BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON GOVERNANCE AND FINANCE
                         Senator Robert M. Hertzberg, Chair
                                2015 - 2016  Regular 

                              
          
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          |Bill No:  |SB 1236                          |Hearing    |4/13/16  |
          |          |                                 |Date:      |         |
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          |Author:   |Hernandez                        |Tax Levy:  |No       |
          |----------+---------------------------------+-----------+---------|
          |Version:  |3/28/16                          |Fiscal:    |Yes      |
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          |Consultant|Weinberger                                            |
          |:         |                                                      |
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                                   Local government



          Enacts statutes governing the City of Industry's city-owned  
          housing occupancy, annual audits, city councilmembers'  
          compensation, and contracting practices


           Background 

           Encompassing an area of nearly 12 square miles in southeastern  
          Los Angeles County, the City of Industry is a charter city which  
          incorporated in 1957 for the purpose of promoting commerce and  
          industry.  The City is governed by a city council comprised of  
          five members who serve four year terms.  Councilmembers are  
          subject to at-large elections, although the City has rarely had  
          to hold competitive elections.  With approximately 440  
          residents, the City accommodates very little residential housing  
          within its boundaries.

          For many years, the City of Industry's government has attracted  
          attention over allegations of corruption, misspending, and  
          mismanagement.  Just last year, an internal city audit  
          reportedly found that the city had paid more than $300 million  
          to companies owned by the city's former mayor and his relatives  
          and that the payments were often not supported by accurate  
          invoices or other documentation.  In response, the Los Angeles  
          County Board of Supervisors unanimously approved a resolution  
          calling upon for the District Attorney to investigate possible  







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          fraud, corruption and illegal activity by Industry's former  
          Mayor and City Council.  The board's resolution also requested  
          the State Controller to conduct an audit of the city's  
          government transactions and contracts.  In January, 2016, after  
          conducting a review in the City of Industry, the Controller's  
          Office released a report on its findings, which included  
          widespread deficiencies in the city's internal controls,  
          questionable expenditures, inadequate oversight of financial and  
          operational activities, and irregular compensation and personnel  
          practices. 

          These reports raise concerns about a lack of honesty, fairness,  
          and accountability in how the City of Industry is governed.  In  
          response, some state elected officials want to impose limits on  
          city officials' discretion over matters that include city  
          council compensation, city contracting procedures, and the use  
          of city owned housing by city officials and their relatives.


           Proposed Law

           Senate Bill 1236 imposes the following requirements on a city  
          that is incorporated to promote commerce and industry, is  
          located wholly within the County of Los Angeles, and had no  
          residentially zoned land within its boundaries as of January 1,  
          1992:
                 No more than 5 percent of the city's total city-owned  
               housing may be occupied by:

                  o         Employees or officers of the city, including  
                    the family of employees or officers of the city.

                  o         Persons that contract with the city, including  
                    employees of persons or companies that contract with  
                    the city, and including the family of persons who  
                    contract with the city and the family of employees of  
                    persons or companies that contract with the city.

                 The city must make an annual disclosure of all property  
               owned by the city, wherever that property is situated.

                 The city must conduct an annual audit that utilizes  
               internal control components and elements based on the  
               guidelines established by the Government Accountability  








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               Office's Internal Control Management and Evaluation Tool.   
               The city must substantially comply with those guidelines.

                 Compensation for service on the city council must not  
               exceed $1,000 per month.

                 The California Public Contract Code must apply to  
               contracts entered into by the city, including contracts for  
               the provision of waste collection and management services,  
               notwithstanding existing law that applies the Public  
               Contract Code's provisions to charter cities only in the  
               absence of an express exemption or a city charter provision  
               or ordinance that conflicts with the relevant provision of  
               the Public Contract Code.

          SB 1236 specifies that the above requirements remain in effect  
          only until January 1, 2028.

          The bill contains extensive legislative findings and  
          declarations relating to concerns about corruption in small  
          charter cities.


           State Revenue Impact

           No estimate.


           Comments

           1.  Purpose of the bill  .  After auditing the City of Industry's  
          administrative and internal controls last year, the State  
          Controller reported finding pervasive deficiencies in the city's  
          accounting practices.  The Controller's staff found that 67 the  
          79 control elements evaluated pertaining to the City of  
          Industry's internal controls were considered inadequate.  None  
          of the City's 16 evaluated control elements relating to  
          integrity and ethical value, commitment to competence, and  
          management oversight and control were found to be adequate.  The  
          Controller's review "identified numerous contracts and  
          transactions that, at least in appearance, raised questions  
          about City Council's lack of due diligence, including potential  
          conflicts of interest and favoritism."  Although city officials  
          are working to correct many of the problems identified in the  








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          Controller's report, other concerns about the city's governance  
          remain unresolved.  The district attorney's office is reportedly  
          investigating the city's contracting practices.  A June 2, 2015  
          city council election also generated controversy by placing  
          three new members on the council who immediately replaced the  
          city manager and city attorney who had worked for the previous  
          council.  Ongoing uncertainty about the integrity, stability,  
          and honesty of the City of Industry's government is not good for  
          city residents or for the businesses located within the City.   
          The questions raised about the City's government also cast a  
          broader shadow of mistrust over municipal government in general.  
           SB 1236 is a reasonable and targeted response to these  
          problems.  The bill imposes a few common-sense restrictions on  
          City of Industry practices that are raising concerns among  
          auditors, law enforcement professionals, and members of the  
          general public.

          2.   Charter city  .  The California Constitution allows cities  
          that adopt charters to control their own "municipal affairs."   
          In all other matters, charter cities must follow the general,  
          statewide laws.  Because the Constitution doesn't define  
          "municipal affairs," the courts determine whether a topic is a  
          municipal affair or whether it's an issue of statewide concern.   
          Despite the fact that the City of Industry is a charter city, SB  
          1236 says that its statutory provisions apply to the city.  To  
          support this assertion, the bill includes a legislative finding  
          and declaration that having an open, honest, and transparent  
          government is a matter of statewide concern, and not a municipal  
          affair.  Ultimately, the courts may decide whether SB 1236's  
          provisions can apply to a charter city.  To avoid any  
          uncertainty about whether City of Industry can be subject to  
          general law restrictions, it would be necessary to amend the  
          California Constitution.  For example, until voters approved a  
          1970 constitutional amendment proposed by the California  
          Constitution Revision Commission (Proposition 2), the  
          Constitution did not allow cities with a population of less than  
          3,500 residents to become charter cities.  Restoring this  
          population threshold in the Constitution would guarantee that  
          the City of Industry could be subjected to greater regulation  
          under state law.

          3.  Impairment of contract  .  SB 1236 caps, at five percent, the  
          share of city owned housing that can be occupied by city  
          employees, city officers, or their relatives.  It is unclear  








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          whether, if the bill becomes law, the City would be required to  
          evict current occupants of city owned housing in order to comply  
          with the new cap.  Article I, Section 9 of the California  
          Constitution prohibits the Legislature from passing laws that  
          impair obligation of contracts.  To the extent that current  
          occupants of city-owned housing entered into lease agreements  
          with the city, state law may not be able to force the city to  
          break the terms of those leases.  The Committee may wish to  
          consider clarifying the intended effect of the 5% cap by  
          specifying that it will apply to city owned housing only after  
          current leases on those houses expire.

          4.   Will it work  ?  Responsive local democracy depends on aware  
          and attentive residents' holding public officials accountable  
          for their actions.  Maintaining the integrity of the  
          relationship between the governed and those who govern is hard  
          in the dozen California cities that have fewer than 1,000  
          residents.  In cities in which the population is very small,  
          familial and business relationships often connect most of the  
          cities' residents.  As a result, it becomes difficult for city  
          voters to act as a truly independent check on the municipal  
          powers exercised by elected officials who are also, in many  
          cases, their relatives, employers, landlords, or business  
          partners.  SB 1236 seeks to regulate some aspects of city  
          administration that appear to have been mismanaged by City of  
          Industry officials, but the bill does not address the  
          fundamental structural problems that may allow the City of  
          Industry's government to be operated for the benefit of  
          individuals at the expense of the greater good.  To address this  
          underlying structural problem, the Legislature could consider  
          ways to impose independent checks and balances on the City of  
          Industry's government.  For example, establishing an  
          independently appointed and funded ombudsman's office within the  
          city government could provide some ongoing monitoring and  
          accountability that cannot be provided by the city's small pool  
          of registered voters.

          5.   Mandate  . The California Constitution requires the state to  
          reimburse local governments for the costs of new or expanded  
          state mandated local programs.  Because SB 1236 imposes new  
          duties on City of Industry officials, Legislative Counsel says  
          that it imposes a new state mandate. SB 1236 requires the state  
          to reimburse local agencies if the Commission on State Mandates  
          determines that the bill imposes a reimbursable mandate.








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          6.  Special legislation  .  The California Constitution prohibits  
          special legislation when a general law can apply (Article IV,  
          §16).  SB 1236 contains findings and declarations explaining the  
          need for legislation that applies only to the City of Industry. 


           Support and  
          Opposition   (4/7/16)


           Support  :  Unknown.


           Opposition  :  City of Industry.



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