Bill Text: CA SR45 | 2013-2014 | Regular Session | Introduced

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

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Bill Title: Relative to the Standards of Conduct of the Senate

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2014-06-09 - Read. Adopted. (Ayes 35. Noes 1. Page 3783.) [SR45 Detail]

Download: California-2013-SR45-Introduced.html

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BILL NUMBER: SR 45	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senators Steinberg and De León

                        MAY 14, 2014

   Relative to the Standards of Conduct of the Senate.


	LEGISLATIVE COUNSEL'S DIGEST
             HOUSE OR SENATE RESOLUTIONS DO NOT CONTAIN A DIGEST



   WHEREAS, Public office is a public trust; and
   WHEREAS, That trust is eroded by actions that appear to place the
private interests of public officials above the public good; and
   WHEREAS, The proper operation of democratic government requires
that public officials be independent and impartial, that government
policy and decisions be made through the established processes of
government, that public officials not use public office to obtain
personal benefits, that public officials avoid actions that create
the appearance of using public office to obtain a personal benefit,
and that the public have confidence in the integrity of its
government and public officials; and
   WHEREAS, In pursuit of these goals; now, therefore, be it
   Resolved by the Senate of the State of California, That the
Standards of Conduct of the Senate are as follows:
   First--Each Senator shall conduct himself or herself so as to
justify the high trust reposed in him or her by the people and to
promote public confidence in the integrity of the Senate.
   Second--A Senator or officer or employee of the Senate shall not
engage in unethical conduct or tolerate such conduct by others. Each
Senator and each officer or employee of the Senate has a
responsibility to report any apparent and substantial violation of
these standards and to consult with the Senate Committee on
Legislative Ethics or, at the option of the individual, the Senate
ombudsperson regarding the propriety of any conduct that may violate
these standards. Moreover, a Senator or officer or employee of the
Senate shall not retaliate against a person who reports a possible
violation of these standards or consults about conduct that may
violate these standards, or against a person who the Senator,
officer, or employee believes made such a report.
   Third--Each Senator and each officer or employee of the Senate has
an obligation to exercise his or her independent judgment on behalf
of the people of California, rather than for personal gain or private
benefit.
   (a) A Senator or officer or employee of the Senate shall not seek
or accept anything from anyone that would interfere with the exercise
of his or her independent judgment.
   (b) A Senator or officer or employee of the Senate shall not
accept outside employment that is inconsistent with the conscientious
performance of his or her duties.
   (c) A Senator shall not use the prestige of his or her office, and
an officer or employee of the Senate shall not use the status of his
or her position, for material or financial gain or private benefit.
   Fourth--Each Senator has an obligation to provide energetic and
diligent representation, and each officer or employee of the Senate
has an obligation to provide energetic and diligent service on behalf
of the Senate, with due consideration for the interests of all of
the people of California.
   (a) Each Senator and each officer or employee of the Senate has an
obligation to be informed and prepared, recognizing all sides of an
issue.
   (b) Each Senator and each officer or employee of the Senate, when
intervening on behalf of a constituent with any governmental agency,
shall make every effort to ensure that decisions affecting any
constituent are made on their merits and in a fair and equitable
manner.
   (c) Each Senator shall be accessible to all constituents, making a
special effort to attend to the concerns of those who might not
otherwise be heard.
   (d) Each Senator shall fairly characterize the issues confronting
the Legislature and accurately inform the public regarding the
conduct of his or her office.
   Fifth--Each Senator and each officer or employee of the Senate has
an obligation to the public and to his or her colleagues to be
informed about, and abide by, the rules that govern the proceedings
of the Senate and the Legislature.
   (a) Each Senator shall perform his or her duties with courtesy and
respect for both colleagues and those who may appear before the
Senate.
   (b) In exercising the power of confirmation, each Senator shall
act with due regard for the general welfare of the people of
California.
   (c) Each Senator and each officer or employee of the Senate, when
exercising oversight functions with respect to any governmental
agency, shall act in an informed fashion, with attention to the
underlying policies being implemented and with due respect for the
independence of the agency.
   Sixth--Each Senator, and each officer or employee of the Senate,
acting in a position of leadership shall exercise his or her power
and carry out his or her responsibility so as to enhance reasoned and
visible decision-making by the Senate.
   Seventh--Each Senator has an obligation to treat each officer or
employee of the Senate with fairness and without discrimination, and
to ensure that each officer or employee performs only those tasks for
which there is a legislative or governmental purpose.
   Eighth--Each officer or employee of the Senate has an obligation
to perform his or her properly assigned duties using his or her best
judgment with diligence and a duty of loyalty to the Senate as an
institution.
   Ninth--Each Senator and each officer or employee of the Senate has
an obligation to make proper use of public funds.
   (a) A Senator or an officer or employee of the Senate shall not
use state resources for personal or campaign purposes.
   (b) Each officer or employee of the Senate is free to volunteer
for, and participate in, campaign activities on his or her own time,
but an officer or employee of the Senate shall not be intimidated,
coerced, or compelled, as a condition of continued appointment or
employment, to either volunteer time or contribute money to a
candidate or campaign.
   (c) A Senator or an officer or employee of the Senate shall not
discuss legislative business of any kind while attending or hosting
an event at which campaign funds or contributions are solicited,
provided, or discussed.
   Tenth--Each Senator and each officer or employee of the Senate
shall uphold the Constitution of California and the Constitution of
the United States, and shall adhere to the spirit and the letter of
the laws, rules, and regulations governing officeholder conduct.
   Eleventh--Each Senator and each officer or employee of the Senate
shall conduct himself or herself in the performance of his or her
duties in a manner that does not discredit the Senate.
   Twelfth--Each Senator and each officer or employee of the Senate
is expected to report to the proper authority any apparent and
substantial violation of these standards or related statutes,
regulations, or rules, and to consult with the Senate ombudsperson,
the Senate Committee on Legislative Ethics, or any other appropriate
governmental agency regarding the propriety of any conduct that may
violate these standards.