BILL NUMBER: AB 1654	ENROLLED
	BILL TEXT

	PASSED THE SENATE  JUNE 15, 2012
	PASSED THE ASSEMBLY  MAY 14, 2012
	AMENDED IN ASSEMBLY  MAY 7, 2012
	AMENDED IN ASSEMBLY  APRIL 9, 2012

INTRODUCED BY   Assembly Member Cook
   (Coauthors: Assembly Members Achadjian, Fletcher, Jeffries, and
Portantino)
   (Coauthors: Senators Cannella, Dutton, and Huff)

                        FEBRUARY 13, 2012

   An act to add Section 1021.5 to the Government Code, relating to
public employment.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1654, Cook. Public employment: disqualification from
employment.
   The California Constitution provides that a person shall be
disqualified from holding office if he or she has been convicted of
bribery, and directs the Legislature to enact laws to exclude persons
convicted of malfeasance in office or other high crimes from office.
Under existing statutory law, a person is disqualified from holding
any office upon the conviction of specified crimes designated in the
Constitution or statute. Existing law enumerates events causing a
vacancy in office, including the conviction of a felony or any
offense involving a violation of official duties.
   This bill would disqualify for 5 years a person who employed at
will for the purposes of providing services to an elected public
officer from any public employment, including, but not limited to,
employment with a city, county, district, or any other public agency
of this state, if he or she is convicted of a felony involving
accepting or giving, or offering to give, any bribe, the embezzlement
of public money, extortion or theft of public money, perjury, or
conspiracy to commit any of those crimes arising directly out of his
or her duties as a public employee. That 5-year disqualification
period would begin at the later of either the person's final
conviction or release from any incarceration.



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

  SECTION 1.  Section 1021.5 is added to the Government Code, to
read:
   1021.5.  (a) If a public employee is convicted of any felony
involving accepting or giving, or offering to give, any bribe, the
embezzlement of public money, extortion or theft of public money,
perjury, or conspiracy to commit any of those crimes arising directly
out of his or her official duties as a public employee, he or she
shall be disqualified for five years from any public employment,
including, but not limited to, employment with a city, county,
district, or any other public agency of the state.
   (b) The five-year disqualification period described in subdivision
(a) shall begin on the later of either of the following:
   (1) The date of final conviction.
   (2) The date on which the public employee is released from any
incarceration.
   (c) For purposes of this section, "public employee" means any
person employed at will for the purposes of providing services to an
elected public officer who takes public office, or is reelected to
public office, on or after January 1, 2013.
  SEC. 2.  The Legislature finds and declares that the integrity and
fiscal stability of local governmental agencies in this state,
including charter cities and charter counties, directly affects the
long-term well-being of all the residents of this state. The public
perception of efficiency, transparency, and accountability in local
governments in California affects the likelihood of businesses
locating to or remaining in the state. Therefore, the Legislature
finds and declares that to ensure the statewide integrity of state
agencies and local agencies, the ability of the state to disqualify
from future public service a person who is employed for the purposes
of providing services to an elected public officer and who is
convicted of a crime related to his or her official duties 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 and counties, including
charter cities and charter counties.