Existing law, commonly known as the code of ethics, prohibits a Member of the Legislature or an employee of either house of the Legislature from receiving or agreeing to receive, directly or indirectly, any compensation, reward, or gift from any source except the State of California for any service, advice, assistance, or other matter related to the legislative process, except for specified circumstances. Under existing law, the services of a California Science and Technology Policy Fellow provided by the California Council on Science and Technology and duly authorized by the Senate Committee on Rules, the Assembly Committee on Rules, or the Joint Committee on Rules are
not compensation, a reward, or a gift to a Member of the Legislature for purposes of the code of ethics, and the fellow is not an employee of either house of the Legislature for these purposes, provided that certain requirements are met.
This bill would similarly clarify that the services of
a California Science and Technology Policy Fellow duly authorized by an executed memorandum of understanding between the California Council on Science and Technology and an executive branch agency or department,
as specified, are not a gift for purposes of the Political Reform Act of 1974 and not compensation of a state elective or appointive officer. The bill would also similarly clarify that the fellow is not included in “state civil service” for the purposes of
the State Civil Service Act. The bill would state that these provisions are declaratory of existing law.
Existing law prohibits a Member of the Legislature, state elective or appointive officer, or judge or justice from having any interest, engaging in any business, transaction, or professional activity, or incurring any obligation that is in substantial conflict with the proper discharge of their duties in the public interest and of their responsibilities, as specified.
Under this bill, the services of a California Science and Technology Policy Fellow, as specified, would not be an interest, business, transaction, professional activity, or obligation of a Member of the Legislature, state elective or
appointive officer, judge, or justice that is in substantial conflict with the proper discharge of their duties in the public interest or of their responsibilities.