BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SR 43|
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THIRD READING
Bill No: SR 43
Author: Steinberg (D) and de Leon (D)
Amended: As introduced
Vote: 21
SENATE RULES COMMITTEE : 4-0, 5/21/14
AYES: Steinberg, Fuller, Lara, Mitchell
NO VOTE RECORDED: Knight
SUBJECT : Standing rules of the Senate: legislative ethics
SOURCE : Author
DIGEST : This resolution amends the Standing Rules of the
Senate with regards to legislative ethics policies.
ANALYSIS : Standing Rules of the Senate are adopted biennially
in a Senate Resolution. They outline the proper conduct,
procedures, and duties of the Senate.
This resolution does the following:
1. Prohibits a member of the Committee on Rules from being
appointed to the Committee on Legislative Ethics.
2. States that the Committee on Rules, upon the recommendation
of the 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
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an informant or complainant does not suffer adverse
consequences with respect to his or her employment.
3. Defines who is accessible to the ombudsperson.
4. Specifies confidentiality.
5. Specifies that under certain circumstances, 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.
6. Directs the Committee on Legislative Ethics to maintain a
public hotline telephone number for purposes of contacting
the ombudsperson.
7. Specifies that at least once in each biennial session, each
Senator shall also attend an individual training or review
session conducted by the ombudsperson.
8. 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.
9. Allows for a private letter of admonishment for an
inadvertent, technical, or otherwise de minimis violation as
discipline.
10.Allows for suspension for a most serious violation.
11.Requires the committee and the respondent to comply with
requests for discovery consistent with Sections 1054, 1054.1
and 1054.3 of the Penal Code.
12.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
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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.
13.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 .
Background
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 also aim to
identify systemic issues leading to poor service or breaches of
people's rights. Ombudsmen do not have the power to initiate
legal proceedings or prosecution on the grounds of a complaint.
The major advantage of an ombudsman is that he/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.
FISCAL EFFECT : Fiscal Com.: No
AL:nl 5/22/14 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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