BILL NUMBER: SB 46 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Correa
DECEMBER 9, 2010
An act to add Section 53060.2 to the Government Code, relating to
local government.
LEGISLATIVE COUNSEL'S DIGEST
SB 46, as introduced, Correa. Local government: compensation
disclosure.
Existing law provides for the compensation of local government
officers and employees, as specified.
This bill would require filers, as defined, to annually file a
compensation disclosure form, as specified. This bill would require
the Secretary of State to develop the form, which would provide for
the disclosure of, among other things, salaries and stipends,
automobile and equipment allowances, and incentive and bonus
payments. This bill would also require a county, city, city and
county, school district, special district, or joint powers agency
that maintains an Internet Web site to post the information contained
on the filed form on that Internet Web site, as specified. The bill
would authorize a district attorney or any interested person to
commence an action by mandamus to enforce the provisions of the bill,
as specified. The duties imposed on local departmental agencies by
the bill would create a state-mandated local program.
The bill would express a legislative finding and declaration that,
to ensure the statewide integrity of local government, disclosure of
compensation paid filers is an issue of statewide concern and not a
municipal affair and that, therefore, all cities, including charter
cities, would be subject to the provisions of the bill.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 53060.2 is added to the Government Code, to
read:
53060.2. (a) For purposes of this section, the following terms
have the following meanings:
(1) "City" means a general law city or a charter city.
(2) "Filer" means both of the following:
(A) An elected or appointed officer of a county, city, city and
county, school district, special district, or joint powers agency
formed pursuant to the Joint Exercise of Powers Act (Chapter 5
(commencing with Section 6500) of Division 7 of Title 1), who is
required to file a statement of economic interests pursuant to
Section 87200.
(B) Any person who is a superintendent, deputy superintendent,
assistant superintendent, associate superintendent, community college
president, community college vice president, community college
deputy vice president, general manager, city manager, county
administrator, other similar chief administrative officer, or chief
executive officer of a local agency who is required to file a
statement of economic interests pursuant to Chapter 7 (commencing
with Section 87100) of Title 9.
(3) "School district" means a school district, community college
district, county board of education, and county superintendent of
schools.
(b) Each filer shall annually file a compensation disclosure form
that provides compensation information for the preceding year,
pursuant to this section. The annual filing deadline for a
compensation disclosure form shall be the same as the filing deadline
established for annual statements of economic interest, pursuant to
Sections 87203 and 87302.
(c) (1) A filer shall file his or her compensation disclosure form
with the same office of the local agency that receives that filer's
statement of economic interest pursuant to Section 87500.
(2) As an alternative to paragraph (1), if a county, city, city
and county, school district, special district, or joint powers agency
maintains an Internet Web site, it may compile the information
required by subdivision (d) for each filer and post that information
on the Internet Web site. The information for each filer shall be
available upon request pursuant to subdivision (f).
(3) If the county, city, city and county, school district, special
district, or joint powers agency maintains an Internet Web site, it
shall post the following information on that Internet Web site:
(A) The information contained on the filed compensation disclosure
form.
(B) The written policy for the reimbursement of actual and
necessary expenses adopted pursuant to Section 53232.2, if
applicable.
(d) The Secretary of State shall develop the compensation
disclosure form. When developing the compensation disclosure form,
the Secretary of State shall review and consider whether the amounts
listed in the Internal Revenue Service Form W-2 for the purposes of
calculating Medicare taxes are sufficient or, in the case of a
contractor, the amounts listed in the Internal Revenue Services Form
1099. If the filer is a contractor, the compensation disclosure form
shall require disclosure of the contract's compensation provisions.
The compensation disclosure form shall provide for the disclosure of
each of the following:
(1) Annual salary or stipend.
(2) Local agency payments to the filer's deferred compensation or
defined benefit plans.
(3) Automobile and equipment allowances.
(4) Supplemental incentive and bonus payments.
(5) Local agency payments to the filer that are in excess of the
standard benefits that the local agency offers for all other
employees.
(e) The information disclosed pursuant to subdivision (d) shall
also include any amounts received by a filer as a result of
membership with, or employment by, any local agency, municipal
corporation, public benefit corporation, or community redevelopment
agency, if the membership of the filer's governing body is sufficient
in number to constitute a quorum or a majority of the governing body
membership of the local agency, municipal corporation, public
benefit corporation, or community redevelopment agency.
(f) Every compensation disclosure form filed pursuant to this
section shall be open for public inspection and reproduction during
regular business hours, commencing as soon as practicable, but not
later than the second business day following the day on which it was
received. No conditions shall be imposed upon a person desiring to
inspect or reproduce a compensation disclosure form filed pursuant to
this section, nor shall any information or identification be
required from the person. Copies shall be provided at a charge not to
exceed ten cents ($0.10) per page. In addition, a retrieval fee not
to exceed five dollars ($5) per request may be charged for copies of
reports and statements that are more than five years old. A request
for more than one compensation disclosure form at the same time shall
be considered a single request.
(g) (1) The district attorney or any interested person may
commence an action by mandamus or injunction to compel a filer,
county, city, city and county, school district, special district, or
joint powers agency to comply with the requirements of this section.
Nothing in this section shall be construed to prevent a filer,
county, city, city and county, school district, special district, or
joint powers agency from curing or correcting an action challenged
pursuant to this section.
(2) Prior to any action being commenced pursuant to this
subdivision, the district attorney or interested person shall make a
demand of the filer, county, city, city and county, school district,
special district, or joint powers agency to cure or correct the
action alleged to have been taken in violation of this section. The
demand shall be in writing and clearly describe the nature of the
alleged violation.
(3) Within 30 days of receipt of the demand, the filer, county,
city, city and county, school district, special district, or joint
powers agency shall cure or correct the alleged violation and notify
the demanding party in writing of the decision to cure or correct the
alleged violation or inform the demanding party in writing of its
decision not to cure or correct the alleged violation.
(4) Within 15 days of receipt of the written notice of the
decision to cure or correct an alleged violation, or not to cure or
correct, or within 15 days of the expiration of the 30-day period to
cure or correct, whichever is earlier, the demanding party shall be
required to commence the action pursuant to this subdivision or
thereafter be barred from commencing the action.
(5) If the filer, county, city, city and county, school district,
special district, or joint powers agency takes no action within the
30-day period, the inaction shall be deemed a decision not to cure or
correct the alleged violation, and the 15-day period to commence the
action described in paragraph (1) shall commence to run the day
after the 30-day period to cure or correct expires.
(6) During any action seeking a judicial determination pursuant to
this subdivision if the court determines, pursuant to a showing that
an alleged violation has been cured or corrected by a subsequent
action, the action filed pursuant to this subdivision shall be
dismissed with prejudice.
SEC. 2. In enacting this act, the Legislature finds and declares
that the disclosure of compensation paid to filers furthers the
intent and purposes of Section 3 of Article I of the California
Constitution which declares that the people have the right of access
to information concerning the conduct of the people's business.
SEC. 3. The Legislature finds and declares that the fiscal
integrity and stability of local governmental agencies in this state,
including charter cities, has a direct impact on the long-term
well-being of all the residents of this state. The likelihood of
businesses locating to or staying in the state is affected by the
perception of a functioning, transparent, and practical governmental
structure in the local governmental bodies in California. Therefore,
the Legislature finds and declares that to ensure the statewide
integrity of local government, the disclosure of compensation paid to
filers is an issue of statewide concern and not a municipal affair,
as that term is used in Section 5 of Article XI of the California
Constitution. Therefore, this act shall apply to all cities,
including charter cities.
SEC. 4. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.