BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 1654|
|Office of Senate Floor Analyses | |
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CONSENT
Bill No: AB 1654
Author: Cook (R), et al.
Amended: 5/7/12 in Assembly
Vote: 21
SENATE PUBLIC EMPLOYMENT & RETIRE. COMM. : 5-0, 6/11/12
AYES: Negrete McLeod, Walters, Gaines, Padilla, Vargas
ASSEMBLY FLOOR : 72-0, 5/14/12 - See last page for vote
SUBJECT : Public employment: disqualification
SOURCE : Author
DIGEST : This bill disqualifies a public employee, as
specified, who is convicted of a felony, as specified, from
public employment for a period of five years.
ANALYSIS : Existing law prohibits a person from holding
public office upon conviction of designated crimes
specified in both the Constitution and statutory law.
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
CONTINUED
AB 1654
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the state for a period of five years.
2. Specifies that the five-year disqualification period
begins on the later of:
The date of final conviction; or
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.
Comments
According to the author's office, 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
AB 1654
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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."
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
ASSEMBLY FLOOR : 72-0, 5/14/12
AYES: Achadjian, Alejo, Allen, Beall, Bill Berryhill,
Block, Blumenfield, Bonilla, Brownley, Buchanan, Butler,
Charles Calderon, Campos, Carter, Cedillo, Chesbro,
Conway, Cook, Davis, Dickinson, Donnelly, Eng, Feuer,
Fong, Fuentes, Furutani, Beth Gaines, Galgiani, Garrick,
Gatto, Gordon, Gorell, Grove, Hagman, Halderman, Hall,
Harkey, Hayashi, Roger Hern�ndez, Hill, Huber, Hueso,
Huffman, Jeffries, Jones, Knight, Lara, Logue, Bonnie
Lowenthal, Ma, Mansoor, Mendoza, Miller, Mitchell,
Morrell, Nestande, Nielsen, Norby, Olsen, V. Manuel
P�rez, Portantino, Silva, Skinner, Smyth, Solorio,
Swanson, Torres, Wagner, Wieckowski, Williams, Yamada,
John A. P�rez
NO VOTE RECORDED: Ammiano, Atkins, Bradford, Fletcher,
Monning, Pan, Perea, Valadao
DLW:m 6/12/12 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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