BILL NUMBER: AB 2672 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 2, 2010
AMENDED IN ASSEMBLY APRIL 20, 2010
AMENDED IN ASSEMBLY APRIL 8, 2010
INTRODUCED BY Assembly Member Cook
FEBRUARY 19, 2010
An act to amend Section 1771 of, and to add Section
1770.5 to, Sections 1770 and 1771 of the
Government Code, relating to local government.
LEGISLATIVE COUNSEL'S DIGEST
AB 2672, as amended, Cook. Public officers and employees: removal
from office.
Under existing law, an office becomes vacant on the occurrence of
certain events. Existing law specifies that when a public officer is
removed, declared insane, or convicted of a felony or offense
involving a violation of his or her official duty, or when his or her
election or appointment is declared void, the body or person before
whom the proceedings are had is required to give notice thereof to
the officer empowered to fill the vacancy.
This bill would provide that an appointed or ex officio
individual also vacates an office where the individual has been
debarred, suspended, disqualified, or otherwise excluded from
participating in federal "covered transactions," as prescribed under
federal law.
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. It is the intent of the Legislature
to provide a county transportation commission, a special act agency,
or any other entity whose membership composition is prescribed by
statute, with the authority to immediately remove an individual who
is debarred, suspended, disqualified, or otherwise excluded from
participating in a federal covered transaction pursuant to federal
law, including, but not limited to, Part 180 (commencing with Section
180.5) of Chapter I and Part 215 (commencing with Section 215.0) of
Chapter II of Subtitle A of Title 2 of the Code of Federal
Regulations. It is the further intent of the Legislature that this
authority be limited to requiring a debarred, suspended,
disqualified, or other excluded individual to vacate his or her
respective seat in the commission, agency, or the committee of a
commission or agency, and not to eliminate the representative seat or
position that the terminated individual held.
SEC. 2. Section 1770.5 is added to the
Government Code, to read:
1770.5. (a) For appointed individuals, the vacating of office
pursuant to subdivision (h) of Section 1770 shall include an
individual who has been debarred, suspended, disqualified, or
otherwise excluded from participating in federal "covered
transactions" pursuant to federal law, including, but not limited to,
Part 180 (commencing with Section 180.5) of Chapter I and Part 215
(commencing with Section 215.0) of Chapter II of Subtitle A of Title
2 of the Code of Federal Regulations.
(b) For purposes of this section, "appointed individual" means an
individual appointed to an agency, board, commission, committee, or
any other governing body by a legislative body of a city or county.
(c) This section shall not apply if either of the following
occurs:
(1) A federal agency grants an appointed individual subject to
subdivision (a) an exception in writing to participate in a
particular covered transaction, but only to the extent the exception
makes the individual eligible to participate in federal covered
transactions.
(2) An appointed individual subject to subdivision (a) is removed
from the federal Excluded Parties List System.
SECTION 1. It is the intent of the Legislature to
require an individual to vacate any appointed or ex officio office
that individual holds on the governing body of any local agency that
is, or may reasonably be expected to be, a participant or principal
in a federally covered transaction, when that individual is debarred,
suspended, disqualified, or otherwise excluded from participating in
a federally covered transaction, pursuant to federal law. It is not
the intent of the Legislature to eliminate any office, seat, or
position that becomes vacant pursuant to the provisions of this act.
SEC. 2. Section 1770 of the Government
Code is amended to read:
1770. An office becomes vacant on the happening of any of the
following events before the expiration of the term:
(a) The death of the incumbent.
(b) An adjudication pursuant to a quo warranto proceeding
declaring that the incumbent is physically or mentally incapacitated
due to disease, illness, or accident and that there is reasonable
cause to believe that the incumbent will not be able to perform the
duties of his or her office for the remainder of his or her term.
This subdivision shall not apply to offices created by the California
Constitution nor to federal or state legislators.
(c) His or her resignation.
(d) His or her removal from office.
(e) His or her ceasing to be an inhabitant of the state, or if the
office be local and one for which local residence is required by
law, of the district, county, or city for which the officer was
chosen or appointed, or within which the duties of his or her office
are required to be discharged.
(f) His or her absence from the state without the permission
required by law beyond the period allowed by law.
(g) His or her ceasing to discharge the duties of his or her
office for the period of three consecutive months, except when
prevented by sickness, or when absent from the state with the
permission required by law.
(h) His or her conviction of a felony or of any offense involving
a violation of his or her official duties. An officer shall be deemed
to have been convicted under this subdivision when trial court
judgment is entered. For the purposes of this subdivision, "trial
court judgment" means a judgment by the trial court either sentencing
the officer or otherwise upholding and implementing the plea,
verdict, or finding.
(i) His or her refusal or neglect to file his or her required oath
or bond within the time prescribed.
(j) The decision of a competent tribunal declaring void his or her
election or appointment.
(k) The making of an order vacating his or her office or declaring
the office vacant when the officer fails to furnish an additional or
supplemental bond.
(l) His or her commitment to a hospital or sanitarium by a court
of competent jurisdiction as a drug addict, dipsomaniac, inebriate,
or stimulant addict; but in that event the office shall not be deemed
vacant until the order of commitment has become final.
(m) (1) The incumbent is listed in the Excluded Parties List
System and all of the following apply:
(A) The office is one that the incumbent holds ex officio, by
virtue of holding another office, or as an appointee.
(B) The office is on the governing board of a local agency that
is, or may reasonably be expected to be, a participant or principal
in a covered transaction, pursuant to federal law.
(C) A federal agency head or designee has not granted the
incumbent an exception, in writing, permitting the incumbent to
participate in a particular covered transaction in which the local
agency is, or may reasonably be expected to be, a participant or
principal.
(2) For purposes of this subdivision, the following terms have the
following meanings:
(A) "Excluded Parties List System" means the list maintained and
disseminated by the federal General Services Administration
containing names of, and other information about, persons who are
debarred, suspended, disqualified, or otherwise excluded from
participating in a covered transaction, pursuant to federal law.
(B) "Local agency" includes, but is not limited to, a county,
whether general law or chartered, city, whether general law or
charted, city and county, school district, municipal corporation,
district, political subdivision, or any board, commission, or agency
of one of these entities.
(C) "Federal law" includes, but is not limited to, federal
regulations adopted pursuant to Section 2455 of Public Law 103-355
(108 Stat. 3327), Executive Order No. 11738, Executive Order No.
12549, and Executive Order No. 12689.
(3) This subdivision shall not apply to an elective office.
SEC. 3. Section 1771 of the Government Code is amended to read:
1771. (a) When an officer is removed,
declared insane, or convicted of a felony or offense involving a
violation of his or her official duty, or when his or her election or
appointment is declared void, or when an appointed
individual vacates office pursuant to Section 1770.5, the
body or person before whom the proceedings are had shall give notice
thereof to the officer or body empowered to fill the vacancy.
(b) When an officer vacates office pursuant to subdivision (m) of
Section 1770, the local agency on which the vacancy occurs shall give
notice of that vacancy to the officer or body authorized to fill the
vacancy.