BILL ANALYSIS
AB 2672
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2672 (Cook)
As Amended June 2, 2010
Majority vote
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|ASSEMBLY: |75-0 |(May 6, 2010) |SENATE: |28-2 |(August 11, |
| | | | | |2010) |
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Original Committee Reference: L. GOV.
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.
The Senate amendments recast the Assembly version of this bill
to do the following:
1)Provide that a public office becomes vacant when an 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; and,
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)Define "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.
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3)Define "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.
4)Define "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.
5)Specify that the provisions of this measure do not apply to an
elective office.
6)Specify that when an officer vacates an office pursuant to the
provisions of this bill, the local agency on which a vacancy
occurs must notify the officer or body empowered to fill the
vacancy.
EXISTING LAW :
1)Establishes under what circumstances a public office becomes
vacant.
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.
AS PASSED BY THE ASSEMBLY , this bill:
1)Required 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)Defined "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)Excluded from the automatic vacation of office for appointed
individuals when either of the following occurs:
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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)Required, 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.
FISCAL EFFECT : None
COMMENTS : 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
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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
offense involving official duties.
According to the author, this bill 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.
Support arguments: Supporters say this bill 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.
Analysis Prepared by : Katie Kolitsos / L. GOV. / (916)
319-3958
FN: 0004928