Today's Law As Amended


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AB-1654 Public employment: disqualification from employment.(2011-2012)



As Amends the Law Today


SECTION 1.

 Section 1021.5 is added to the Government Code, to read:

1021.5.
 (a) If a public employee is convicted of any felony involving accepting or giving, or offering to give, any bribe, the embezzlement of public money, extortion or theft of public money, perjury, or conspiracy to commit any of those crimes arising directly out of his or her official duties as a public employee, he or she shall be disqualified for five years from any public employment, including, but not limited to, employment with a city, county, district, or any other public agency of the state.
(b) The five-year disqualification period described in subdivision (a) shall begin on the later of either of the following:
(1) The date of final conviction.
(2) The date on which the public employee is released from any incarceration.
(c) For purposes of this section, “public employee” means any person employed at will for the purposes of providing services to an elected public officer who takes public office, or is reelected to public office, on or after January 1, 2013.
SEC. 2.
 The Legislature finds and declares that the integrity and fiscal stability of local governmental agencies in this state, including charter cities and charter counties, directly affects the long-term well-being of all the residents of this state. The public perception of efficiency, transparency, and accountability in local governments in California affects the likelihood of businesses locating to or remaining in the state. Therefore, the Legislature finds and declares that to ensure the statewide integrity of state agencies and local agencies, the ability of the state to disqualify from future public service a person who is employed for the purposes of providing services to an elected public officer and who is convicted of a crime related to his or her official duties is an issue of statewide concern and not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this act shall apply to all cities and counties, including charter cities and charter counties.