BILL ANALYSIS �
SENATE COMMITTEE ON ELECTIONS
AND CONSTITUTIONAL AMENDMENTS
Senator Lou Correa, Chair
BILL NO: SB 31 HEARING
DATE:1/10/12
AUTHOR: CORREA ANALYSIS BY:Darren
Chesin
AMENDED: 1/4/12
FISCAL: YES
SUBJECT
Post-government employment: restrictions
DESCRIPTION
Existing law prohibits, for a period of one year after the
official leaves his or her position, local elected
officials, chief administrative officers of a county, city
managers, or general managers or chief administrators of a
special district, from representing for compensation any
other person by appearing before, or communicating with,
that local government agency (or any committee,
subcommittee, present member of that local government
agency, or any officer or employee of the local government
agency) if the appearance or communication is made for the
purpose of influencing administrative or legislative action
or influencing any action or proceeding involving the
issuance, amendment, awarding, or revocation of a permit,
license, grant, or contract, or the sale or purchase of
goods or property.
Existing law provides that this prohibition does not apply
to any individual who is appearing or communicating on
behalf of another public agency nor does it apply to
appointed officials or members of local governing boards
who served in those positions by virtue of holding a
separate elected office (e.g., a member of a local
transportation authority who serves in that position
because he or she is a county supervisor or city
councilperson).
Existing law , for purposes of this post-governmental
employment prohibition only provides that:
"Administrative action" means the proposal, drafting,
development, consideration, amendment, enactment, or
defeat by any local government agency of any matter,
including any rule, regulation, or other action in any
regulatory proceeding, whether quasi-legislative or
quasi-judicial. Administrative action does not include
any action that is solely ministerial.
"Legislative action" means the drafting, introduction,
modification, enactment, defeat, approval, or veto of
any ordinance, amendment, resolution, report,
nomination, or other matter by the legislative body of a
local government agency or by any committee or
subcommittee thereof, or by a member or employee of the
legislative body of the local government agency acting
in his or her official capacity.
Existing law does not preclude a local government agency
from adopting a similar ordinance or policy as long as it
is more restrictive.
This bill , in addition, would apply this prohibition to
local appointed officials. However, rather than expanding
the prohibition to include appointed officials, the author
intends to offer amendments that would instead expand the
existing prohibition to include any local public officials
serving as members of a governing board or commission with
decision-making authority.
BACKGROUND
Overview of Post-Employment Restrictions . The Political
Reform Act (PRA) places several restrictions on the
activities of public officials who are leaving governmental
employment. The post-employment activities of former state
officials are restricted by both the general "one-year" ban
and the "permanent" ban as discussed below. For certain
local officials and air pollution control/air quality
management district members, officers, or employees,
post-employment activities are restricted by a general
"one-year" ban. Additionally, the PRA restricts the
activities of all public officials who are anticipating
leaving governmental service.
One-Year Bans . The post-employment activities of former
state officials; air pollution control/air quality
SB 31 (CORREA) Page
2
management district members, officers, and employers; and
local officials are restricted under respective one-year
bans. While there are subtle differences between the
various one-year bans, generally, the bans restrict
officials, for one year after leaving governmental service,
from being paid to communicate with their former agency in
an attempt to influence certain actions or proceedings.
Permanent Bans . Former state officials are permanently
banned from being paid to appear in a proceeding involving
specific parties (e.g., a lawsuit, administrative law judge
hearing, or a state contract) in which the official
previously participated.
Ban on Influencing Prospective Employers . The PRA also
prohibits all public officials from making, participating
in making, or influencing a governmental decision that
directly relates to a prospective employer.
COMMENTS
1. According to the author : SB 31 corrects an omission in
existing law that allows certain appointed local
government officials to lobby their former agencies
immediately after leaving office. Under existing law,
local elected officials and specified local employees
are banned from representing individuals and private
entities, for compensation before former agencies for at
least one year after leaving office.
This situation recently occurred in Orange County where a
former public member of the Orange County Transportation
Authority, who had abruptly resigned from the Authority,
was hired by a private firm to negotiate significant
financial investments with the Authority. SB 31 will
reduce the potential for such abuse and help restore the
trust of taxpayers and constituents by closing this
loophole.
Concerns were raised that merely applying the existing
"revolving door" prohibitions to appointed officials
would sweep in individuals who are not really in
positions of influence. However, while researching the
issue we discovered that members of local governing
boards who served in those positions by virtue of
holding a separate elected office were not covered by
SB 31 (CORREA) Page
3
existing law either.
In light of this discovery, I am offering author's
amendments that address both concerns. As proposed to
be amended the bill will expand the existing
prohibitions to include not only local elected officials
but any other public official serving as a member of a
governing board or commission with decision-making
authority.
POSITIONS
Sponsor: Author
Support: None received
Oppose: None received
SB 31 (CORREA) Page
4