BILL ANALYSIS
SENATE LOCAL GOVERNMENT COMMITTEE
Senator Dave Cox, Chair
BILL NO: AB 2672 HEARING: 6/16/10
AUTHOR: Cook FISCAL: No
VERSION: 6/2/10 CONSULTANT:
Weinberger
PUBLIC OFFICE VACANCIES AND DISQUALIFICATIONS
Background and Existing Law
A public office becomes vacant when an incumbent dies,
resigns, is removed from office, ceases to be an inhabitant
of the state, or is convicted of a felony, any offense
involving a violation of his or her duties, or other
specified crimes. When an officer is removed, declared
insane, or convicted of a specified felony offense, or when
his election or appointment is declared void, the body
which conducted the proceedings must notify the officer who
can fill the vacancy.
To protect the public's interests, federal agencies can
exclude businesses or individuals from receiving federal
contracts, grants, loans, subsidies, donations, or other
forms of federal assistance. A federal agency may exclude
a business or individual for reasons such as a conviction
of, or indictment for, a criminal or civil offense, or a
serious failure to perform to the terms of a contract.
Federal agencies must report all excluded parties to the
Excluded Parties List System (EPLS), a Web-based system
maintained by the federal General Services Administration
(GSA). Before awarding funds, contracting officers and
other agency officials must check EPLS to ensure that a
prospective vendor is not an excluded party.
Some local agencies' board members are appointed by other
agencies or are filled automatically because an individual
holds another office. Some local officials worry that
these agencies could not remove a governing board member
who is listed in the federal EPLS, which could preclude the
agencies' receiving federal funds. They want the
Legislature to automatically vacate the seat of any ex
officio or appointed local agency board member listed in
the EPLS when an agency is involved in federal
transactions.
AB 2672 -- 6/2/10 -- Page 2
Proposed Law
Assembly Bill 2672 provides that a public office becomes
vacant when an incumbent is listed in the Excluded Parties
List System and all of the following apply:
The office is one that the incumbent holds ex
officio, by virtue of holding another office, or as an
appointee.
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.
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.
AB 2672 defines "Excluded Parties List System" as the list
maintained and disseminated by the 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.
The bill defines "local agency" as including a county,
city, whether general law or chartered, city and county,
town, school district, municipal corporation, district,
political subdivision, or any board, commission or agency
thereof, or other local public agency.
AB 2672 defines "federal law" as including 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.
AB 2672 specifies that its provisions do not apply to an
elective office.
When an officer vacates an office pursuant to the
provisions of AB 1672, the bill requires the local agency
on which a vacancy occurs to notify the officer or body
empowered to fill the vacancy.
AB 2672 -- 6/2/10 -- Page 3
Comments
1. Protecting federal funding . After two San Jacinto city
council members who also served as members of the Riverside
County Transportation Commission (RCTC) were indicted in
November 2009, the Federal Highway Administration (FHA)
suspended them from participating in federally-funded
programs and projects and posted their names to the
Excluded Parties List System. Because the RCTC is the
Metropolitan Planning Organization that selects
federally-funded highway transportation projects for the
region, the FHA notified the RCTC that the suspended
council members needed to be excluded from participating in
all federally funded programs and projects. However, the
RCTC had no authority to remove the two council members,
who were appointed by the City of San Jacinto. Although
the City agreed to replace its RCTC appointees, the RCTC's
federally funded programs could have been jeopardized if
the council members had not been replaced. AB 2672
protects federal funding for local agencies by
automatically vacating ex officio or appointed offices when
an incumbent's exclusion from participating in federal
transactions jeopardizes a local agency's participation in
federal transactions.
2. Who decides ? AB 2672 could force an official to vacate
a seat to which he or she is appointed by an elected local
body, based on a decision made by an unelected federal
agency official. The Committee may wish to consider
whether the decision to remove an individual who is
appointed to a local agency's board is best left to the
appointing authority.
Assembly Actions
Assembly Local Government Committee: 9-0
Assembly Floor: 75-0
Support and Opposition (6/10/10)
Support : Unknown.
Opposition : Unknown.
AB 2672 -- 6/2/10 -- Page 4