Bill Text: CA AB1025 | 2017-2018 | Regular Session | Amended
Bill Title: Incompatible public offices.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2018-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1025 Detail]
Download: California-2017-AB1025-Amended.html
|
Amended
IN
Assembly
April 20, 2017 |
| Assembly Bill | No. 1025 |
| Introduced by Assembly Member Rubio |
February 16, 2017 |
LEGISLATIVE COUNSEL'S DIGEST
(1)Existing law establishes a system of public elementary schools in this state. Under this system, local educational agencies throughout the state provide instruction in kindergarten and grades 1 to 6, inclusive, at the elementary schools they operate and maintain.
This bill, commencing with the 2019–20 school year, would prohibit the average class enrollment for each schoolsite in kindergarten and grades 1 to 5, inclusive, excluding charter schools, from exceeding 24 pupils. To the extent that this provision would create new duties for local educational agencies, it would constitute 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1099 of the Government Code is repealed.(a) A public officer, including, but not limited to, an appointed or elected member of a governmental board, commission, committee, or other body, shall not simultaneously hold two public offices that are incompatible. Offices are incompatible when any of the following circumstances are present, unless simultaneous holding of the particular offices is compelled or expressly authorized by law:
(1)Either of the offices may audit, overrule, remove members of, dismiss employees of, or exercise supervisory powers over the other office or body.
(2) Based on the powers and jurisdiction of the offices, there is a possibility of a significant clash of duties or loyalties between the offices.
(3)Public policy considerations make it improper for one person to hold both offices.
(b)When two public offices are incompatible, a public officer shall be deemed to have forfeited the first office upon acceding to the second. This provision is enforceable pursuant to Section 803 of the Code of Civil Procedure.
(c)This section does not apply to a position of employment, including a civil service position.
(d)This section shall not apply to a governmental body that has only advisory powers.
(e)For purposes of paragraph (1) of subdivision (a), a member of a multimember body holds an office that may audit, overrule, remove members of, dismiss employees of, or exercise supervisory powers over another office when the body has any of these powers over the other office or over a multimember body that includes that other office.
(f)This section codifies the common law rule prohibiting an individual from holding incompatible public offices.
Notwithstanding any other law, commencing with the 2019–20 school year, the average class enrollment for each schoolsite in kindergarten and grades 1 to 5, inclusive, excluding charter schools, shall not exceed 24 pupils.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
