Bill Text: CA SB106 | 2009-2010 | Regular Session | Amended
Bill Title: Local agencies: ethics training.
Spectrum: Slight Partisan Bill (Democrat 5-2)
Status: (Engrossed - Dead) 2009-08-27 - Set, second hearing. Held in committee and under submission. [SB106 Detail]
Download: California-2009-SB106-Amended.html
BILL NUMBER: SB 106 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 25, 2009
INTRODUCED BY Committee on Local Government (Senators Wiggins
(Chair), Aanestad, Cox, Kehoe, and Wolk)
(Coauthor: Senator Florez)
(Coauthor: Assembly Member Huber)
JANUARY 27, 2009
An act to amend Sections 53234 and 53235.1 of the Government Code,
relating to local government.
LEGISLATIVE COUNSEL'S DIGEST
SB 106, as amended, Committee on Local Government. Local agencies:
ethics training.
Existing law requires all local agency officials to receive
training in ethics, at specified intervals, if the local agency
provides any type of compensation, salary, or stipend to those
officials. Existing law defines "local agency," for these purposes,
to mean a city, county, city and county, charter city,
charter county, charter city and county, or special district.
This bill would include a community college district, county board
of education, and school district in the definition of "local
agency." The bill would also require local agency officials who serve
a community college district, county board of education, or school
district as of January 1, 2010, to receive the ethics
training by required by specified law before
January 1, 2011, and at least every 2 years thereafter, except
as specified.
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 53234 of the Government Code is amended to
read:
53234. For the purposes of this article, the following terms have
the following meanings:
(a) "Legislative body" has the same meaning as specified in
Section 54952.
(b) "Local agency" means a city, county, city and county, charter
city, charter county, charter city and county, special district,
community college district, county board of education, or school
district.
(c) "Local agency official" means the following:
(1) Any member of a local agency legislative body or any elected
local agency official who receives any type of compensation, salary,
or stipend or reimbursement for actual and necessary expenses
incurred in the performance of official duties.
(2) Any employee designated by a local agency governing body to
receive the training specified under this article.
(d) "Ethics laws" include, but are not limited to, the following:
(1) Laws relating to personal financial gain by public servants,
including, but not limited to, laws prohibiting bribery and
conflict-of-interest laws.
(2) Laws relating to claiming perquisites of office, including,
but not limited to, gift and travel restrictions, prohibitions
against the use of public resources for personal or political
purposes, prohibitions against gifts of public funds, mass mailing
restrictions, and prohibitions against acceptance of free or
discounted transportation by transportation companies.
(3) Government transparency laws, including, but not limited to,
financial interest disclosure requirements and open government laws.
(4) Laws relating to fair processes, including, but not limited
to, common law bias prohibitions, due process requirements,
incompatible offices, competitive bidding requirements for public
contracts, and disqualification from participating in decisions
affecting family members.
SEC. 2. Section 53235.1 of the Government Code is amended to read:
53235.1. (a) Each local agency official in local agency service
as of January 1, 2006, except for officials whose term of office ends
before January 9, 2007, shall receive the training required by
subdivision (a) of Section 53235 before January 1, 2007. Thereafter,
each local agency official shall receive the training required by
subdivision (a) of Section 53235 at least once every two years.
(b) In the case of a community college district, county board
of education, or school district, each local agency official
in local agency service as of January 1, 2010, except for officials
whose term of office ends before January 1, 2011, shall receive the
training required by subdivision (a) of Section 53235 before January
1, 2011. Thereafter, each local agency official shall receive the
training required by subdivision (a) of Section 53235 at least once
every two years.
(c) Each local agency official who commences service with a local
agency on or after January 1, 2006, shall receive the training
required by subdivision (a) of Section 53235 no later than one year
from the first day of service with the local agency. Thereafter, each
local agency official shall receive the training required by
subdivision (a) of Section 53235 at least once every two years.
(d) A local agency official who serves more than one local agency
shall satisfy the requirements of this article once every two years
without regard to the number of local agencies with which he or she
serves.
