BILL ANALYSIS �
AB 1716
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Date of Hearing: April 9, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 1716 (Garcia) - As Introduced: February 13, 2014
Policy Committee: ElectionsVote:6-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill amends the Political Reform Act (PRA) to expand the
prohibition on state administrative officials "switching sides"
in governmental proceedings to include local administrative
officials. Specifically this bill prohibits, with specified
exceptions, a former local administrative official, after
termination of their employment or term of office, from
representing anyone for compensation, other than their former
agency, with the intent to influence a judicial, quasi-judicial
or other proceed, if the former official's agency is a party or
has an interest in the proceeding or it is a proceeding in which
the former official had participated.
FISCAL EFFECT
Ongoing General Fund cost of up to $140,000 assuming the Fair
Political Practices Commission (FPPC), which administers and
enforces the PRA, would require up to a full-time attorney
position associated with increased workload.
COMMENTS
Background and Purpose . Current law restricts the
post-governmental activities of certain former public officials.
These restrictions are commonly known as a "revolving door
ban," and there are two main situations in the PRA that may
apply to former public officials.
Certain officials are prohibited, for one year after leaving
public service, from representing any other person by appearing
before or communicating with, for compensation, their former
agency in an attempt to influence agency decisions. Members of
AB 1716
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the Legislature, members of state boards and commissions with
decision-making authority, local elected officials, and
individuals who manage public investments are examples of those
subject to the one-year ban.
The second type of revolving door restriction permanently
prohibits former state administrative officials from being paid
to work on proceedings that they participated in while working
for the state. The ban prohibits appearances and communications
to represent any other person, as well as advising, consulting
or assisting in representing any other person, for compensation,
before any state administrative agency in a proceeding involving
specific parties (such as a lawsuit, a hearing before an
administrative law judge, or a state contract) if the official
previously participated in the proceeding. This permanent ban
on "switching sides" does not apply to local officials, though
some local jurisdictions have adopted similar rules. AB 1716
makes this permanent ban applicable to local jurisdictions.
Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081