BILL ANALYSIS �
AB 1716
Page 1
GOVERNOR'S VETO
AB 1716 (Garcia)
As Introduced February 13, 2014
2/3 vote
ELECTIONS 6-0 APPROPRIATIONS 15-1
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|Ayes:|Fong, Donnelly, Mullin, |Ayes:|Gatto, Bocanegra, |
| |Hall, Perea, Rodriguez | |Bradford, |
| | | |Ian Calderon, Campos, |
| | | |Donnelly, Eggman, Gomez, |
| | | |Holden, Linder, Pan, |
| | | |Quirk, Ridley-Thomas, |
| | | |Wagner, Weber |
| | | | |
|-----+--------------------------+-----+--------------------------|
| | |Nays:|Bigelow |
| | | | |
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|ASSEMBLY: |73-1 |(April 24, |SENATE: |29-1 |(August 19, |
| | |2014) | | |2014) |
| | | | | | |
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SUMMARY : Makes former local administrative officials subject to
the permanent ban on "switching sides" in a governmental
proceeding that currently applies to state administrative
officials. Specifically, this bill :
1)Prohibits a former local administrative official, after the
termination of his or her employment or term of office, from
doing either of the following for compensation, with certain
exceptions:
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
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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:
i) The former local administrative official's agency is
a party or has a direct and substantial interest; and,
ii) The proceeding is one in which the former local
administrative official participated; or,
b) Aiding, advising, counseling, or assisting in
representing any other person, except the local government
agency, in any proceeding in which the official would be
prohibited from appearing as detailed above.
2)Provides that the restrictions of this bill do not apply to
any person who left government service before the effective
date of this bill.
3)Defines "local administrative official," for the purposes of
this bill, to mean every member, officer, employee, or
consultant of a local government agency who as a 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.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, ongoing General Fund cost of up to $140,000 assuming
the Fair Political Practices Commission (FPPC), which
administers and enforces the Political Reform Act (PRA), would
require up to a full-time attorney position associated with
increased workload.
COMMENTS : 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
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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
rules. This bill would make that permanent ban applicable to
local jurisdictions.
California voters passed an initiative, Proposition 9, in 1974
that created the FPPC and codified significant restrictions and
prohibitions on candidates, officeholders and lobbyists. That
initiative is commonly known as the PRA. Amendments to the PRA
that are not submitted to the voters, such as those contained in
this bill, must further the purposes of the initiative and
require a two-thirds vote of both houses of the Legislature.
Please see the policy committee analysis for a full discussion
of this bill.
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GOVERNOR'S VETO MESSAGE :
"Local governments are currently able to adopt a 'permanent ban'
if so desired. These decisions are best left where they can be
carefully constructed to fit the needs of the local
jurisdiction."
Analysis Prepared by : Ethan Jones / E. & R. / (916) 319-2094
FN: 0005644