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AB-11 Local agency legislative bodies: compensation.(2005-2006)

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AB11:v94#DOCUMENT

Assembly Bill No. 11
CHAPTER 178

An act to amend Section 36516 of the Government Code, to amend Section 34130 of, and to add Section 34130.5 to, the Health and Safety Code, relating to local agency legislative bodies.

[ Approved by Governor  September 06, 2005. Filed with Secretary of State  September 06, 2005. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 11, De La Torre. Local agency legislative bodies: compensation.
Existing law specifies the procedures for setting the compensation of city council members and establishes a compensation schedule based on city population.
This bill would prohibit a city council from authorizing compensation for any of its members for any purpose in an amount exceeding the existing schedules unless that additional compensation is authorized by statute. It also would provide that, unless otherwise specified by another statute, an elected member of a city council who serves on a commission, committee, board, authority, or similar body that is created by, or is under the jurisdiction of, a city council shall not receive compensation for that service in excess of $150 per month for each commission, committee, board, authority, or similar body upon which the member serves. It would specify that any amount reimbursed for actual and necessary expenses, including traveling expenses, shall not be considered compensation for this purpose.
Existing law requires the legislative body of each community that has declared by ordinance that there is a need for the community development commission to function in that community to establish and provide the terms, compensation, and removal of commissioners.
This bill would provide that if that ordinance declares that need only with respect to a redevelopment agency the compensation of commissioners shall not exceed $75 per meeting of the commission attended, not to exceed 2 meetings per calendar month. If the ordinance declares the need for the commission to function with respect to a redevelopment agency and a housing authority, the compensation shall not exceed $150 for a commissioner per commission meeting attended, not to exceed 2 meetings per calendar month.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 36516 of the Government Code is amended to read:

36516.
 (a) A city council may enact an ordinance providing that each member of the city council shall receive a salary, the amount of which shall be determined by the following schedule:
(1) In cities up to and including 35,000 in population, up to and including three hundred dollars ($300) per month;
(2) In cities over 35,000 up to and including 50,000 in population, up to and including four hundred dollars ($400) per month;
(3) In cities over 50,000 up to and including 75,000 in population, up to and including five hundred dollars ($500) per month.
(4) In cities over 75,000 up to and including 150,000 in population, up to and including six hundred dollars ($600) per month.
(5) In cities over 150,000 up to and including 250,000 in population, up to and including eight hundred dollars ($800) per month.
(6) In cities over 250,000 population, up to and including one thousand dollars ($1,000) per month.
For the purposes of this section the population shall be determined by the last preceding federal census, or a subsequent census, or estimate validated by the Department of Finance.
(b) At any municipal election, the question of whether city council members shall receive compensation for services, and the amount of compensation, may be submitted to the electors. If a majority of the electors voting at the election favor it, all of the council members shall receive the compensation specified in the election call. Compensation of council members may be increased beyond the amount provided in this section or decreased below the amount in the same manner.
(c) Compensation of council members may be increased beyond the amount provided in this section by an ordinance or by an amendment to an ordinance but the amount of the increase may not exceed an amount equal to 5 percent for each calendar year from the operative date of the last adjustment of the salary in effect when the ordinance or amendment is enacted. No salary ordinance shall be enacted or amended which provides for automatic future increases in salary.
(d) Unless specifically authorized by another statute, a city council may not enact an ordinance providing for compensation to city council members in excess of that authorized by the procedures described in subdivisions (a) to (c), inclusive. For the purposes of this section, compensation includes payment for service by a city council member on a commission, committee, board, authority, or similar body on which the city council member serves. If the other statute that authorizes the compensation does not specify the amount of compensation, the maximum amount shall be one hundred fifty dollars ($150) per month for each commission, committee, board, authority, or similar body.
(e) Any amounts paid by a city for retirement, health and welfare, and federal social security benefits shall not be included for purposes of determining salary under this section provided the same benefits are available and paid by the city for its employees.
(f) Any amounts paid by a city to reimburse a council member for actual and necessary expenses pursuant to Section 36514.5 shall not be included for purposes of determining salary pursuant to this section.

SEC. 2.

 Section 34130 of the Health and Safety Code is amended to read:

34130.
 (a) When the legislative body adopts an ordinance declaring the need for a commission, the mayor or chairman of the board of supervisors or similar official, with the approval of the legislative body, shall appoint the number of resident electors of the community as commissioners as the legislative body prescribe by ordinance. The legislative body by ordinance may increase or decrease the number of commissioners. The legislative body, except as otherwise expressly provided in subdivision (b), shall establish and provide for the terms, and removal of the commissioners. The legislative body shall provide procedures for appointment or election of the officers of the commission.
(b) Two of the commissioners shall be tenants of the housing authority if the housing authority has tenants. One such tenant commissioner shall be over the age of 62 years if the housing authority has tenants of such age. If the housing authority does not have tenants, the legislative body shall, by ordinance, provide for appointment to the commission of two tenants of the housing authority within one year after the housing authority first does have tenants. The term of any tenant commissioner appointed pursuant to this subdivision shall be two years from the date of appointment. If a tenant commissioner ceases to be a tenant of the housing authority, he shall be disqualified from serving as a commissioner and another tenant of the housing authority shall be appointed to serve the remainder of the unexpired term. A tenant commissioner shall have all the powers, duties, privileges, and immunities of any other commissioner.
(c) Upon the appointment and qualification of a majority of the commissioners, the commission shall be vested with all the powers, duties, and responsibilities of the members of the redevelopment agency and, if the legislative body so elects, the commissioners of the housing authority. Members of the redevelopment agency and commissioners of a housing authority which has been placed under the jurisdiction of the commission shall have no powers, duties, and responsibilities as long as the commission functions.

SEC. 3.

 Section 34130.5 is added to the Health and Safety Code, to read:

34130.5.
 (a) Commissioners shall receive their actual and necessary expenses, including traveling expenses incurred in the discharge of their duties. The legislative body may also provide for other compensation pursuant to either subdivision (b) or (c).
(b) If the ordinance of the legislative body declaring the need for a commission to function within the community declares that need only with respect to a redevelopment agency, the compensation provided by the legislative body shall not exceed seventy‑five dollars ($75) for each commissioner for each meeting of the commission attended by that commissioner. No commissioner shall receive compensation for attending more than two meetings of the commission in any calendar month.
(c) If the ordinance of the legislative body declaring the need for a commission to function within the community declares that need with respect to a redevelopment agency and a housing authority, the compensation provided by the legislative body shall not exceed one hundred fifty dollars ($150) for each commissioner for each meeting of the commission attended by that commissioner. No commissioner shall receive compensation for attending more than two meetings of the commission in any calendar month.