
City and County) of ____:
We, the undersigned, registered and qualified voters of the State
of California, residents of the City (or City and County) of ____,
pursuant to Section 3 of Article XI of the California Constitution
and Chapter 2 (commencing with Section 34450) of Part 1 of Division 2
of Title 4 of the Government Code, present to the city council (or
other legislative body) of the city (or city and county) this
petition and request that the following proposed amendment to the
charter of the city (or city and county) be submitted to the
registered and qualified voters of the city (or city and county) for
their adoption or rejection at the next statewide general ,
statewide primary, or regularly scheduled municipal election
date pursuant to Section 1200.
The proposed charter amendment reads as follows:
First. (setting forth the text of the amendment) ____ (etc.)
Printed
Signature Name Residence Date
___________ __________ ____________ _________
___________ __________ ____________ _________
___________ __________ ____________ _________
SEC. 3. Chapter 10.1 (commencing with Section 3511.1) is added to
Division 4 of Title 1 of the Government Code, to read:
CHAPTER 10.1. EXCLUDED LOCAL PUBLIC EMPLOYEES
3511.1. As used in this chapter, the following definitions apply:
(a) "Compensation" means any of the following:
(1) Annual salary or stipend.
(2) Local agency payments to the filer's deferred compensation or
defined benefit plans.
(3) Automobile and equipment allowances.
(4) Supplemental incentive and bonus payments.
(5) Local agency payments to the filer that are in excess of the
standard benefits that the local agency offers for all other
employees.
(b) "Cost-of-living" means the Consumer Price Index that applies
to a local agency, as calculated by the Department of Finance using a
formula developed by the Department of Industrial Relations.
(b) "Cost-of-living" means the California Consumer Price Index for
Urban Wage Earners and Clerical Workers as calculated by the
Department of Industrial Relations.
(c) "Excluded employee" means any person who is or will be
employed by, and report directly to, the legislative body of a local
agency and who is not subject to the Meyers-Milias-Brown Act (Chapter
10 (commencing with Section 3500)), Chapter 5 (commencing with
Section 45100) of Part 25 of Division 3 of Title 2 of the Education
Code, or Chapter 4 (commencing with Section 88000) of Part 51 of
Division 7 of Title 3 of the Education Code. "Excluded employee"
includes any person who performs governmental duties for a local
agency pursuant to a contract with that local agency and any person
who is considered an at-will employee.
(d) "Local agency" means a county, city, whether general law or
chartered, city and county, town, school district, municipal
corporation, district, political subdivision, or any board,
commission, or agency thereof, or other local public agency.
3511.2. On or after January 1, 2012, any contract executed or
renewed between a local agency and an excluded employee shall not
provide for any of the following:
(a) An automatic renewal of the contract.
a contract that provides for an automatic increase in compensation
that exceeds the cost-of-living adjustment.
(b) An automatic increase in compensation that exceeds a
cost-of-living adjustment.
(c) An automatic increase in compensation that is linked to
another contract, including an agreement entered into pursuant to the
Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500)),
Chapter 5 (commencing with Section 45100) of Part 25 of Division 3
of Title 2 of the Education Code, or Chapter 4 (commencing with
Section 88000) of Part 51 of Division 7 of Title 3 of the Education
Code.
(d) A maximum cash settlement that exceeds the amounts determined
pursuant to Article 3.5 (commencing with Section 53260) of Chapter 2
of Part 1 of Division 2 of Title 5.
3511.3. (a) Before a local agency may increase the compensation
of an excluded employee, the local agency shall complete a
performance review of the excluded employee.
(b) The records, procedures, and actions shall conform to the
requirements of law, including, but not limited to, the Public
Records Act (Chapter 3.5 (commencing with Section 6250) of Division
7) and the Ralph M. Brown Act (Chapter 9 (commencing with Section
54950) of Part 1 of Division 2 of Title 5).
(c) This section shall not apply to cost-of-living adjustments to
compensation.
SEC. 4. Section 34457 of the Government Code is amended to read:
34457. After the charter prepared by the charter commission has
been filed in the office of the clerk of the governing body of the
city or city and county pursuant to Section 34455, the proposed
charter shall be submitted to the voters of the city or city and
county at the next established statewide general , statewide
primary, or regularly scheduled municipal election date
pursuant to Section 1200 of the Elections Code, provided there are at
least 95 days before the election.
SEC. 5. Section 34458 of the Government Code is amended to read:
34458. As an alternative to the procedure provided for in
Sections 34450 to 34457, inclusive, the governing body of any city or
city and county, on its own motion may propose or cause to be
proposed, amend or cause to be amended, or repeal or cause to be
repealed, a charter, and may submit the proposal for the adoption,
amendment, or repeal thereof, to the voters at the next established
statewide general , statewide primary, or regularly scheduled mu
nicipal election date pursuant to Section 1200 of
the Elections Code provided there are at least 88 days before the
election.
SEC. 6. Section 34458.5 is added to the Government Code, to read:
34458.5. A proposal to adopt or amend a charter, whether
submitted to the voters pursuant to Section 34457 or 34458, shall
include in the ballot description an enumeration of new city powers
as a result of the adoption of the charter, including, but not
limited to, whether the city council will, pursuant to an adopted
charter, have the power to raise its own compensation and the
compensation of other city officials without voter approval.
SEC. 7. Article 2.6 (commencing with Section 53243) is added to
Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code,
to read:
Article 2.6. Abuse of Office
53243. If an officer or employee of a local agency, as defined in
Section 54951, is convicted of a crime involving an abuse of his or
her office or position, and the local agency for which the officer or
employee was employed expended public funds for the legal
criminal defense of that officer or employee, the officer or
employee shall pay restitution to the local agency that expended
those funds.
SEC. 8. Section 54954.2 of the Government Code is amended to read:
54954.2. (a) (1) At least 72 hours before a regular meeting, the
legislative body of the local agency, or its designee, shall post an
agenda containing a brief general description of each item of
business to be transacted or discussed at the meeting, including
items to be discussed in closed session. A brief general description
of an item generally need not exceed 20 words. The agenda shall
specify the time and location of the regular meeting and shall be
posted in a location that is freely accessible to members of the
public and on the local agency's Internet Web site, if the local
agency has one. If requested, the agenda shall be made available in
appropriate alternative formats to persons with a disability, as
required by Section 202 of the Americans with Disabilities Act of
1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations
adopted in implementation thereof. The agenda shall include
information regarding how, to whom, and when a request for
disability-related modification or accommodation, including auxiliary
aids or services, may be made by a person with a disability who
requires a modification or accommodation in order to participate in
the public meeting.
(2) No action or discussion shall be undertaken on any item not
appearing on the posted agenda, except that members of a legislative
body or its staff may briefly respond to statements made or questions
posed by persons exercising their public testimony rights under
Section 54954.3. In addition, on their own initiative or in response
to questions posed by the public, a member of a legislative body or
its staff may ask a question for clarification, make a brief
announcement, or make a brief report on his or her own activities.
Furthermore, a member of a legislative body, or the body itself,
subject to rules or procedures of the legislative body, may provide a
reference to staff or other resources for factual information,
request staff to report back to the body at a subsequent meeting
concerning any matter, or take action to direct staff to place a
matter of business on a future agenda.
(b) Notwithstanding subdivision (a), the legislative body may take
action on items of business not appearing on the posted agenda under
any of the conditions stated below. Prior to discussing any item
pursuant to this subdivision, the legislative body shall publicly
identify the item.
(1) Upon a determination by a majority vote of the legislative
body that an emergency situation exists, as defined in Section
54956.5.
(2) Upon a determination by a two-thirds vote of the members of
the legislative body present at the meeting, or, if less than
two-thirds of the members are present, a unanimous vote of those
members present, that there is a need to take immediate action and
that the need for action came to the attention of the local agency
subsequent to the agenda being posted as specified in subdivision
(a).
(3) The item was posted pursuant to subdivision (a) for a prior
meeting of the legislative body occurring not more than five calendar
days prior to the date action is taken on the item, and at the prior
meeting the item was continued to the meeting at which action is
being taken.
(c) This section is necessary to implement and reasonably within
the scope of paragraph (1) of subdivision (b) of Section 3 of Article
I of the California Constitution.
(d) For purposes of subdivision (a), the requirement that the
agenda be posted on the local agency's Internet Web site, if the
local agency has one, shall only apply to a legislative body that
meets either of the following standards:
(1) A legislative body as that term is defined by subdivision (a)
of Section 54952.
(2) A legislative body as that term is defined by subdivision (b)
of Section 54952, if the members of the legislative body are
compensated for their appearance, and if one or more of the members
of the legislative body are also members of a legislative body as
that term is defined by subdivision (a) of Section 54952.
SEC. 9. Section 54956 of the Government Code is amended to read:
54956. (a) A special meeting may be called
at any time by the presiding officer of the legislative body of a
local agency, or by a majority of the members of the legislative
body, by delivering written notice to each member of the legislative
body and to each local newspaper of general circulation and radio or
television station requesting notice in writing and posting a notice
on the local agency's Internet Web site, if the local agency has one.
The notice shall be delivered personally or by any other means and
shall be received at least 24 hours before the time of the meeting as
specified in the notice. The call and notice shall specify the time
and place of the special meeting and the business to be transacted or
discussed. No other business shall be considered at these meetings
by the legislative body. The written notice may be dispensed with as
to any member who at or prior to the time the meeting convenes files
with the clerk or secretary of the legislative body a written waiver
of notice. The waiver may be given by telegram. The written notice
may also be dispensed with as to any member who is actually present
at the meeting at the time it convenes.
The call and notice shall be posted at least 24 hours prior to the
special meeting in a location that is freely accessible to members
of the public.
(b) For purposes of subdivision (a), the requirement that the
agenda be posted on the local agency's Internet Web site, if the
local agency has one, shall only apply to a legislative body that
meets either of the following standards:
(1) A legislative body as that term is defined by subdivision (a)
of Section 54952.
(2) A legislative body as that term is defined by subdivision (b)
of Section 54952, if the members of the legislative body are
compensated for their appearance, and if one or more of the members
of the legislative body are also members of a legislative body as
that term is defined by subdivision (a) of Section 54952.
SEC. 10. Section 54956.5 of the Government Code
is amended to read:
54956.5. (a) For purposes of this section, "emergency situation"
means both of the following:
(1) An emergency, which shall be defined as a work stoppage,
crippling activity, or other activity that severely impairs public
health, safety, or both, as determined by a majority of the members
of the legislative body.
(2) A dire emergency, which shall be defined as a crippling
disaster, mass destruction, terrorist act, or threatened terrorist
activity that poses peril so immediate and significant that requiring
a legislative body to provide one-hour notice before holding an
emergency meeting under this section may endanger the public health,
safety, or both, as determined by a majority of the members of the
legislative body.
(b) (1) Subject to paragraph (2), in the case of an emergency
situation involving matters upon which prompt action is necessary due
to the disruption or threatened disruption of public facilities, a
legislative body may hold an emergency meeting without complying with
either the 24-hour notice requirement or the 24-hour posting
requirement of Section 54956 or both of the notice and posting
requirements.
(2) Each local newspaper of general circulation and radio or
television station that has requested notice of special meetings
pursuant to Section 54956 shall be notified by the presiding officer
of the legislative body, or designee thereof, one hour prior to the
emergency meeting, or, in the case of a dire emergency, at or near
the time that the presiding officer or designee notifies the members
of the legislative body of the emergency meeting. This notice shall
be given by telephone and all telephone numbers provided in the most
recent request of a newspaper or station for notification of special
meetings shall be exhausted. The notice shall also be posted on the
local agency's Internet Web site, if the local agency has one, one
hour prior to the emergency meeting, or, in the case of a dire
emergency, at or near the time that the presiding officer or designee
notifies the members of the legislative body of the emergency
meeting. In the event that telephone or Internet services are not
functioning, the notice requirements of this section shall be deemed
waived, and the legislative body, or designee of the legislative
body, shall notify those newspapers, radio stations, or television
stations of the fact of the holding of the emergency meeting, the
purpose of the meeting, and any action taken at the meeting as soon
after the meeting as possible.
(c) During a meeting held pursuant to this section, the
legislative body may meet in closed session pursuant to Section 54957
if agreed to by a two-thirds vote of the members of the legislative
body present, or, if less than two-thirds of the members are present,
by a unanimous vote of the members present.
(d) All special meeting requirements, as prescribed in Section
54956 shall be applicable to a meeting called pursuant to this
section, with the exception of the 24-hour notice requirement.
(e) The minutes of a meeting called pursuant to this section, a
list of persons who the presiding officer of the legislative body, or
designee of the legislative body, notified or attempted to notify, a
copy of the rollcall vote, and any actions taken at the meeting
shall be posted for a minimum of 10 days in a public place as soon
after the meeting as possible.
SEC. 11. SEC. 10. The Legislature
finds and declares that the fiscal integrity and stability of local
governmental agencies in this state, including charter cities and
charter counties, have 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 procedures for the appointment and
compensation of excluded employees are the provisions
of this act are an issue of statewide concern. Therefore,
Section 3 of this act shall apply to all counties
and cities, including charter counties, charter cities, and charter
cities and counties.
SEC. 11. The provisions of this act are severable.
If any provision of this act or its application is held invalid,
that invalidity shall not affect other provisions or applications
that can be given effect without the invalid provision or
application.
SEC. 12. 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.