BILL ANALYSIS �
AB 1654
Page 1
ASSEMBLY THIRD READING
AB 1654 (Cook)
As Amended May 7, 2012
Majority vote
PUBLIC EMPLOYEES 5-0
-----------------------------------------------------------------
|Ayes:|Mansoor, Allen, Harkey, | | |
| |Ma, Wieckowski | | |
| | | | |
-----------------------------------------------------------------
SUMMARY : Disqualifies a public employee, as specified, who is
convicted of a felony, as specified, from public employment for
a period of five years. Specifically, this bill :
1)Prohibits a public employee who is convicted of a felony
involving bribes, embezzlement of public money, extortion or
theft of public money, perjury, or conspiracy to commit any of
those crimes arising out of his or her official duties from
being employed by a city, county, district, or any other
public agency of the state for a period of five years.
2)Specifies that the five-year disqualification period begins on
the later of:
a) The date of final conviction; or,
b) The date on which the employee is released from
incarceration.
3)Defines "public employee" for purposes of these provisions as
an at will employee hired to provide services to an elected
public officer elected or reelected to public office on or
after January 1, 2013.
4)Declares that this is an issue of statewide concern and not a
municipal affair and, therefore, will apply to all cities and
counties, including charter cities and counties.
EXISTING LAW prohibits a person from holding public office upon
conviction of designated crimes specified in both the
Constitution and statutory law.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
AB 1654
Page 2
Legislative Counsel.
COMMENTS : The Assembly Public Employees, Retirement and Social
Security Committee is informed that this bill is in response to
a corruption scandal that has been unfolding in San Bernardino
County over the last several years. The corruption scandal is
centered on a $102 million settlement that the county reached
with Colonies Partners, a group of developers.
According to information provided by the author's office,
"Following years of investigation, the former Chairman of the
San Bernardino County Board of Supervisors pled guilty to
multiple felony charges, including bribery, conspiracy, and
embezzlement. Additionally, the developer, another former San
Bernardino County Supervisor, and two former chiefs of staff to
San Bernardino County Supervisors have been charged in the case.
If convicted, both former supervisors are facing the loss of
their pension. Despite being charged with similar crimes as
part of the same case, the former chiefs of staff will be
allowed to keep their pensions if convicted. This could leave
the taxpayers on the hook for tens of thousands of dollars in
pension payments. Unfortunately, the Colonies Case is not an
isolated incident, as corruption scandals in Bell, Vernon, and
other California cities have shown. The failure to hold high
level staff of elected officials to the same standard as their
bosses is a major oversight in current law."
The author states, "The California Constitution already
recognizes that elected officials who abuse their office should
be barred from holding public office. This bill will extend
that principle to senior political staff. Whether you're a
legislator, mayor, or chief of staff, criminals who violate the
public trust have no place on public payrolls."
Analysis Prepared by : Karon Green / P.E., R. & S.S. / (916)
319-3957
FN: 0003501