BILL NUMBER: AB 334 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Gomez
FEBRUARY 13, 2013
An act to amend Section 11045 of the Government Code, relating to
public employment.
LEGISLATIVE COUNSEL'S DIGEST
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 1. Section 11045 of the Government Code is amended to
read:
11045. (a) (1) Whenever a state agency requests the consent of
the Attorney General to employ outside counsel, as required by
Section 11040, the state agency shall within five business days of
the date the request is transmitted to the Attorney General provide
the designated representative of State Employees Bargaining Unit 2
with written notification of the request. The notice shall include
the items enumerated in subdivision (d).
(2) All state agencies, other than the office of the Attorney
General, that are not required to obtain the consent required by
subdivision (c) of Section 11040, shall provide written notice of any
proposed contract for outside legal counsel to the designated
representative of State Employees Bargaining Unit 2 five business
days prior to execution of the contract by the state agency. The
notice shall include the items required by subdivision (d). In the
event of an emergency that requires the immediate employment of
outside counsel, the state agency shall provide the written notice no
later than five business days after the contract with outside
counsel is signed.
(3) Whenever the Attorney General determines the need to employ
outside legal counsel pursuant to subdivision (b) of Section 12520,
the Attorney General shall give written notice to the designated
representative of State Employees Bargaining Unit 2 within 10 days of
that determination. The notice shall include the items enumerated in
subdivision (d).
(b) The Attorney General shall provide the designated
representative of State Employees Bargaining Unit 2 with a written
report, at least monthly, of all consents granted to every state
agency pursuant to Section 11040.
(c) Notwithstanding the above notice requirements, whenever any
state agency submits a proposed contract for outside counsel to the
Department of General Services pursuant to Section 10335 of the
Public Contract Code, the agency shall provide a copy of the contract
to the designated representative of State Employees Bargaining Unit
2. The failure of a state agency to provide a copy of the
contract to the designated representative shall be an independent
basis for the State Personnel Board to disapprove the contract
pursuant to the authority granted by Article 4 (commencing with
Section 19130) of Chapter 5 of Part 2 of Division 5.
(d) "Written notice" within the meaning of this section shall
include, but not be limited to, all of the following:
(1) A copy of the complaint or other pleadings, if any, that gave
rise to the litigation or matter for which a contract is being
sought, or other identifying information.
(2) The justification for the contract, pursuant to subdivision
(b) of Section 19130.
(3) The nature of the legal services to be performed.
(4) The estimated hourly wage to be paid under the contract.
(5) The estimated length of the contract.
(6) The identity of the person or entity that is entering into the
contract with the state.
(e) "State agency," as used in this section, means every state
office, department, division, bureau, board, or commission, including
the Board of Directors of the State Compensation Insurance Fund, but
does not include the Regents of the University of California, the
Trustees of the California State University, the Legislature, the
courts, or any agency in the judicial branch of government.
(f) (1) The notice requirements of this section do not apply to
contracts for expert witnesses or consultations in connection with a
confidential investigation or to any confidential component of a
pending or active legal action.
(2) The exemption authorized in paragraph (1) shall only apply as
long as necessary to protect the confidentiality of the investigation
or the confidential component of a pending or active legal action.
(3) Disclosures made pursuant to this section are deemed to be
privileged communications for purposes of subdivision (c) of Section
912 of the Evidence Code, and shall not be construed to be a waiver
of any privilege or exemption provided by law, including, but not
limited to, the lawyer-client privilege, as described in Section 952
of the Evidence Code, or attorney work product, as described in
Chapter 4 (commencing with Section 2018.010) of Title 4 of Part 4 of
the Code of Civil Procedure.
(g) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding or other written
agreement reached pursuant to Section 3517 or 3517.5, the memorandum
of understanding or agreement shall be controlling without further
legislative action, except that if any provision of the memorandum of
understanding or other agreement requires the expenditure of funds,
the provisions may not become effective unless approved by the
Legislature.