BILL ANALYSIS
AB 2672
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Date of Hearing: April 28, 2010
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Cameron Smyth, Chair
AB 2672 (Cook) - As Amended: April 20, 2010
SUBJECT : Public officers and employees: removal from office.
SUMMARY : Requires an appointed individual who has been
debarred, suspended, disqualified, or otherwise excluded from
participating in federal "covered transactions" pursuant to
federal law to vacate that office. Specifically, this bill :
1)Requires an appointed individual who has been debarred,
suspended, disqualified, or otherwise excluded from
participating in federal "covered transactions" pursuant to
federal law to vacate that office.
2)Defines "appointed individual" to mean an individual appointed
to an agency, board, commission, committee, or any other
governing body by a legislative body of a city or county.
3)Excludes from the automatic vacation of office for appointed
individuals when either of the following occurs:
a) A federal agency grants an appointed individual 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; or,
b) An appointed individual is removed from the federal
Excluded Parties List System.
4)Requires, when an appointed individual vacates office pursuant
to being debarred, suspended, disqualified, or otherwise
excluded from participating in federal covered transactions,
the body or person before whom the proceedings are had to give
notice thereof to the officer or body empowered to fill the
vacancy.
EXISTING LAW :
1)Establishes under what circumstances a public office becomes
vacant.
AB 2672
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2)Requires, 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, the body or person before whom
the proceedings are had to give notice to the officer
empowered to fill the vacancy.
FISCAL EFFECT : None
COMMENTS :
1)The Riverside County Transportation Commission (RCTC) has 32
appointed commissioners, ranging from county supervisors to
city council members. Every city in Riverside County has an
appointee along with the five county supervisors of Riverside
County. The Governor appoints one non-voting individual, who
is the director of the local Department of Transportation
district office.
In January 2010, the Federal Highway Administration suspended
four members of the San Jacinto City Council from
participating in federally funded transportation programs and
projects because these four council members had been indicted
in November 2009 on 155 counts, including 56 felonies and 99
misdemeanors. The four council members pleaded not guilty.
Two of the council members also served on RCTC as commissioner
and alternate commissioner. In these capacities they helped
select federally funded highway transportation projects for
the county. As such, they participated in federal "covered
transactions" and were subject to suspension when adequate
evidence exists to suspect misconduct indicating a lack of
integrity or honesty affecting their responsibility. A
"covered transaction" is one that requires the consent of a
Department of Transportation official or, if no such consent
exists, one that equals or exceeds $25,000.
The San Jacinto City Council removed the two council members
from RCTC and replaced them with the sole city council member
to not be indicted. Because RCTC is an appointed commission,
it does not have the ability to remove commissioners itself.
The two council members remain on the San Jacinto city council
because, as provided for under existing law, they will
automatically be removed from their directly elected offices
only if they have been convicted of felony charges or any
AB 2672
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offense involving official duties.
2)According to the author, AB 2672 will provide appointed boards
and commissions with the power to take affirmative steps to
protect the board's or commission's eligibility to receive
federal funding in case one of its appointed members finds
himself or herself declared disbarred, suspended, excluded, or
declared ineligible by a federal agency.
3)Support Arguments : Supporters say AB 2672 is a good
government bill that ensures agencies, boards, commissions,
and committees that solely have appointed members will not
have their federal funding jeopardized.
Opposition Arguments : Opposition might argue the appointing
entity should have final say of whether or not its
representative on the agency, board, commission, or committee
is fit to continue to serve.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file
Opposition
None on file
Analysis Prepared by : Jennifer R. Klein / L. GOV. / (916)
319-3958