Bill Text: CA SB991 | 2023-2024 | Regular Session | Amended
Bill Title: School districts: Los Angeles Unified School District: inspector general.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2024-08-19 - Read second time. Ordered to third reading. [SB991 Detail]
Download: California-2023-SB991-Amended.html
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Amended
IN
Assembly
June 17, 2024 |
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Amended
IN
Senate
April 04, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 991
| Introduced by Senator Gonzalez |
January 31, 2024 |
An act to amend Section 35400 of, and to add Section 35400.5 to, the Education Code, relating to school districts.
LEGISLATIVE COUNSEL'S DIGEST
SB 991, as amended, Gonzalez.
School districts: Los Angeles Unified School District: inspector general.
(1) Existing law, until January 1, 2025, authorizes the Los Angeles Unified School District’s Inspector General of the Office of the Inspector General to conduct audits and investigations, as specified, including administering oaths or affirmations. Existing law makes it a misdemeanor, punishable as specified, for a person, after the administration of an oath or affirmation by the inspector general, to state or affirm as true any material matter that they know to be false. Existing law requires the inspector general to submit to the Legislature annual interim reports and a final cumulative report.
This bill would extend the authority of the inspector general of the Los Angeles Unified School District indefinitely. By extending the operation of a crime, the bill would impose a state-mandated local program. The bill would
require the inspector general to instead submit an annual report to the Legislature on or before July 1 of each year. The bill would expressly require the inspector general to be appointed by the Board of Education of the Los Angeles Unified School District for a term of 3 years, subject to the terms of the inspector general’s employment contract, and would require the Office of the Inspector General’s audits, investigations, inspections, and reviews General to conform to the Principles and Standards for Offices of Inspector General. General and would require audits performed by the Office of the Inspector General to be conducted in accordance with
generally accepted auditing standards, as provided.
(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 no reimbursement is required by this act for a specified reason.
(3) This bill would make legislative findings and declarations as to the necessity of a special statute for the Los Angeles Unified School District.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 35400 of the Education Code is amended to read:35400.
(a) The Los Angeles Unified School District’s Inspector General of the Office of the Inspector General may conduct audits and investigations. The inspector general may subpoena witnesses, administer oaths or affirmations, take testimony, and compel the production of all information, documents, reports, answers, records, accounts, papers, and other data and documentary evidence deemed material and relevant and that reasonably relate to the inquiry or investigation undertaken by the inspector general when the inspector general has a reasonable suspicion that a law, regulation, rule, or school district policy has been violated or is being violated. For purposes of this section, “reasonable suspicion” means that the circumstances known or apparent to the inspector general include specific and articulable facts causing the inspector general to suspect that a material violation of law, regulation, rule, or school district policy has occurred or is occurring, and that the facts would cause a reasonable officer in a like position to suspect that a material violation of a law, regulation, rule, or school district policy has occurred or is occurring.(b) Subpoenas shall be served in the manner provided by law for service of summons. A subpoena issued pursuant to this section may be subject to challenge pursuant to Chapter 2 (commencing with Section 1985) of Title 3 of Part 4 of the Code of Civil Procedure.
(c) For purposes of this section, Sections 11184, 11185, 11186, 11187, 11188, 11189, 11190, and 11191 of the Government Code shall
apply to the subpoenaing of witnesses and documents, reports, answers, records, accounts, papers, and other data and documentary evidence as if the investigation was being conducted by a state department head, except that the applicable court for resolving motions to compel or motions to quash shall be the Superior Court for the County of Los Angeles.
(d) Notwithstanding any other law, a person who, after the administration of an oath or affirmation pursuant to this section, states or affirms as true any material matter that the person knows to be false is guilty of a misdemeanor punishable by imprisonment in a county jail not to exceed six months or by a fine not to exceed five thousand dollars ($5,000), or by both that fine and imprisonment for the first offense. Any subsequent violation shall be punishable by imprisonment in a county jail not to
exceed one year or by a fine not to exceed ten thousand dollars ($10,000), or by both that fine and imprisonment.
(e) (1) The inspector general shall submit to the Legislature, on or before July 1 of each year, an annual report on all of the following:
(A) The use and effectiveness of the subpoena power authorized by this section in the successful completion of the inspector general’s duties.
(B) Any use of the subpoena power in which the issued subpoena was quashed, including the basis for the court’s order.
(C) Any referral to the local district attorney or the Attorney General where the district attorney or Attorney General declined to
investigate the matter further or declined to prosecute.
(2) A report to be submitted to the Legislature pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.
SEC. 2.
Section 35400.5 is added to the Education Code, to read:35400.5.
(a) The inspector general shall be appointed by the Board of Education of the Los Angeles Unified School District for a term of three years, subject to the terms of the inspector general’s employment contract.(b) Audits, investigations, inspections, and reviews conducted by the Office of the Inspector General (1) The inspector general shall conform to the Principles and Standards for Offices of Inspector General, published by the Association of Inspectors General.
(2) Audits performed by the inspector general shall be conducted in accordance with generally accepted auditing standards, including either the Generally Accepted Government Auditing Standards issued by the Comptroller General of the United States, or the International Standards for the Professional Practice of Internal Auditing issued by The Institute of Internal Auditors.
