California Legislature—2013–14 Regular Session

Assembly Bill No. 1716

Introduced by Assembly Member Garcia

February 13, 2014

An act to amend Section 87400 of, and to add Section 87406.5 to, the Government Code, relating to the Political Reform Act of 1974.

LEGISLATIVE COUNSEL’S DIGEST

AB 1716, as introduced, Garcia. Political Reform Act of 1974: Postemployment activity restrictions.

(1) The Political Reform Act of 1974 prohibits a former state administrative officials, as defined, from participating in judicial, quasi-judicial, or other proceedings before a court or state administrative agency in which the State is a party or has a direct and substantial interest and in which the former state administrative official participated, subject to limited exceptions, as specified.

This bill would impose these restrictions, subject to the same exemptions, on local administrative officials, as defined, with respect to judicial, quasi-judicial, or other proceedings before a court, local government agency, or state administrative agency, as specified.

(2) Violations of the act are punishable as a misdemeanor. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.

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 no reimbursement is required by this act for a specified reason.

(3) The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act’s purposes upon a 2⁄3 vote of each house and compliance with specified procedural requirements.

This bill would declare that it furthers the purposes of the act.

Vote: ²⁄₃. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

Section 87400 of the Government Code is
amended to read:

87400.  

Unless the contrary is stated or clearly appears from
the context, the definitions set forth in this section shall govern
the interpretation of this article.

begin delete

(a) “State administrative agency” means every state office,
department, division, bureau, board and commission, but does not
include the Legislature, the courts or any agency in the judicial
branch of government.

end delete begin delete

(b) “State administrative official” means every member, officer,
employee or consultant of a state administrative agency who as
part of his or her official responsibilities engages in any judicial,
quasi-judicial or other proceeding in other than a purely clerical,
secretarial or ministerial capacity.

end delete begin delete

(c)

end delete

begin insert (a) end insert   begin insert (1) end insert begin insert   end insert “Judicial, quasi-judicial begin insert , end insert or other proceeding” means
any proceeding, application, request for a ruling or other
determination, contract, claim, controversy, investigation, charge,
accusation, arrest begin insert , end insert or other particular matter involving a specific
party or parties in any court or state administrative agency,
including but not limited to any proceeding governed by Chapter
5 (commencing with Section 11500) of Division 3 of Title 2 begin delete of
the Government Code end delete .

begin insert

(2) For purposes of Section 87404 and 87406.5, “Judicial,
quasi-judicial, or other proceeding” shall additionally apply to
matters described in paragraph (1) that are before a local
government agency.

end insert begin insert

(b) “Local administrative official” means every member, officer,
employee or consultant of a local government agency who as part
of his or her official responsibilities engages in any judicial,
quasi-judicial, or other proceeding in other than a purely clerical,
secretarial or ministerial capacity.

end insert begin delete

(d)

end delete

begin insert (c) end insert  “Participated” means to have taken part personally and
substantially through decision, approval, disapproval, formal
written recommendation, rendering advice on a substantial basis,
investigation or use of confidential information as an officer or
employee, but excluding approval, disapproval or rendering of
legal advisory opinions to departmental or agency staff which do
not involve a specific party or parties.

begin insert

(d) “State administrative agency” means every state office,
department, division, bureau, board and commission, but does not
include the Legislature, the courts or any agency in the judicial
branch of government.

end insert begin insert

(e) “State administrative official” means every member, officer,
employee or consultant of a state administrative agency who as
part of his or her official responsibilities engages in any judicial,
quasi-judicial, or other proceeding in other than a purely clerical,
secretarial or ministerial capacity.

end insert

SEC. 2.  

Section 87406.5 is added to the Government Code, to
read:

87406.5.  

(a) A former local administrative official, after the
termination of his or her employment or term of office, shall not
for compensation do either of the following:

(1) Act as agent or attorney for, or otherwise represent, any
other person, other than the former official’s local government
agency, before any court, local government agency, or state
administrative agency, or any officer or employee of those courts
or agencies by making any formal or informal appearance, or by
making any oral or written communication with the intent to
influence, in connection with any judicial, quasi-judicial, or other
proceeding if both of the following apply:

(A) The former local administrative official’s local government
agency is a party or has a direct and substantial interest.

(B) The proceeding is one in which the former local
administrative official participated.

(2) Aid, advise, counsel, consult or assist in representing any
other person, except the local government agency, in any
proceeding in which the official would be prohibited from
appearing under paragraph (1).

(b) The prohibitions contained in subdivision (a) shall not apply
to any of the following:

(1) To prevent a former local administrative official from
making or providing a statement, which is based on the former
local administrative official’s own special knowledge in the
particular area that is the subject of the statement, provided that
no compensation is received other than that regularly provided for
by law or regulation for witnesses.

(2) To communications made solely for the purpose of
furnishing information by a former local administrative official if
the court, local government agency, or state administrative agency
to which the communication is directed makes each of the
following findings in writing:

(A) That the former local administrative official has outstanding
and otherwise unavailable qualifications.

(B) That the former local administrative official is acting with
respect to a particular matter which requires such qualifications.

(C) That the public interest would be served by the participation
of the former local administrative official; or

(3) With respect to appearances or communications in a
proceeding in which a court, local government agency, or state
administrative agency has issued a final order, decree, decision,
or judgment but has retained jurisdiction if the local government
agency of former employment gives its consent by determining
each of the following:

(A) That at least five years have elapsed since the termination
of the former local administrative official’s employment or term
of office.

(B) That the public interest would not be harmed.

(c) The requirements imposed by this section shall not apply to
any person who left government service prior to the effective date
of this section with respect to that prior service.

SEC. 3.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.

SEC. 4.  

The Legislature finds and declares that this bill furthers
the purposes of the Political Reform Act of 1974 within the
meaning of subdivision (a) of Section 81012 of the Government
Code.