BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 31|
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THIRD READING
Bill No: SB 31
Author: Correa (D)
Amended: 1/10/12
Vote: 27
SENATE ELEC. & CONST. AMENDMENTS COMMITTEE : 5-0, 1/10/12
AYES: Correa, La Malfa, De Le�n, Gaines, Lieu
SENATE APPROPRIATIONS COMMITTEE : 8-0, 1/19/12
AYES: Kehoe, Walters, Alquist, Emmerson, Lieu, Pavley,
Price, Steinberg
NO VOTE RECORDED: Runner
SUBJECT : Post-government employment: restrictions
SOURCE : Author
DIGEST : This bill extends the revolving door
prohibitions of the Political Reform Act to include
officials who are appointed to local governing boards or
commission, as specified.
ANALYSIS : 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, 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 if the
appearance or communication is made for the purpose of
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influencing administrative or legislative amendment,
awarding or revocation of a permit, license, grant, or
contract of the sale or purchase of goods or property.
However, this existing 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.
This bill applies the one-year prohibition to any local
public official serving as a member of a governing board or
commission with decision-making authority. The Fair
Political Practices commission (FPPC) estimates that there
could potentially be thousands of local governing boards
and commissions including school boards, and multi-county
agencies. The prohibition does not apply to an individual
who is a member of a local governing board or commission
that is solely advisory.
The Political Reform Act places several restrictions on the
activities of public officials who are leaving governmental
employment including "one-year" bans which generally
restrict the post-employment activities of former state
officials, air pollution control/air quality management
district members, officers and employers, and local
officials. Some individuals are governed by "permanent"
bans such as prohibiting former state officials from
permanently 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.
The Political Reform Act also prohibits all public
officials from making, participating in making, or
influencing a governmental decision that directly relates
to a prospective employer.
Comments
This bill corrects an omission in existing law that allows
certain appointed local government officials to lobby their
former agencies immediately after leaving office. Under
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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. This bill
reduces the potential for such abuse and helps restore the
trust of taxpayers and constituents by closing this
loophole.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
Fiscal Impact (in thousands)
Major Provisions 2012-13 2013-14
2014-15 Fund
FPPC admin costs $108 $174 $174 General
The FPPC indicates the following costs associated with
personal services: 0.1 PY for a Senior Commission Counsel
in the Legal Division, 1 PY for a Political Reform
Consultant in the Technical Assistance Division, and 0.5 PY
for each of an Enforcement Counsel and Special Investigator
in the Enforcement Division. Additionally, the FPPC will
incur one-time costs of $8,200 and ongoing
communication/training expenses of approximately $4,600
annually.
SUPPORT : (Verified 1/23/12)
American Federation of State, County and Municipal
Employees
DLW:do 1/23/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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