AB 925, as introduced, Bigelow. State officer or supervisory employee: personal liability for overpayment of compensation.
Existing law provides that an elected public officer, as defined, who is convicted of one or more specified felonies during the course of his or her term of office that arise directly from his or her official duties shall forfeit all rights and benefits under, and membership in, any public retirement system of which he or she is a member.
This bill would provide that a state officer or supervisory employee who intentionally circumvents statutes or regulations, resulting in the overpayment or unauthorized payment of compensation to himself, herself, or others, shall be personally liable for treble damages, based on the overpayment or unauthorized payment as determined by a court in a civil action brought by the state, as specified.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1244 is added to the Government Code,
2to read:
(a) A state officer or supervisory employee who
2knowingly or intentionally circumvents statutory or regulatory
3policy, resulting in overpayment or unauthorized payment of
4compensation by a state agency to himself or herself, to another
5employee, or to a contractor, shall be personally liable for damages
6upon a finding by a court of competent jurisdiction that the officer
7or supervisory employee intentionally or knowingly committed
8the acts resulting in the unauthorized payments.
9(b) The state shall have the right to bring legal action against
10the state officer or supervisory employee to recover damages under
11this section.
12(c) A state officer or supervisory employee found liable
under
13subdivision (a) shall be liable for treble damages based on the total
14amount of the overpayment or unauthorized payment.
15(d) The damages recovered from the state officer or supervisory
16employee pursuant to this section shall be deposited into the
17General Fund.
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