AB 334, as introduced, Gomez. State personnel: employment of outside legal counsel.
Existing law generally requires the written consent of the Attorney General prior to employment of outside counsel for representation of any state agency or employee in any judicial proceeding. Existing law requires a state agency requesting the consent of the Attorney General to employ outside counsel to provide a notice containing specified information regarding the request to the designated representative of State Employees Bargaining Unit 2. Existing law further requires a state agency, when it submits a contract for outside counsel to the Department of General Services in connection with state contracting requirements, to also submit a copy of the contract to the designated representative of State Employees Bargaining Unit 2.
This bill would provide that the failure of a state agency to provide a copy of the contract for outside counsel to the designated representative State Employees Bargaining Unit 2 when it provides a copy to the Department of General Services, as described above, is an independent basis for the State Personnel Board to disapprove the contract.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 11045 of the Government Code is
2amended to read:
(a) (1) Whenever a state agency requests the consent
4of the Attorney General to employ outside counsel, as required by
5Section 11040, the state agency shall within five business days of
6the date the request is transmitted to the Attorney General provide
7the designated representative of State Employees Bargaining Unit
82 with written notification of the request. The notice shall include
9the items enumerated in subdivision (d).
10(2) All state agencies, other than the office of the Attorney
11General, that are not required to obtain the consent required by
12subdivision (c) of Section 11040, shall provide written notice of
13any proposed contract for outside legal counsel to the designated
14representative of State
Employees Bargaining Unit 2 five business
15days prior to execution of the contract by the state agency. The
16notice shall include the items required by subdivision (d). In the
17event of an emergency that requires the immediate employment
18of outside counsel, the state agency shall provide the written notice
19no later than five business days after the contract with outside
20counsel is signed.
21(3) Whenever the Attorney General determines the need to
22employ outside legal counsel pursuant to subdivision (b) of Section
2312520, the Attorney General shall give written notice to the
24designated representative of State Employees Bargaining Unit 2
25within 10 days of that determination. The notice shall include the
26items enumerated in subdivision (d).
27(b) The Attorney General shall provide the designated
28representative of State Employees Bargaining Unit 2 with a written
29report, at least monthly, of
all consents granted to every state
30agency pursuant to Section 11040.
31(c) Notwithstanding the above notice requirements, whenever
32any state agency submits a proposed contract for outside counsel
33to the Department of General Services pursuant to Section 10335
34of the Public Contract Code, the agency shall provide a copy of
35the contract to the designated representative of State Employees
36Bargaining Unit 2.begin insert The failure of a state agency to provide a copy
37of the contract to the designated representative shall be an
38independent basis for the State Personnel Board to disapprove the
P3 1contract pursuant to the authority granted by Article 4
2(commencing with Section 19130) of Chapter 5 of Part 2 of
3Division 5.end insert
4(d) “Written notice” within the meaning of this section shall
5include, but
not be limited to, all of the following:
6(1) A copy of the complaint or other pleadings, if any, that gave
7rise to the litigation or matter for which a contract is being sought,
8or other identifying information.
9(2) The justification for the contract, pursuant to subdivision
10(b) of Section 19130.
11(3) The nature of the legal services to be performed.
12(4) The estimated hourly wage to be paid under the contract.
13(5) The estimated length of the contract.
14(6) The identity of the person or entity that is entering into the
15contract with the state.
16(e) “State agency,”
as used in this section, means every state
17office, department, division, bureau, board, or commission,
18including the Board of Directors of the State Compensation
19Insurance Fund, but does not include the Regents of the University
20of California, the Trustees of the California State University, the
21Legislature, the courts, or any agency in the judicial branch of
22government.
23(f) (1) The notice requirements of this section do not apply to
24contracts for expert witnesses or consultations in connection with
25a confidential investigation or to any confidential component of a
26pending or active legal action.
27(2) The exemption authorized in paragraph (1) shall only apply
28as long as necessary to protect the confidentiality of the
29investigation or the confidential component of a pending or active
30legal action.
31(3) Disclosures made pursuant to this section are deemed to be
32privileged communications for purposes of subdivision (c) of
33Section 912 of the Evidence Code, and shall not be construed to
34be a waiver of any privilege or exemption provided by law,
35including, but not limited to, the lawyer-client privilege, as
36described in Section 952 of the Evidence Code, or attorney work
37product, as described in Chapter 4 (commencing with Section
382018.010) of Title 4 of Part 4 of the Code of Civil Procedure.
39(g) If the provisions of this section are in conflict with the
40provisions of a memorandum of understanding or other written
P4 1agreement reached pursuant to Section 3517 or 3517.5, the
2memorandum of understanding or agreement shall be controlling
3without further legislative action, except that if any provision of
4the memorandum of understanding or other agreement requires
5the expenditure of funds, the provisions may not become effective
6unless
approved by the Legislature.
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