AB 1825, as amended, Nazarian. School districts: Los Angeles Unified School District: inspector general.
(1) Existing law, until January 1, 2015, authorizes the Los Angeles Unified School District’s Inspector General of the Office of the Inspector General to conduct audits and investigations, as specified, including administering oaths or affirmations. Existing law makes it a misdemeanor, punishable as specified, for a person, after the administration of an oath or affirmation, to state or affirm as true any material matter that he or she knows to be false. Existing law also requires the inspector general to submitbegin delete an interim report to the Legislature by July 1, 2000,end delete annual interim reports by July 1 of eachbegin delete succeedingend delete year, and a final cumulative report by December 1, 2014, that includes specified
information.
This bill would extendbegin delete that authority of the inspector general of the Los Angeles Unified
School Districtend deletebegin insert the operation of those provisionsend insert until January 1, 2025. The bill wouldbegin delete alsoend delete requirebegin delete the final cumulative report to be submitted byend delete the inspector generalbegin delete to the Legislatureend deletebegin insert to submit to the Legislature an annual interim report by July 1 of each year, and to submit a final cumulative reportend insert by December 1, 2024. By extending the operation of a crime, the bill would impose a state-mandated local program.
(2) 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) This bill would make legislative findings and declarations as to the necessity of a special statute for the Los Angeles Unified School District.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 35400 of the Education Code is amended
2to read:
(a) The Los Angeles Unified School District’s Inspector
4General of the Office of the Inspector General is authorized to
5conduct audits and investigations. The inspector general may
6subpoena witnesses, administer oaths or affirmations, take
7testimony, and compel the production of all information,
8documents, reports, answers, records, accounts, papers, and other
9data and documentary evidence deemed material and relevant and
10that reasonably relate to the inquiry or investigation undertaken
11by the inspector general when he or she has a reasonable suspicion
12that a law, regulation, rule, or school district policy has been
13violated or is being violated. For purposes of this section,
14“reasonable suspicion” means that the circumstances known or
15apparent
to the inspector general include specific and articulable
16facts causing him or her to suspect that a material violation of law,
17regulation, rule, or school district policy has occurred or is
18occurring, and that the facts would cause a reasonable officer in a
19like position to suspect that a material violation of a law, regulation,
20rule, or school district policy has occurred or is occurring.
21(b) Subpoenas shall be served in the manner provided by law
22for service of summons.begin delete Anyend deletebegin insert Aend insert subpoena issued pursuant to this
23section may be subject to challenge pursuant to Chapter 2
24(commencing with Section 1985) of Title 3 of Part 4 of the Code
25of Civil Procedure.
P3 1(c) For purposes of this section, Sections 11184, 11185, 11186,
211187, 11188, 11189, 11190, and 11191 of the Government Code
3shall apply to the subpoenaing of witnesses and documents, reports,
4answers, records, accounts, papers, and other data and documentary
5evidence as if the investigation was being conducted by a state
6department head, except that the applicable court for resolving
7motions to compel or motions to quash shall be the Superior Court
8for the County of Los Angeles.
9(d) Notwithstanding any other law,begin delete anyend deletebegin insert aend insert person who, after the
10administration of an oath or affirmation pursuant to this section,
11
states or affirms as true any material matter that he or she knows
12to be false is guilty of a misdemeanor punishable by imprisonment
13in a county jail not to exceed six months or by a fine not to exceed
14five thousand dollars ($5,000), or by both that fine and
15imprisonment for the first offense. Any subsequent violation shall
16be punishable by imprisonment in a county jail not to exceed one
17year or by a fine not to exceed ten thousand dollars ($10,000), or
18by both that fine and imprisonment.
19(e) begin insert(1)end insertbegin insert end insert The inspector general shall submitbegin delete an interim reportend delete to
20the Legislaturebegin delete by July 1, 2000,end deletebegin insert
anend insert annual interimbegin delete reportsend deletebegin insert reportend insert
21
by July 1 of eachbegin delete succeeding year,end deletebegin insert year,end insert and a final cumulative
22report by December 1, 2024, on all of the following:
21 23(1)
end delete
24begin insert(A)end insert The use and effectiveness of the subpoena power authorized
25by this section in the successful completion of the inspector
26general’s duties.
24 27(2)
end delete
28begin insert(B)end insert Any use of the subpoena power in which the issued subpoena
29was quashed, including the basis for the court’s order.
26 30(3)
end delete
31begin insert(C)end insert Any referral to the local district attorney or the Attorney
32General where the district attorney or Attorney General declined
33to investigate the matter further or declined to prosecute.
34(2) A report
to be submitted to the Legislature pursuant to
35paragraph (1) shall be submitted in compliance with Section 9795
36of the Government Code.
37(f) This article shall remain in effect only until January 1, 2025,
38and as of that date is repealed, unless a later enacted statute, that
39is enacted before January 1, 2025, deletes or extends that date.
No reimbursement is required by this act pursuant to
2Section 6 of Article XIII B of the California Constitution because
3the only costs that may be incurred by a local agency or school
4district will be incurred because this act creates a new crime or
5infraction, eliminates a crime or infraction, or changes the penalty
6for a crime or infraction, within the meaning of Section 17556 of
7the Government Code, or changes the definition of a crime within
8the meaning of Section 6 of Article XIII B of the California
9Constitution.
The Legislature finds and declares that a special law
11is necessary and that a general law cannot be made applicable
12within the meaning of Section 16 of Article IV of the California
13Constitution because of the unique circumstances concerning the
14Los Angeles Unified School District.
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