Bill Text: CA AB913 | 2013-2014 | Regular Session | Amended

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

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Bill Title: Charter schools.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2014-09-30 - Vetoed by Governor. [AB913 Detail]

Download: California-2013-AB913-Amended.html

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BILL NUMBER: AB 913	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 29, 2013
	AMENDED IN ASSEMBLY  MARCH 12, 2013

INTRODUCED BY   Assembly Member Chau

                        FEBRUARY 22, 2013

   An act to add Section 47604.1 to the Education Code, and to amend
Section 1091 of the Government Code, relating to charter schools.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 913, as amended, Chau. Charter schools.
   (1) The Ralph M. Brown Act requires that all meetings of a
legislative body, as defined, of a local agency be open and public
and all persons be permitted to attend unless a closed session is
authorized. The Bagley-Keene Open Meeting Act requires, with
specified exceptions, that all meetings of a state body be open and
public and all persons be permitted to attend.
   This bill would expressly state that a charter school is subject
to the Ralph M. Brown Act, unless it is operated by an entity
governed by the Bagley-Keene Open Meeting Act, in which case the
charter school would be subject to the Bagley-Keene Open Meeting Act.

   (2) The California Public Records Act requires state and local
agencies to make their records available for public inspection and to
make copies available upon request and payment of a fee unless the
records are exempt from disclosure.
   This bill would expressly state that a charter school is subject
to the California Public Records Act.
   (3) Existing law prohibits certain public officials, including,
but not limited to, members of governing boards of school districts
and citizens' oversight committees, from engaging in specified
activities that are inconsistent or incompatible with, or inimical
to, their duties as public officials, including, but not limited to,
entering into a contract in which the official or the official's
family member has a financial interest, as specified.
   This bill would expressly state that a charter school is subject
to these provisions.
   (4) The Political Reform Act of 1974 requires every state agency
and local governmental agency to adopt a conflict-of-interest code,
formulated at the most decentralized level possible, that requires
designated employees of the agency to file statements of economic
interest disclosing any investments, business positions, interests in
real property, or sources of income that may foreseeably be affected
materially by any governmental decision made or participated in by
the designated employee by virtue of his or her position.
   This bill would expressly state that a charter school is subject
to the Political Reform Act of 1974.
   (5) This bill would state various exceptions and clarifications
regarding the applicability of the acts described above in paragraphs
(1) to (4), inclusive.
   (6) Existing law requires a member of the governing board of a
school district to abstain from voting on personnel matters that
uniquely affect a relative of the member.
   This bill would provide that an employee of a charter school is
not disqualified from serving as a member of the governing body of
the charter school because of that employment status. The bill would
require a member of the governing body of a charter school to abstain
from voting on, or influencing or attempting to influence another
member of that body regarding, any matter affecting his or her own
employment or any personnel matter that uniquely affects a relative
of the member.
   The bill would provide that a person who provides a loan to a
charter school due to a school fiscal emergency, or who leases, or
signs a guarantor agreement relative to the lease of, real property
to be occupied by a charter school, is not disqualified because of
that loan, lease, or guarantor agreement from also serving as a
member of the governing body of the charter school or being an
employee of the charter school and would require that person to
abstain from voting on, or influencing or attempting to influence
another member of that body regarding, all matters affecting the loan
agreement or the real property lease agreement, as applicable.
   (7) This bill would make these provisions operative on July 1,
2014.
   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.  It is the intent of the Legislature in enacting this
act to do all of the following:
   (a) Establish conflict-of-interest policies for the governing body
of charter schools that mirror existing conflict-of-interest
policies followed by the governing board of school districts.
   (b) Provide transparency in the operations of the many charter
schools that are providing quality educational options for parents
and pupils and renew the faith of parents and the community that
their local charter school is acting in the best interests of pupils.

   (c) Continue to provide greater autonomy to charter schools than
traditional public schools and provide greater transparency to
parents and the public with regard to the use of public funds by the
governing body of charter schools for the educational benefit of
their pupils.
   (d) Establish standards and procedures consistent with the Charter
Schools Act of 1992 to avoid conflicts of interest in charter
schools.
  SEC. 2.  Section 47604.1 is added to the Education Code, to read:
   47604.1.  (a) A charter school is subject to all of the following:

   (1) (A) The Ralph M. Brown Act (Chapter 9 (commencing with Section
54950) of Part 1 of Division 2 of Title 5 of the Government Code),
except that a charter school operated by an entity governed by the
Bagley-Keene Open Meeting Act (Article 9 (commencing with Section
11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the
Government Code) is subject to the Bagley-Keene Open Meeting Act
regardless of the authorizing entity.
   (B) A council or schoolsite advisory committee, as referenced in
subdivision (b) of Section  25147   35147 
, of a charter school is subject to the requirements of subdivisions
(c) and (d) of Section 35147.
   (2) The California Public Records Act (Chapter 3.5 (commencing
with Section 6250) of Division 7 of Title 1 of the Government Code).
   (3) Article 4 (commencing with Section 1090) of Chapter 1 of
Division 4 of Title 1 of the Government Code.
   (4) The Political Reform Act of 1974 (Title 9 (commencing with
Section 81000) of the Government Code). For purposes of Section 87300
of the Government Code, a charter school shall be considered an
agency.
   (b) (1) Notwithstanding Article 4 (commencing with Section 1090)
of Chapter 1 of Division 4 of Title 1 of the Government Code, an
employee of a charter school is not disqualified because of that
employment status from also serving as a member of the governing body
of the charter school. A member of the governing body of a charter
school shall abstain from voting on, or influencing or attempting to
influence another member of the governing body regarding, all matters
uniquely affecting his or her own employment.
   (2) Notwithstanding Article 4 (commencing with Section 1090) of
Chapter 1 of Division 4 of Title 1 of the Government Code, a person
who provides a loan to a charter school due to a school fiscal
emergency is not disqualified, because of that loan agreement, from
also serving as a member of the governing body of the charter school
or from being an employee of the charter school. A member of the
governing body of a charter school who provides a loan as described
in this paragraph shall abstain from voting on, or influencing or
attempting to influence another member of the governing body
regarding, all matters affecting the loan agreement. The loan
agreement shall not disqualify the member from serving on the
governing body of the charter school or the person from being an
employee of the charter school if the governing body of the charter
school, before entering into the loan agreement, declares the
existence of and describes the fiscal emergency by adopting a
resolution at a public meeting of the governing body. The governing
body of the charter school shall disclose and approve the loan
agreement, including the terms of the loan, during a public meeting.
This paragraph shall apply to a member of the governing body or an
employee of the charter school who signs a guarantor agreement
relative to a line of credit, provided that the funds from the line
of credit shall not be accessed until a fiscal emergency is declared
and described as required pursuant to this paragraph.
   (3) Notwithstanding Article 4 (commencing with Section 1090) of
Chapter 1 of Division 4 of Title 1 of the Government Code, a person
who leases real property to be occupied by a charter school or signs
a guarantor agreement relative to the lease of real property to be
occupied by a charter school is not disqualified, because of that
agreement, from also serving as a member of the governing body of the
charter school or from being an employee of the charter school. A
member of the governing body of a charter school who is a lessor or
guarantor as described in this paragraph shall abstain from voting
on, or influencing or attempting to influence another member of the
governing body regarding, all matters affecting the real property
lease agreement. The governing body of the charter school shall
disclose and approve the real property lease agreement, including the
terms of the lease and guarantee, during a public meeting.
   (c) A member of the governing body of a charter school shall
abstain from voting on, or influencing or attempting to influence
another member of the governing body regarding, personnel matters
that uniquely affect a relative of the member but may vote on
collective bargaining agreements and personnel matters that affect a
class of employees to which the relative belongs. For purposes of
this section, "relative" means an adult who is related to the person
by blood or affinity within the third degree, as determined by the
common law, or an individual in an adoptive relationship within the
third degree.
   (d) A person who is disqualified by the California Constitution or
laws of the state from holding a civil office shall not serve on the
governing body of a charter school.
   (e) To the extent that the governing body of a charter school
engages in activities that are not related to the operation of the
charter school, this section does not make those unrelated activities
subject to Section 1090 of the Government Code, the Ralph M. Brown
Act, the Bagley-Keene Open Meeting Act, or the California Public
Records Act. A meeting of the governing body of a charter school to
discuss items related to the operation of the charter school shall
not include discussion of any item regarding an activity of the
governing body that is not related to the operation of the charter
school.
   (f) The governing body of a charter school may meet within the
physical boundaries of the county or counties in which one or more of
the school's facilities are located provided that proper notices
pursuant to the Ralph M. Brown Act or the Bagley-Keene Open Meeting
Act are posted within the physical boundaries of each of the counties
in which any of the school's facilities  is  
are  located. A charter school also may meet in a county
contiguous to the county where one or more of the school's facilities
are located if at least 10 percent of the pupils who are enrolled in
the school reside in that contiguous county. A nonclassroom-based
charter school that does not have a facility may meet within the
boundaries of the county in which the greatest number of pupils who
are enrolled in the school reside. This subdivision  does
  shall  not limit the authority of the governing
body to meet outside these boundaries to the extent authorized by
Section 54954 of the Government Code, provided that the meeting place
is in compliance with Section 54961 of the Government Code.
   (g) The governing body of a charter school may hold closed
sessions to consider a matter regarding pupil discipline as described
in Section 48912.
   (h) A statement of economic interest that is filed by a designated
person at a charter school after the required deadline pursuant to
the Political Reform Act of 1974 shall not be the sole basis for
revocation of a charter pursuant to Section 47607.
   (i) For purposes of this section, "facility" means a charter
school campus, resource center, meeting space, or satellite facility.

   (j) Notwithstanding any other law, this section  does
  shall  not apply to actions taken before the
operative date of this section.
   (k) This section shall become operative on July 1, 2014.
  SEC. 3.  Section 1091 of the Government Code is amended to read:
   1091.  (a) An officer shall not be deemed to be interested in a
contract entered into by a body or board of which the officer is a
member within the meaning of this article if the officer has only a
remote interest in the contract and if the fact of that interest is
disclosed to the body or board of which the officer is a member and
noted in its official records, and thereafter the body or board
authorizes, approves, or ratifies the contract in good faith by a
vote of its membership sufficient for the purpose without counting
the vote or votes of the officer or member with the remote interest.
   (b) As used in this article, "remote interest" means any of the
following:
   (1) That of an officer or employee of a nonprofit entity exempt
from taxation pursuant to Section 501(c)(3) of the Internal Revenue
Code (26 U.S.C. Sec. 501(c)(3)) or a nonprofit corporation, except as
provided in paragraph (8) of subdivision (a) of Section 1091.5.
   (2) (A) That of an employee or agent of the contracting party, if
the contracting party has 10 or more other employees and if the
officer was an employee or agent of that contracting party for at
least three years before the officer initially accepted his or her
office and the officer owns less than 3 percent of the shares of
stock of the contracting party; and the employee or agent is not an
officer or director of the contracting party and did not directly
participate in formulating the bid of the contracting party.
   (B) For purposes of this paragraph, time of employment with the
contracting party by the officer shall be counted in computing the
three-year period specified in this paragraph even though the
contracting party has been converted from one form of business
organization to a different form of business organization within
three years of the initial taking of office by the officer. Time of
employment in that case shall be counted only if, after the transfer
or change in organization, the real or ultimate ownership of the
contracting party is the same or substantially similar to that which
existed before the transfer or change in organization. For purposes
of this paragraph, stockholders, bondholders, partners, or other
persons holding an interest in the contracting party are regarded as
having the "real or ultimate ownership" of the contracting party.
   (3) That of an employee or agent of the contracting party, if all
of the following conditions are met:
   (A) The agency of which the person is an officer is a local public
agency located in a county with a population of less than 4,000,000.

   (B) The contract is competitively bid and is not for personal
services.
   (C) The employee or agent is not in a primary management capacity
with the contracting party, is not an officer or director of the
contracting party, and holds no ownership interest in the contracting
party.
   (D) The contracting party has 10 or more other employees.
   (E) The employee or agent did not directly participate in
formulating the bid of the contracting party.
   (F) The contracting party is the lowest responsible bidder.
   (4) That of a parent in the earnings of his or her minor child for
personal services.
   (5) That of a landlord or tenant of the contracting party.
   (6) That of an attorney of the contracting party or that of an
owner, officer, employee, or agent of a firm that renders, or has
rendered, service to the contracting party in the capacity of
stockbroker, insurance agent, insurance broker, real estate agent, or
real estate broker, if these individuals have not received and will
not receive remuneration, consideration, or a commission as a result
of the contract and if these individuals have an ownership interest
of 10 percent or more in the law practice or firm, stock brokerage
firm, insurance firm, or real estate firm.
   (7) That of a member of a nonprofit corporation formed under the
Food and Agricultural Code or a nonprofit corporation formed under
the Corporations Code for the sole purpose of engaging in the
merchandising of agricultural products or the supplying of water.
   (8) That of a supplier of goods or services when those goods or
services have been supplied to the contracting party by the officer
for at least five years before his or her election or appointment to
office.
   (9) That of a person subject to the provisions of Section 1090 in
any contract or agreement entered into pursuant to the provisions of
the California Land Conservation Act of 1965 (Chapter 7 (commencing
with Section 51200) of Part 1 of Division 1 of Title 5).
   (10) Except as provided in subdivision (b) of Section 1091.5, that
of a director of, or a person having an ownership interest of, 10
percent or more in a bank, bank holding company, or savings and loan
association with which a party to the contract has a relationship of
borrower or depositor, debtor or creditor.
   (11) That of an engineer, geologist, or architect employed by a
consulting engineering or architectural firm. This paragraph applies
only to an employee of a consulting firm who does not serve in a
primary management capacity, and  does   shall
 not apply to an officer or director of a consulting firm.
   (12) That of an elected officer otherwise subject to Section 1090,
in any housing assistance payment contract entered into pursuant to
Section 8 of the United States Housing Act of 1937 (42 U.S.C. Sec.
1437f) as amended, provided that the housing assistance payment
contract was in existence before Section 1090 became applicable to
the officer and will be renewed or extended only as to the existing
tenant, or, in a jurisdiction in which the rental vacancy rate is
less than 5 percent, as to new tenants in a unit previously under a
Section 8 contract. This section applies to any person who became a
public official on or after November 1, 1986.
   (13) That of a person receiving salary, per diem, or reimbursement
for expenses from a government entity.
   (14) That of a person owning less than 3 percent of the shares of
a contracting party that is a for-profit corporation, provided that
the ownership of the shares derived from the person's employment with
that corporation.
   (15) That of a party to litigation involving the body or board of
which the officer is a member in connection with an agreement in
which all of the following apply:
   (A) The agreement is entered into as part of a settlement of
litigation in which the body or board is represented by legal
counsel.
   (B) After a review of the merits of the agreement and other
relevant facts and circumstances, a court of competent jurisdiction
finds that the agreement serves the public interest.
   (C) The interested member has recused himself or herself from all
participation, direct or indirect, in the making of the agreement on
behalf of the body or board.
   (16) That of a person who is an officer or employee of an
investor-owned utility that is regulated by the Public Utilities
Commission with respect to a contract between the investor-owned
utility and a state, county, district, judicial district, or city
body or board of which the person is a member, if the contract
requires the investor-owned utility to provide energy efficiency
rebates or other type of program to encourage energy efficiency that
benefits the public when all of the following apply:
   (A) The contract is funded by utility consumers pursuant to
regulations of the Public Utilities Commission.
   (B) The contract provides no individual benefit to the person that
is not also provided to the public, and the investor-owned utility
receives no direct financial profit from the contract.
   (C) The person has recused himself or herself from all
participation in making the contract on behalf of the state, county,
district, judicial district, or city body or board of which he or she
is a member.
   (D) The contract implements a program authorized by the Public
Utilities Commission.
   (17) That of an employee, or member of the governing body, of a
charter school operating pursuant to Part 26.8 (commencing with
Section 47600) of Division 4 of Title 2 of the Education Code in a
loan agreement with the charter school if the conditions in paragraph
(2) of subdivision (b) of Section 47604.1 of the Education Code are
met, or in a lease or guarantor agreement relative to the lease of
real property to be occupied by the charter school if the conditions
in paragraph (3) of subdivision (b) of Section 47604.1 of the
Education Code are met.
   (c) This section is not applicable to any officer interested in a
contract who influences or attempts to influence another member of
the body or board of which he or she is a member to enter into the
contract.
   (d) The willful failure of an officer to disclose the fact of his
or her interest in a contract pursuant to this section is punishable
as provided in Section 1097. That violation does not void the
contract unless the contracting party had knowledge of the fact of
the remote interest of the officer at the time the contract was
executed.