AB 1825, as introduced, Nazarian. School districts: Los Angeles Unified School District: inspector general.
(1) Existing law, until January 1, 2015, authorizes the Los Angeles Unified School District’s Inspector General of the Office of the Inspector General to conduct audits and investigations, as specified, including administering oaths or affirmations. Existing law makes it a misdemeanor, punishable as specified, for a person, after the administration of an oath or affirmation, to state or affirm as true any material matter that he or she knows to be false. Existing law also requires the inspector general to submit an interim report to the Legislature by July 1, 2000, annual interim reports by July 1 of each succeeding year, and a final cumulative report by December 1, 2014, that includes specified information.
This bill would extend that authority of the inspector general of the Los Angeles Unified School District until January 1, 2025. The bill would also require the final cumulative report to be submitted by the inspector general to the Legislature by December 1, 2024. By extending the operation of a crime, the bill would impose a state-mandated local program.
(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(3) This bill would make legislative findings and declarations as to the necessity of a special statute for the Los Angeles Unified School District.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 35400 of the Education Code is amended
2to read:
(a) The Los Angeles Unified School District’s Inspector
4General of the Office of the Inspector General is authorized to
5conduct audits and investigations. The inspector general may
6subpoena witnesses, administer oaths or affirmations, take
7testimony, and compel the production of all information,
8documents, reports, answers, records, accounts, papers, and other
9data and documentary evidence deemed material and relevant and
10that reasonably relate to the inquiry or investigation undertaken
11by the inspector general when he or she has a reasonable suspicion
12that a law, regulation, rule, orbegin insert schoolend insert district policy has been
13violated or is being violated. For purposes of this section,
14“reasonable suspicion” means that the
circumstances known or
15apparent to the inspector general include specific and articulable
16facts causing him or her to suspect that a material violation of law,
17regulation, rule, orbegin insert schoolend insert district policy has occurred or is
18occurring, and that the facts would cause a reasonable officer in a
19like position to suspect that a material violation of a law, regulation,
20rule, orbegin insert schoolend insert districtbegin delete bulletinend deletebegin insert policyend insert has occurred or is occurring.
21(b) Subpoenas shall be served in the manner provided by law
22for service of summons. Any subpoena issued pursuant to
this
23section may be subject to challenge pursuant to Chapter 2
24(commencing with Section 1985) of Title 3 of Part 4 of the Code
25of Civil Procedure.
26(c) For purposes of this section, Sections 11184, 11185, 11186,
2711187, 11188, 11189, 11190, and 11191 of the Government Code
P3 1shall apply to the subpoenaing of witnesses and documents, reports,
2answers, records, accounts, papers, and other data and documentary
3evidence as if the investigation was being conducted by a state
4department head, except that the applicable court for resolving
5motions to compel or motions to quash shall be the Superior Court
6for the County of Los Angeles.
7(d) Notwithstanding any otherbegin delete provision of theend delete law, any person
8who, after the administration of an oath or affirmation pursuant to
9this section, states or affirms as true any
material matter that he or
10she knows to be false is guilty of a misdemeanor punishable by
11imprisonment in a county jail not to exceed six months or by a
12fine not to exceed five thousand dollars ($5,000), or by both that
13fine and imprisonment for the first offense. Any subsequent
14violation shall be punishable by imprisonment in a county jail not
15to exceed one year or by a fine not to exceed ten thousand dollars
16($10,000), or by both that fine and imprisonment.
17(e) The inspector general shall submit an interim report to the
18Legislature by July 1, 2000, annual interim reports by July 1 of
19each succeeding year, and a final cumulative report by December
201,begin delete 2014,end deletebegin insert 2024,end insert on all of the following:
21(1) The use and effectiveness of the subpoena power authorized
22by this section in the successful completion of the inspector
23general’s duties.
24(2) Any use of the subpoena power in which the issued subpoena
25was quashed, including the basis for the court’s order.
26(3) Any referral to the local district attorney or the Attorney
27General where the district attorney or Attorney General declined
28to investigate the matter further or declined to prosecute.
29(f) This article shall remain in effect only until January 1,begin delete 2015,end delete
30begin insert 2025,end insert and as of that date is repealed, unless a later enacted statute,
31that is enacted before January 1,begin delete 2015,end deletebegin insert
2025,end insert deletes or extends
32that date.
No reimbursement is required by this act pursuant to
34Section 6 of Article XIII B of the California Constitution because
35the only costs that may be incurred by a local agency or school
36district will be incurred because this act creates a new crime or
37infraction, eliminates a crime or infraction, or changes the penalty
38for a crime or infraction, within the meaning of Section 17556 of
39the Government Code, or changes the definition of a crime within
P4 1the meaning of Section 6 of Article XIII B of the California
2Constitution.
The Legislature finds and declares that a special law
4is necessary and that a general law cannot be made applicable
5within the meaning of Section 16 of Article IV of the California
6Constitution because of the unique circumstances concerning the
7Los Angeles Unified School District.
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