BILL ANALYSIS Ó
SENATE RULES COMMITTEE
Senator Darrell Steinberg, Chair
2013-2014 Regular Session
BILL NO: SR 43
AUTHOR: Steinberg
HEARING: May 21, 2014
VERSION: As Introduced
FISCAL: N/A
URGENCY: N/A
CONSULTANT: Sandy Wood
BILL SUMMARY: Senate Resolution 43 amends the Standing Rules
of the Senate, Rule 12.3 and 13, for the 2013-2014 Regular
Session
ANALYSIS: Standing Rules of the Senate are adopted biennially
in a Senate Resolution. They outline the proper conduct,
procedures, and duties of the Senate.
On May 14, 2014, Senators Steinberg and De Leon introduced
Senate Resolution 43 to amend Section 12.3 and 13 of the
Standing Rules of the Senate for the 2013-14 Regular Session,
pertaining to the Committee on Legislative Ethics.
SR 43 will do the following:
Prohibits a member of the Committee on Rules from being
appointed to the Committee on Legislative Ethics.
The Committee on Rules, upon the recommendation of the
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Committee on Legislative Ethics, shall appoint an ethics
ombudsperson to facilitate the receipt of information about
potential ethical violations, and to assist the Senate in
providing remedies for retaliatory conduct, to ensure that
an informant or complainant does not suffer adverse
consequences with respect to his or her employment.
Defines who is accessible to the ombudsperson
Outlines confidentiality
In appropriate cases, especially when repeated or
systematic violations appear to have occurred, the
ombudsperson may refer the information to the Chair of the
Committee on Rules, the Chair of the Committee on
Legislative Ethics, the Secretary of the Senate, or all
three.
Directs the Committee on Legislative Ethics to maintain
a public hotline telephone number for purposes of
contacting the ombudsperson.
At least once in each biennial session, each Senator
shall also attend an individual training or review session
conducted by the ombudsperson.
Allows any person engaged by contract or otherwise to
perform services for the committee, access to all
information, testimony, records, complaints, documents, and
reports filed with, submitted to, or made by the committee,
and all records and transcripts of any investigations or
hearings of the committee.
Allows for a private letter of admonishment for an
inadvertent, technical, or otherwise de minimis violation
as discipline.
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Allows for suspension for a most serious violation.
The committee and the respondent are required to comply
with requests for discovery consistent with Sections 1054,
1054.1 and 1054.3 of the Penal Code.
Prohibits retaliation against an employee of the Senate
for reporting information to the Senate Committee on Rules,
the Senate Committee on Legislative Ethics, or any
government or law enforcement agency regarding a possible
violation of the Senate Standards of Conduct or any state
or federal law or regulation, or because the Senator,
officer, or employee believes that the employee reported or
may report such information, if the employee who reported
the information reasonably believed that the information
disclosed a violation of the Senate Standards of Conduct or
any state or federal law or regulation.
COMMENTS: An ombudsman is usually appointed by the government
but with a significant degree of independence, who is charged
with representing the interests of the public by investigating
and addressing complaints of maladministration or violation of
rights. The State of California has several ombudsmen assigned
to specific state agencies, i.e. the Department of Aging; the
Department of Corrections; and the Medi-Cal Managed Care Office.
Whether appointed by the legislature, the executive, or an
organization, the typical duties of an ombudsman are to
investigate complaints and attempt to resolve them, usually
through recommendations or mediation. Ombudsmen sometimes also
aim to identify systemic issues leading to poor service or
breaches of people's rights.
In general, an ombudsman is a state official appointed to
provide a check on government activity in the interests of the
citizen, and to oversee the investigation of complaints of
improper government activity against the citizen. Ombudsmen do
not have the power to initiate legal proceedings or prosecution
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on the grounds of a complaint.
The major advantage of an ombudsman is that he or she examines
complaints from outside the offending state institution, thus
avoiding the conflicts of interest inherent in self-policing.
However, the ombudsman system relies heavily on the selection of
an appropriate individual for the office, and on the cooperation
of at least some effective official from within the apparatus of
the state.
In the case of Senate Resolution 43, the ombudsperson may refer
the information to the Chair of the Committee on Rules, the
Chair of the Committee on Legislative Ethics, the Secretary of
the Senate, or all three.
SR 43 instructs the Committee on Rules, upon the recommendation
of the Committee on Legislative Ethics, to appoint an ethics
ombudsperson to facilitate the receipt of information about
potential ethical violations, and to assist the Senate in
providing remedies for retaliatory conduct, to ensure that an
informant or complainant does not suffer adverse consequences
with respect to his or her employment.
SR 43 amends Senate Rule 12.3 and Senate Rule 13 to be reflected
in the Legislative Handbook and in the Senate publication given
to every Senate employee titled A Guide To Laws On Official
Conduct for Legislators and Legislative Staff .
SUPPORT: None received.
OPPOSE: None received.