BILL ANALYSIS �
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THIRD READING
Bill No: AB 1825
Author: Nazarian (D)
Amended: 6/11/14 in Senate
Vote: 21
SENATE EDUCATION COMMITTEE : 6-0, 6/4/14
AYES: Liu, Wyland, Block, Hancock, Huff, Monning
NO VOTE RECORDED: Correa, Vacancy, Vacancy
SENATE APPROPRIATIONS COMMITTEE : 7-0, 6/23/14
AYES: De Le�n, Walters, Gaines, Hill, Lara, Padilla, Steinberg
ASSEMBLY FLOOR : 75-0, 4/24/14 (Consent) - See last page for
vote
SUBJECT : Office of the Inspector General
SOURCE : Los Angeles Unified School District
DIGEST : This bill extends the sunset date of the Los Angeles
Unified School District's (LAUSD's) Office of the Inspector
General by 10 years, from January 1, 2015, to January 1, 2025.
ANALYSIS :
Existing law:
1.Authorizes the LAUSD's Office of Inspector General until
January 1, 2015, to conduct audits and investigations, as
specified, including the ability to subpoena witnesses,
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AB 1825
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administer oaths or affirmations, take testimony, and compel
the production of all information and documentary evidence
deemed material and relevant and that reasonably relate to the
inquiry or investigation undertaken by the Inspector General
when there is reasonable suspicion that a law, regulation,
rule, or district policy has been violated or is being
violated.
2.Provides that "reasonable suspicion" means that the
circumstances known or apparent to the Inspector General
include specific and articulable facts causing him/her to
suspect that a material violation of law, regulation, or
school district policy has occurred or is occurring, and that
the facts would cause a reasonable officer in a similar
position to suspect that a material violation of a law,
regulation, rule, or school district policy has occurred or is
occurring.
3.Provides that any person who, after the administration of an
oath or affirmation, states or affirms as true any material
matter that he/she knows to be false, is a misdemeanor
publishable by imprisonment in a county jail not to exceed six
months or by a fine of up to $5,000 or both for the first
offense, and that each subsequent violation shall be
punishable by imprisonment not to exceed one year or by a fine
of up to $10,000 or both.
4.Requires, the Inspector General to submit annual reports to
the Legislature and a final cumulative report by December 1,
2014, on all of the following:
A. The use and effectiveness of the subpoena power in the
successful completion of the Inspector General's duties;
B. Any use of the subpoena power in which it was quashed,
including the basis for the court's order; and
C. Any referral to the local district attorney or Attorney
General where the district attorney or Attorney General
declined to investigate the matter further or declined to
prosecute.
This bill extends the sunset date of LAUSD's authority to have
an Office of the Inspector General by 10 years, from January 1,
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2015, to January 1, 2025. It also requires an additional
cumulative report in 2025.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
State: This bill has no direct fiscal impact on the state.
LAUSD: Substantial potential costs, to the extent that the
LAUSD chooses to continue the Office of the Inspector General,
and to the extent the district elects to fund the Office.
Potentially substantial local savings, to the extent that
investigations and recoveries are successful or deter waste,
fraud, and abuse.
SUPPORT : (Verified 6/24/14)
Los Angeles Unified School District (source)
ARGUMENTS IN SUPPORT : According to the Los Angeles Unified
School District, the Inspector General's subpoena power may
compel the production of information deemed material and
relevant in situations that the Inspector General has reasonable
suspicion that a law, regulation, rule, or policy has been
violated. This bill ensures the Inspector General maintains its
subpoena power to compel private individuals and entities to
collaborate and ensure that audits and investigations are
conducted in a timely manner. The Los Angeles Unified School
District has indicated that absent the subpoena authority, the
Inspector General could not effectively perform its mission and
would be limited in its efforts to provide law enforcement with
sufficient information to determine if a prosecution should be
pursued.
ASSEMBLY FLOOR : 75-0, 4/24/14
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, 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,
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AB 1825
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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
NO VOTE RECORDED: Gray, Harkey, Mansoor, Nazarian, Vacancy
PQ:e 6/24/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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