BILL ANALYSIS Ó AB 1654 Page 1 Date of Hearing: May 2, 2012 ASSEMBLY COMMITTEE ON PUBLIC EMPLOYEES, RETIREMENT AND SOCIAL SECURITY Warren T. Furutani, Chair AB 1654 (Cook) - As Amended: April 9, 2012 SUBJECT : Public employment: disqualification from employment. SUMMARY : Disqualifies a public employee, as specified, who is convicted of a felony, as specified, from public employment for a period of 5 years. Specifically, this bill : 1)Prohibits a public employee who is convicted of a felony involving bribes, embezzlement of public money, extortion or theft of public money, perjury, or conspiracy to commit any of those crimes arising out of his or her official duties from being employed by a city, county, district, or any other public agency of the state for a period of five years. 2)Defines "public employee" for purposes of these provisions as an at will employee hired to provide services to an elected public officer elected or reelected to public office on or after January 1, 2013. 3)Declares that this is an issue of statewide concern and not a municipal affair and, therefore, will apply to all cities and counties, including charter cities and counties. EXISTING LAW prohibits a person from holding public office upon conviction of designated crimes specified in both the Constitution and statutory law. FISCAL EFFECT : Unknown. COMMENTS : The Committee is informed that this bill is in response to a corruption scandal that has been unfolding in San Bernardino County over the last several years. The corruption scandal is centered on a $102 million settlement that the county reached with Colonies Partners, a group of developers. According to information provided by the author's office, "Following years of investigation, the former Chairman of the San Bernardino County Board of Supervisors pled guilty to multiple felony charges, including bribery, conspiracy, and AB 1654 Page 2 embezzlement. Additionally, the developer, another former San Bernardino County Supervisor, and two former chiefs of staff to San Bernardino County Supervisors have been charged in the case. If convicted, both former supervisors are facing the loss of their pension. Despite being charged with similar crimes as part of the same case, the former chiefs of staff will be allowed to keep their pensions if convicted. This could leave the taxpayers on the hook for tens of thousands of dollars in pension payments. Unfortunately, the Colonies Case is not an isolated incident, as corruption scandals in Bell, Vernon, and other California cities have shown. The failure to hold high level staff of elected officials to the same standard as their bosses is a major oversight in current law." The author states, "The California Constitution already recognizes that elected officials who abuse their office should be barred from holding public office. This bill will extend that principle to senior political staff. Whether you're a legislator, mayor, or chief of staff, criminals who violate the public trust have no place on public payrolls." REGISTERED SUPPORT / OPPOSITION : Support None on file Opposition None on file Analysis Prepared by : Karon Green / P.E., R. & S.S. / (916) 319-3957