SB 1190, as amended, Jackson. California Coastal Commission: ex parte communications: staff communications.
The California Coastal Act of 1976, for purposes of the act, defines an “ex parte communication” as any oral or written communication between a member of the California Coastal Commission and an interested person, as defined, about a matter within the commission’s jurisdiction, as defined, that does not occur in a public hearing, workshop, or other official proceeding or on the official record of the proceeding on the matter, but excludes from that definition certain communications, including communications between a staff member acting in his or her official capacity and any commission member or interested person, as prescribed. The act prohibits a commission member and an interested person from conducting an ex parte communication unless the member fully discloses and makes public the ex parte communication, as specified, and prohibits a commission member or alternate from making, participating in making, or in any other way attempting to use his or her official position to influence a commission decision about which the member or alternate has knowingly had an ex parte communication that has not been reported.
This bill would require certain ex parte communications to be reported in writing, and included in the record of the applicable proceeding. The bill would prohibit a commission member or an interested person frombegin insert intentionallyend insert conducting any ex parte communication concerning an adjudicative or enforcement proceeding before thebegin delete commission,end deletebegin insert commissionend insert and would prohibit a commission member from voting on or otherwise participating in any
commission proceeding to which one of these communications applies, even if the communication is reported.
This bill would also prohibit a commission member or alternate from attempting to use his or her official position tobegin delete influence commission staff or in any way alterend deletebegin insert place undue influence, as defined, on commission staff for the purpose of altering the contents or conclusions ofend insert a commission staff report, analysis, or recommendation prior to a public hearing on that matter to which the report, analysis, or recommendation applies. The bill would forever disqualify a commission member or alternate who willfully violates that provision from holding anybegin delete office in this state.end deletebegin insert
position at the commission.end insert
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 30324 of the Public Resources Code is
2amended to read:
(a) No commission member, nor any interested person,
4shall begin insertintentionally end insertconduct an ex parte communication concerning
5an adjudicative or enforcement proceeding before the commission.
6(b) (1) If a commission member, or any interested person,
7
conducts any ex parte communication, including a communication
8that is in violation of subdivision (a), the commission member
9shall fully disclose and make public the communication by
10providing a full report of the communication to the executive
11director within seven days after the communication or, if the
12communication occurs within seven days of the next commission
13hearing, to the commission in writing to be included on the record
14of the proceeding at that hearing.
P3 1(2) Notwithstanding Section 30327, if a commission member
2conducts an ex parte communication that is in violation of
3subdivision (a), he or she shall not vote on or otherwise participate
4in any commission proceeding to which the communication applies.
5(c) (1) The commission shall adopt
standard disclosure forms
6for reporting ex parte communications which shall include, but
7not be limited to, all of the following information:
8(A) The date, time, and location of the communication.
9(B) (i) The identity of the person or persons initiating and the
10person or persons receiving the communication.
11(ii) The identity of the person on whose behalf the
12
communication was made.
13(iii) The identity of all persons present during the
14communication.
15(C) A complete, comprehensive description of the content of
16the ex parte communication, including a complete set of all text
17and graphic material that was part of the communication.
18(2) The executive director shall place in the public record any
19report of an ex parte communication.
Section 30327.2 is added to the Public Resources Code,
21to read:
(a) No commission member or alternate shall attempt
23to use his or her official position to begin deleteinfluence or in any way alterend delete
24begin insert place undue influence, as defined by Section 1575 of the Civil
25Code, on commission staff for the purpose of alteringend insert the contents
26begin insert or conclusionsend insert of a commission staff report, analysis, or
27recommendation prior to a public hearing on that matter to which
28the staff report, analysis, or recommendation applies.
29(b) This section shall not be construed to prohibit a
30commissioner or alternate from communicatingbegin delete withend deletebegin insert with, or
31providing information to,end insert commission staff members about matters
32before the commission.
33(c) A commission member or alternate who willfully violates
34subdivision (a) is forever disqualified from holding anybegin delete public begin insert position at the commission.end insert
35office in this state.end delete
36(d) This section is intended to protect the public interest by
37ensuring
that commission members and alternates do not unduly
P4 1influence the contents of a staff report, analysis, or
2recommendation.
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