BILL ANALYSIS �
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THIRD READING
Bill No: AB 1716
Author: Garcia (D)
Amended: As introduced
Vote: 27
SENATE ELECTIONS & CONST. AMEND. COMM. : 4-0, 6/17/14
AYES: Padilla, Hancock, Jackson, Pavley
NO VOTE RECORDED: Anderson
SENATE APPROPRIATIONS COMMITTEE : 5-0, 8/14/14
AYES: De Le�n, Hill, Lara, Padilla, Steinberg
NO VOTE RECORDED: Walters, Gaines
ASSEMBLY FLOOR : 73-1, 4/24/14 - See last page for vote
SUBJECT : Political Reform Act of 1974: Postemployment
activity restrictions
SOURCE : Author
DIGEST : This bill makes former local administrative officials
subject to the permanent ban on switching sides in a
governmental proceeding that currently applies to state
administrative officials.
ANALYSIS :
Existing law:
1.Prohibits, pursuant to the Political Reform Act (PRA), former
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state administrative officials from being compensated to work
on proceedings that they participated in while working for the
state. This "switching sides" ban prohibits appearances and
communications to represent any other person, as well as
aiding, advising, counseling, 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.
2.Permits a court or agency to exclude any person found to have
violated the "switching sides" ban, as detailed above, from
any further participation in the proceeding, as specified.
This bill:
1. Makes former local administrative officials subject to the
permanent ban on "switching sides" in a governmental
proceeding that currently applies to state administrative
officials.
2. Prohibits a former local administrative official, after the
termination of his/her employment or term of office, from
doing either of the following for compensation:
A. Acting as an agent or attorney for, or otherwise
representing, any person other than the former official's
agency, before a court, local government agency, state
administrative agency, or officer or employee of those
courts or agencies, by making an appearance or an oral or
written communication with the intent to influence a
judicial, quasi-judicial, or other proceeding, if both of
the following apply:
(1) The former local administrative official's
agency is a party or has a direct and substantial
interest; and
(2) The proceeding is one in which the former local
administrative official participated.
A. Aiding, advising, counseling, or assisting in
representing any other person, except the local government
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agency, in any proceeding in which the official would be
prohibited from appearing as detailed above.
1. Provides that the prohibitions outlined above do not apply
to the following:
A. To prevent a former official from making or providing
a statement based on the official's own special knowledge
in the area that is the subject of the statement, provided
that no compensation is received other than that regularly
provided by law or regulation for witnesses;
B. To communications made solely for the purpose of
furnishing information by a former official if the court
or agency to which the communication is directed makes the
following findings in writing:
(1) The former official has outstanding and
otherwise unavailable qualifications;
(2) The former official is acting with respect to a
matter that requires such qualifications; and
(3) The public interest is served by the
participation of the former official.
A. With respect to appearances or communications in a
proceeding in which the court or agency has issued a final
order, decree, decision, or judgment but has retained
jurisdiction if the local government agency that formerly
employed the official gives consent by making both of the
following determinations:
(1) At least five years has elapsed since the
termination of the former official's employment or term
of office; and,
(2) The public interest will not be harmed.
1. Provides that the restrictions of this bill do not apply to
any person who left government service before the effective
date of this bill.
2. Defines "local administrative official," for the purposes of
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this bill, to mean every member, officer, employee, or
consultant of a local government agency who as a part of
his/her official responsibilities engages in any judicial,
quasi-judicial, or other proceeding in other than a purely
clerical, secretarial, or ministerial capacity.
Background
"Revolving door" restrictions . Existing law restricts the
post-governmental activities of certain former public officials.
These restrictions are commonly known as a "revolving door
ban." There are two main types of revolving door restrictions
in the PRA that may apply to former public officials.
A one-year ban prohibits certain officials, 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 that
involve the making of general rules (such as regulations or
legislation), or to influence certain proceedings involving a
permit, license, contract, or transaction involving the sale or
purchase of property or goods. Members of the Legislature,
members of state boards and commissions with decision-making
authority, local elected officials, and individuals who manage
public investments are examples of people who are subject to the
one-year ban. (A related, but slightly different, one-year ban
applies to former air pollution control district and air quality
management district members.) When originally adopted, this
one-year ban applied primarily to former state employees, but
subsequent legislation also made the one-year ban applicable to
specified former local officials.
The second main 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 aiding, advising,
counseling, 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
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rules.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Annual costs of approximately $140,000 to the Fair Political
Practices Commission (General Fund).
The Fair Political Practices Commission anticipates the need for
one Attorney III position for advising, updating manuals,
trainings webinars, and regulations.
ASSEMBLY FLOOR : 73-1, 4/24/14
AYES: Achadjian, Alejo, Ammiano, Atkins, Bloom, Bocanegra,
Bonilla, Bonta, Bradford, Brown, Buchanan, Ian Calderon,
Campos, Chau, Ch�vez, Chesbro, Conway, Cooley, Dababneh,
Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox, Frazier,
Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell,
Grove, Hagman, Hall, Roger Hern�ndez, Holden, Jones,
Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein,
Medina, Melendez, Mullin, Muratsuchi, Nestande, Olsen, Pan,
Patterson, Perea, V. Manuel P�rez, Quirk, Quirk-Silva, Rendon,
Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting, Wagner,
Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, John A.
P�rez
NOES: Bigelow
NO VOTE RECORDED: Allen, Gray, Harkey, Mansoor, Nazarian,
Vacancy
RM:k 8/15/14 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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