BILL ANALYSIS �
SENATE COMMITTEE ON ELECTIONS
AND CONSTITUTIONAL AMENDMENTS
Senator Alex Padilla, Chair
BILL NO: AB 1431 HEARING DATE: 6/24/14
AUTHOR: GONZALEZ ANALYSIS BY: Darren Chesin
AMENDED: 6/18/14
FISCAL: YES
SUBJECT
Campaign contributions: school district and community college
district administrators
DESCRIPTION
Existing law provides for all of the following:
Prohibits a member of the Fair Political Practices Commission
(FPPC), during his or her tenure, from participating in or
contributing to an election campaign, or from seeking election
to any other public office during his or her term of
appointment.
Prohibits school district or community college district funds,
services, supplies, or equipment from being used for the
purpose of urging the support or defeat of any candidate,
including, but not limited to, any candidate for election to
the governing board of the district.
Prohibits a person who holds, or who is seeking election or
appointment to, the governing board of a school district or
community college district from using, or promising or
threatening to use, the power of office to positively or
adversely affect any person's compensation or position within
the district based on the vote or political activities of that
person.
Prohibits restrictions from being placed on the political
activities of officers or employees of a school district or
community college district, except as otherwise provided in
specified provisions of state law or as necessary to meet
requirements of federal law.
Prohibits an officer or employee of a local agency, other than
a school district, from soliciting a political contribution
from an officer or employee of that agency, except as
specified.
This bill would amend the Political Reform Act (PRA) to prohibit
a school or community college district administrator from
soliciting campaign contributions for district board members and
candidates for the district board, except as specified.
Specifically, this bill :
Prohibits an administrator of a school district or of a
community college district from knowingly soliciting,
accepting, or receiving a political contribution from any
person for the campaign of an elected official of the district
employing the administrator, or for a candidate for that
office.
Provides that this bill does not prohibit an administrator
from soliciting, accepting, or receiving a contribution for
his or her own campaign for office.
This bill provides for the following definitions:
"Administrator of a community college district" includes the
Superintendent, Chancellor, or President of a community
college district and a district level community college
district official who reports directly to the Superintendent,
Chancellor, or President of a community college district.
"Administrator of a school district" includes the
Superintendent of a school district and a district level
school district official who reports directly to the
Superintendent.
BACKGROUND
Hatch Act : Enacted in response to allegations that federal
government employees were using their positions to assist
candidates for federal office in the late 1930s, the federal
Hatch Act (5 U.S.C. �� 7321-7326) generally restricts certain
political activities of most civilian federal government
employees. The nature of the political activities that are
restricted under the Hatch Act vary, depending on the position
held by an employee. Employees in intelligence and enforcement
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agencies, for instance, typically are subject to broader
restrictions on political activities than other public
employees. Individuals who violate the Hatch Act are subject to
"removal, reduction in grade, debarment from Federal employment
for a period not to exceed 5 years, suspension, reprimand, or an
assessment of a civil penalty not to exceed $1,000."
COMMENTS
1.According to the Author : AB 1431 seeks to prohibit
administrators at school and community college districts from
soliciting funds for the campaigns of candidates - including
incumbents - for the board elections to govern the districts
where they are employed. Most recently, administrators'
practice of soliciting campaign funds for board members was
held as the common thread in three major government corruption
cases in San Diego County. This bill will reduce the real and
perceived conflicts of interest that is created by this
dynamic and has contributed to these major corruption scandals
in California's school districts and community college
districts.
AB 1431 addresses a major deficiency in campaign finance
regulation: School board and community College board elections
do not have a uniform set of restrictions across the state
from district to district. In fact, elections in most school
and community colleges in California are not subject to any
prohibitions or limitations when it comes to campaign
contribution amounts and sources. AB 1431 creates a campaign
finance prohibition in the most crucial nexus between campaign
contributions and influence. By banning administrators from
acting as campaign fundraisers for the board members they
report to, AB 1431 will curtail the real and perceived
conflicts of interest that arise when administrators are both
managing business before an education agency and soliciting
from those parties with business in front of the district
including labor unions, construction bond contractors or other
vendors.
2.Other Arguments in Support : In support of this bill, the
County of San Diego writes:
AB 1431?would prohibit school district and community college
district administrators from soliciting funds for campaign or
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legal defense funds for an elected official of the district
employing the administrator, or any candidate for an elected
office of the district.
This longstanding practice has become all too common and has
resulted in scandals and criminal charges for some school
districts within the San Diego County region. It allows
administrators inappropriate influence over their own job
security by assisting in campaign fundraising for their board
members and allows current board members to pressure
administrators into campaign fundraising. We want to ensure
that elected officials are devoting their time and public
resources to the public good, and we believe AB 1431 is a good
step in that direction.
PRIOR ACTION
Assembly Elections and Redistricting Committee: 5-1
Assembly Judiciary Committee: 8-2
Assembly Appropriations Committee: 12-4
Assembly Floor: 60-17
POSITIONS
Sponsor: Author
Support: California Federation of Teachers
County of San Diego
League of Women Voters of California
Oppose: None received
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