BILL ANALYSIS
SENATE LOCAL GOVERNMENT COMMITTEE
Senator Patricia Wiggins, Chair
BILL NO: SB 106 HEARING: 3/4/09
AUTHOR: Committee on Local GovernmentFISCAL: No
VERSION: 1/27/09 CONSULTANT: Ho
ETHICS TRAINING FOR SCHOOL DISTRICT OFFICIALS
Background and Existing Law
Counties, cities, special districts, and school districts
can compensate their governing bodies, including
reimbursement for local officials' expenses. If a county,
city, or special district provides any form of
compensation, including reimbursement of expenses, to a
member of its legislative body, then all members of the
legislative body and its designated employees must receive
two hours of ethics training every two years (AB 1234,
Salinas, 2005).
The ethics training must cover relevant ethics principles
and ethics laws, such as financial interest disclosure
requirements and open government laws. Local agencies and
their trade associations can provide the training at home,
in person, or online. In addition, the Office of the
Attorney General and the Fair Political Practices
Commission provide free online ethics training. The
training providers must give the participants proof of
participation and local agencies must maintain public
records of participation documentation.
The ethics training law does not, however, apply to school
districts, community college districts, or county boards of
education. Some school officials may not have a clear
understanding of their responsibilities under the state's
ethics laws and may make mistakes.
Proposed Law
Senate Bill 106 adds school districts, community college
districts, and county boards of education to the definition
of a local agency whose officials must receive ethics
training. School officials must complete their ethics
training by January 1, 2011.
Comments
SB 106 - 1/27/09 -- Page 2
1. Integrity and accountability . The public values honest
government. And good government relies on the support of
the governed. Government leaders earn their constituents'
trust by acting in the public interest and behaving with
integrity. But the public's trust in representative
democracy is fragile; even small ethical lapses can swiftly
undermine confidence in public institutions. School
officials should be held to the same standards as other
local government officials. Just as school officials must
follow the Brown Act, the Public Records Act, and the
Political Reform Act, so too should they follow the same
ethics training requirements as their colleagues in cities,
counties, and special districts. By informing school
officials of their duties under the state's ethics laws, SB
106 helps school officials avoid making inadvertent
mistakes that could damage their credibility.
2. A burdensome intervention . School districts bear a
heavy burden from the state's increasing intervention in
local school district affairs. The state undermines the
presumption of local control over schools when it imposes
new controls on school districts. Increasing pressure from
the state compromises local school district officials'
ability to do their jobs. SB 106 adds to this undue
pressure on school districts.
3. Not a mandate ? According to Legislative Counsel, SB
106 does not create a new state-mandated local program.
The requirements for ethics training apply only to those
school boards that compensate their governing members. For
example, if a community college district reimburses its
trustees' expenses, then the district must follow the rules
set by SB 106. But because there is no requirement to
reimburse expenses, the bill is not a mandate. No
compensation, no requirements, no mandate. However, most
school boards compensate their members and may argue that
it is impractical to withhold compensation. Thus, even
though SB 106 does not create a new state-mandated local
program, school boards may be practically compelled to
provide ethics training to their members.
4. Legislative history . SB 106 is nearly identical to SB
76 (Florez, 2007), which the Committee passed by the vote
of 5-0, the Senate Floor passed by the vote of 39-0, and
SB 106 - 1/27/09 -- Page 3
the Assembly Education Committee passed by the vote of
10-0. Unexpectedly, the Assembly Appropriations Committee
requested to hear SB 76 even though the bill was keyed
non-fiscal. SB 76 died on suspense.
Support and Opposition (2/26/09)
Support : American Federation of State, County and
Municipal Employees, AFL-CIO
Opposition : Unknown.