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SB-76 Local agencies: ethics training.(2007-2008)

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SB76:v96#DOCUMENT

Amended  IN  Senate  May 07, 2007
Amended  IN  Senate  May 01, 2007
Amended  IN  Senate  April 12, 2007

CALIFORNIA LEGISLATURE— 2007–2008 REGULAR SESSION

Senate Bill
No. 76

Introduced  by  Senator Florez

January 17, 2007

An act to amend Section 53234 Sections 53234 and 53235.1 of the Government Code, relating to local government.


LEGISLATIVE COUNSEL'S DIGEST


SB 76, as amended, Florez. 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 that official. 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 school districts in the definition of “local agency,” and would define “governing body,” for purposes of these provisions. The bill would also require local agency officials who serve a school district as of January 1, 2008, to receive ethics training by January 1, 2009, and at least every 2 years thereafter, except as specified.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   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) “Governing body” means the board of supervisors, in the case of a county or a city and county, the city council or board of trustees, in the case of a city, the board of directors or the governing body, in the case of a special district, or the board of school trustees, community college board of trustees, city, or city and county board of education education, in the case of a school district.
(b) “Legislative body” has the same meaning as specified in Section 54952.
(c) “Local agency” means a city, county, city and county, charter city, charter county, charter city and county, school district, or special district.
(d) “Local agency official” means the following:
(1) Any member of a local agency governing body, 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.
(e) “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 school district, each local agency official in local agency service as of January 1, 2008, except for officials whose term of office ends before January 1, 2009, shall receive the training required by subdivision (a) of Section 53235 before January 1, 2009. Thereafter, each local agency official shall receive the training required by subdivision (a) of Section 53235 at least once every two years.

(b)

(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.

(c)

(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.