BILL NUMBER: AB 1955	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member De La Torre

                        FEBRUARY 17, 2010

   An act to amend Section 1099 of the Government Code, relating to
public officers.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1955, as introduced, De La Torre. Public officers: incompatible
offices.
   Existing law prohibits a public officer, including, but not
limited to, an appointed or elected member of a governmental board,
commission, committee, or other body, from simultaneously holding 2
incompatible public offices, as specified.
   This bill would provide specific circumstances when 2 public
offices are incompatible.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1099 of the Government Code is amended to read:

   1099.  (a) A public officer, including, but not limited to, an
appointed or elected member of a governmental board, commission,
committee, or other body, shall not simultaneously hold two public
offices that are incompatible. Offices are incompatible when any of
the following circumstances are present, unless simultaneous holding
of the particular offices is compelled or expressly authorized by
law:
   (1) Either of the offices may audit, overrule, remove members of,
dismiss employees of, or exercise supervisory powers over the other
office or body.
   (2)  Based on the powers and jurisdiction of the offices, there is
a possibility of a significant clash of duties or loyalties between
the offices.
   (3) Public policy considerations make it improper for one person
to hold both offices.
   (b) When two public offices are incompatible, a public officer
shall be deemed to have forfeited the first office upon acceding to
the second. This provision is enforceable pursuant to Section 803 of
the Code of Civil Procedure.
   (c) This section does not apply to a position of employment,
including a civil service position.
   (d) This section shall not apply to a governmental body that has
only advisory powers.
   (e) For purposes of paragraph (1) of subdivision (a), a member of
a multimember body holds an office that may audit, overrule, remove
members of, dismiss employees of, or exercise supervisory powers over
another office when the body has any of these powers over the other
office or over a multimember body that includes that other office.

   (f) This section codifies the common law rule prohibiting an
individual from holding incompatible public offices.  
   (f) A possibility of a significant clash of duties or loyalties
between the offices, for purposes of paragraph (2) of subdivision
(a), includes, but is not limited to, any of the following:
   (1) Both offices have the power of eminent domain and the
geographic jurisdictions of the offices overlap.
   (2) One office has the power to set a fee or a rate, or to impose
a tax or a levy, that may directly or indirectly affect the other
office.
   (3) One office has the authority to investigate, monitor, or sue
the other office.