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AB-2628 County employees’ retirement: Orange County. (2013-2014)

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CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Assembly Bill
No. 2628

Introduced by Assembly Member Mansoor
(Coauthors: Assembly Members Allen, Hagman, and Harkey)
(Coauthors: Senators Correa and Walters)

February 21, 2014

An act to add Section 31520.13 to the Government Code, relating to county employees’ retirement.


LEGISLATIVE COUNSEL'S DIGEST


AB 2628, as introduced, Mansoor. County employees’ retirement: Orange County.
The County Employees Retirement Law of 1937 (CERL) prescribes the membership composition requirements for boards of retirement in counties that are subject to certain provisions regarding safety members. CERL requires the retirement boards in these counties to be comprised of 9 members and one alternate member, as specified. CERL requires the 4th, 5th, 6th, and 9th members to be qualified electors of the county who are not connected with the county government, except that one may be a member of the county board of supervisors. The California Constitution prohibits modification of the composition of certain public retirement boards that include elected employee members without ratification by the electors of the jurisdiction in which the participants of the system are employed.
This bill would permit the Board of Supervisors of Orange County, by resolution adopted by majority vote, to appoint an alternate member for the 4th, 5th, 6th, or 9th member of the board of retirement. The bill would require that the alternate member be a qualified elector of the county who is not connected with the county government in any capacity. The bill would require the alternate member to have the same term of office as the 9th member, would permit the alternate member to vote only if the 4th, 5th, 6th, or 9th member is absent from a board meeting, and would require the alternate member to fill a vacancy with respect to those members until a successor qualifies. The bill would entitle the alternate member to compensation equal to his or her counterparts for attendance without regard to whether he or she is a voting member and would generally provide the alternate member with the same rights, privileges, and responsibilities as his or her counterparts. The bill would permit the alternate member to hold positions on committees and participate in deliberations independent of his or her counterparts. The bill would prohibit the alternate member from serving until service of this type is approved by a majority of the electors in the county.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 31520.13 is added to the Government Code, immediately following Section 31520.12, to read:

31520.13.
 (a) Notwithstanding Section 31520.1, and subject to the limitations of subdivision (d), the board of supervisors may, by resolution adopted by majority vote, appoint an alternate member for the fourth, fifth, sixth, and ninth members. The alternate member shall be a qualified elector of the county who is not connected with the county government in any capacity. The term of office of the alternate member shall run concurrently with the term of office of the ninth member. The alternate member shall vote as a member of the board only in the event that the fourth, fifth, sixth, or ninth member is absent for any cause. If there is a vacancy with respect to the fourth, fifth, sixth, or ninth member, the alternate member shall fill that vacancy until a successor qualifies.
(b) The alternate member for the fourth, fifth, sixth, or ninth member shall be entitled to the same compensation as the fourth, fifth, sixth, or ninth member for attending a meeting, pursuant to Section 31521, whether or not the fourth, fifth, sixth, or ninth member attends the meeting.
(c) The alternate member for the fourth, fifth, sixth, or ninth member shall be entitled to both of the following:
(1) The alternate member for the fourth, fifth, sixth, or ninth member shall have the same rights, privileges, responsibilities, and access to closed sessions as the fourth, fifth, sixth, or ninth member.
(2) The alternate member for the fourth, fifth, sixth, or ninth member may hold positions on committees of the board independent of the fourth, fifth, sixth, or ninth member and may participate in the deliberations of the board or any of its committees to which the fourth, fifth, sixth, or ninth member has been appointed whether or not the fourth, fifth, sixth, or ninth member is present.
(d) The alternate member appointed pursuant to subdivision (a) shall not serve as an alternate member for the fourth, fifth, sixth, or ninth member unless service by an alternate member for an appointed member is approved by the majority of the electors in the county.
(e) This section shall apply only to Orange County.