Amended in Assembly June 8, 2016

Amended in Assembly June 1, 2016

Amended in Senate May 3, 2016

Amended in Senate March 28, 2016

Senate BillNo. 1190


Introduced by Senator Jackson

(Coauthor: Assembly Member Williams)

February 18, 2016


An act to amend Section 30324 of, and to add Section 30327.2 to, the Public Resources Code, relating to the California Coastal Commission.

LEGISLATIVE COUNSEL’S DIGEST

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 wouldbegin delete require certain ex parte communications to be reported in writing, and included in the record of the applicable proceeding. The bill wouldend delete prohibit a commission member or an interested person from intentionally conducting any ex parte communicationbegin delete concerning an adjudicative or enforcement proceeding before the commissionend deletebegin insert or any oral or written communication regarding a pending enforcement investigation that does not occur in a public hearing, workshop, or other official proceeding, or on the official record of the proceeding on the matter. The bill would require a commission member to report these communications in writing, would require the report to be placed in the public record,end 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 to place undue influence, as defined, on commission staff for the purpose of altering the contents or conclusions of 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 any position at the commission.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 30324 of the Public Resources Code is
2amended to read:

3

30324.  

(a) No commission member, nor any interested person,
4shall intentionally conductbegin delete anend deletebegin insert either of the following:end insert

5begin insert(1)end insertbegin insertend insertbegin insertAnend insert ex partebegin delete communication concerning an adjudicative or
6enforcement proceeding before the commission.end delete
begin insert communication.end insert

7
begin insert(2)end insertbegin insertend insertbegin insertAn oral or written communication regarding a pending
8enforcement investigation that does not occur in a public hearing,
P3    1workshop, or other official proceeding, or on the official record
2of the proceeding on the matter.end insert

3(b) (1) If a commission member, or any interested person,
4 conductsbegin delete any ex parte communication, includingend delete a communication
5that is in violation of subdivision (a), the commission member
6shall fully disclose and make public the communication by
7providing a full report of the communication to the executive
8director within seven days after the communication or, if the
9communication occurs within seven days of the next commission
10hearing, to the commission in writing to be included on the record
11of the proceeding at that hearing.

12(2) Notwithstanding Section 30327, if a commission member
13conductsbegin delete an ex parteend deletebegin insert aend insert communication that is in violation of
14subdivision (a), he or she shall not vote on or otherwise participate
15in any commission proceeding to which the communication applies.

16(c) (1) The commission shall adopt standard disclosure forms
17for reportingbegin delete ex parteend delete communicationsbegin insert that are in violation of
18subdivision (a),end insert
which shall include, but not be limited to, all of
19the following information:

20(A) The date, time, and location of the communication.

21(B) (i) The identity of the person or persons initiating and the
22person or persons receiving the communication.

23(ii) The identity of the person on whose behalf the
24 communication was made.

25(iii) The identity of all persons present during the
26communication.

27(C) A complete, comprehensive description of the content of
28thebegin delete ex parteend delete communication, including a complete set of all text
29and graphic material that was part of the communication.

30(2) The executive director shall place in the public record any
31reportbegin delete of an ex parte communication.end deletebegin insert made pursuant to this section.end insert

32

SEC. 2.  

Section 30327.2 is added to the Public Resources Code,
33to read:

34

30327.2.  

(a) No commission member or alternate shall attempt
35to use his or her official position to place undue influence, as
36defined by Section 1575 of the Civil Code, on commission staff
37for the purpose of altering the contents or conclusions of a
38commission staff report, analysis, or recommendation prior to a
39public hearing on that matter to which the staff report, analysis,
40or recommendation applies.

P4    1(b) This section shall not be construed to prohibit a
2commissioner or alternate from communicating with, or providing
3information to, commission staff members about matters before
4the commission.

5(c) A commission member or alternate who willfully violates
6subdivision (a) is forever disqualified from holding any position
7at the commission.

8(d) This section is intended to protect the public interest by
9ensuring that commission members and alternates do not unduly
10influence the contents of a staff report, analysis, or
11recommendation.



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