Bill Text: CA AB1955 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Local government: compensation.

Spectrum: Moderate Partisan Bill (Democrat 9-1)

Status: (Engrossed - Dead) 2010-08-31 - Withdrawn from committee. Ordered to third reading. Read third time. Urgency clause refused adoption. (Ayes 15. Noes 19. Page 5098.) Motion to reconsider made by Senator Florez. Reconsideration granted. (Ayes 37. Noes 0. Page 5099.) [AB1955 Detail]

Download: California-2009-AB1955-Amended.html

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BILL NUMBER: AB 1955	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 23, 2010
	AMENDED IN ASSEMBLY  APRIL 12, 2010
	AMENDED IN ASSEMBLY  MARCH 18, 2010

INTRODUCED BY   Assembly Member De La Torre

                        FEBRUARY 17, 2010

   An act to amend Section 1099 of the Government Code,   and
to add Section 33207 to the Health and Safety Code, 
relating to public officers.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1955, as amended, De La Torre. Public officers: incompatible
offices. 
   (1) Existing 
    Existing  law prohibits a public officer, including, but
not limited to, an appointed or elected member of a governmental
board, commission, committee, or other body, from simultaneously
holding 2 incompatible public offices, as specified.
   This bill would provide  additional circumstances
  examples of situations  when 2 public offices are
incompatible  ,   and specify when a member holds an
office that may exercise powers over another office, as provided
 . 
   (2) The Community Redevelopment Law authorizes the establishment
of redevelopment agencies in communities in order to address the
effects of blight in those communities. A legislative body that
declares a need for an agency may either appoint members of the
agency or declare itself to be the agency.  
   This bill would provide that the members of a legislative body who
simultaneously serve on an agency and the legislative body that has
declared itself to be the agency shall not be deemed to be holding
incompatible offices. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 1099 of the  
Government Code   is amended to read: 
   1099.  (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) Examples of situations in which public offices are
incompatible under subdivision (a) include, but are not limited to,
the following:  
   (1) An office has the power of eminent domain over property that
is under the geographic jurisdiction of the other office.  
   (2) An office has the power to set a fee or a rate or to impose a
tax or a levy that may directly or indirectly affect the other
office.  
   (b) 
    (c)  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) 
    (d)  This section does not apply to a position of
employment, including a civil service position. 
   (d) 
    (e)  This section shall not apply to a governmental body
that has only advisory powers. 
   (e) 
    (f)  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. 
   (g) For purposes of subdivisions (a) and (b), a member of a
multimember body holds an office that may exercise powers over
another office when the body has power over the other office or over
a multimember body that includes the other office.  
   (f) 
    (h)  This section codifies the common law rule
prohibiting an individual from holding incompatible public offices.

  SECTION 1.    Section 1099 of the Government Code
is amended to read:
   1099.  (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.
   (4) Both public entities in which the offices exist have the power
of eminent domain in an area in which the geographic jurisdictions
of each office or body overlap.
   (5) Either public entity in which an office exists has the power
to set a fee or a rate or to impose a tax or a levy that may directly
or indirectly affect the other office or body.
   (6) Either public entity in which an office exists has the
authority to investigate, monitor, or sue the other office or body.
   (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. 

  SEC. 2.    Section 33207 is added to the Health
and Safety Code, to read:
   33207.  The members of a legislative body who simultaneously serve
on the agency for which the legislative body has declared itself to
be the agency pursuant to Section 33220 shall not be deemed to be
holding incompatible offices for purposes of Section 1099 of the
Government Code.