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HomeMy WebLinkAboutMINUTES - 01172006 - D.2 Scanning Worksheet CCC Clerk Of The Board Pallet number Box number Date processed Number of maps Large Format Non-scan able Prepped by Indexing Information Form Type 1( 4) Date (YYYY-MM-DD) Q-tt6 , —�)4— �, Agenda Item Subject 0 Department Description Indexed by Scanning Information Scanned by Page count Flatbed scanner Yes / No Number of Flatbed Scans: Folder Damage Item Name Description Auditing Information Audit performed by COB Scanning Worksheet Rev 2 TO: BOARD OF SUPERVISORS a=s Contra FROM: JOHN SWEETEN, Costa u COUNTY ADMINISTRATOR DATE: January 17, COO 2006 e 4 County ST'4 -�� SUBJECT: Policy on Expense Reimbursement of Members of Legislative Bodies SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: 1. ADOPT policy regarding expense reimbursement of members of legislative bodies, including members of the Board of supervisors, advisory boards and commissions in compliance with AB 1234 (Salinas) Chapter 700 of 2005, as contained in draft Administrative Bulletin 204.10, Expense reimbursement. 2. DIRECT the County Administrator to promulgate Administrative Bulletin 204.10, Expense Reimbursement. 3. DIRECT the Clerk of the Board to add a section under the consent calendar entitled "Board Member Meeting Reports" on the agenda of the first Board meeting of each month. 4. REQUEST each member of the Board of Supervisors to submit a meeting attendance report at the first Board of Supervisors meeting of each month in accordance with Government Code Section 53232.3(d). 5. REQUEST members of advisory bodies and commissions who attend meetings for which they receive an expense reimbursement to submit meeting attendance reports at the first meeting of each month of the advisory body or commission, or for legislative bodies that meet less frequently, the next scheduled meeting. FISCAL IMPACT: Compliance costs not yet determined. BACKGROUND/REASONS FOR RECOMMENDATION: AB 1234 (Salinas) Chapter 700 of 2005 imposes new requirements on the county and board- governed special districts effective January 1, 2006. The new law requires that the County: • In a public meeting, adopt a written policy on reimbursement of expenses for members of governing boards, advisory bodies and commissions ("members of legislative bodies") including members of the Board of Supervisors; • Ensure that members of legislative bodies are only reimbursed for expenses as permitted by the policy; file expense reports supported by receipts; and make reports on the activities for which they incurred expenses; • Ensure that all current Board of Supervisors members, other legislative body members and elected officials who receive compensation and/or are reimbursed for expenses attend ethics training on specified topics by January 1, 2007, and arrange for subsequent ethics training every two years thereafter; • Annually provide notice of opportunities for ethics training and maintain records of training attendance; and CONTINUED ON ATTACHMENT: X YES SIGNATURE: . COMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD qDp4mE A- PROVE OTHER SIGNATURE(S): I ACTION OF BO ON / APPROVE/AS RECOMMENDED )[ OTHER VOTE OF SUP V SORS.�j i I HEREBY CERTIFY THAT THIS IS A TRUE y LL fAND CORRECT COPY OF AN ACTION TAKEN ./\UNANIMOUS(ABSENT �N ) Gi/r/GI c� � AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE AYES: NOES: SHOWN. ABSENT: ABSTAIN: y� ATTESTED �f `✓/V° / ,d 00,11 CONTACT: Sara Hoffman,Assistant County Administrator JOHN SWEETEN,CLERK BOARb OF SUPERVISORS 335-1090 AND COUNTY ADMINISTRATOR CC: Maryann Mason,Deputy County Counsel Julie Enea,Senior Deputy County Administrator J Department Heads © G Boards and Commissions(via Departments) BY DEPUTY Jane Pennington,Clerk of the Board • For legislative body members who are paid on a per meeting basis, adopt written policy specifying the types of official duties for which compensation may be paid, if any, other than for attendance at a committee meeting or conference or organized educational activity. Reimbursement of Expenses Contra Costa County already substantially complies with many of the new requirements of AB 1234 through its policy on expense reimbursement, as contained in Administrative Bulletin 204.9. Necessary revisions are attached in the draft revised Administrative Bulletin 204.10, Expense Reimbursement (changes annotated). Changes include: ➢ Expanded definition of"discharge of official duties;" ➢ Requirements for use of government rate or group rate for transportation and lodging when available; ➢ Stay at hotels of comparable quality to conference hotel, if conference hotel not available; ➢ Submission of receipts for all expense items, regardless of amount; ➢ Submission of expense reimbursement claims at the end of each month (with claims split into 2 months, if an event spans the end and beginning of two months); and ➢ Monthly reports on meeting attendance. The most significant change of practice required under the new law is the meeting attendance report. Every member of a legislative body must now report on meetings attended for which there has been any expense reimbursement (mileage, meals, lodging, etc). Staff recommends that Board of Supervisors members comply by adopting a standard report format and agendizing such report for the first meeting of each month. A sample meeting attendance report is attached. For advisory boards and commissions, the meeting attendance report format could also be utilized, with provision made for a standing report at the first meeting of the month or the first meeting thereafter. AB1234 also requires that the County provide expense report forms and maintain documents related to reimbursement of expenses as public records. This is the current practice in Contra Costa County. Requirements for Ethics Training With the new law, the County must also provide at least two hours of ethics training every two years for governing board members, commissioners, and elected officials who receive' a salary or are paid per meeting or receive reimbursement for expenses incurred in the performance of official duties. The first training must occur prior to January 1, 2007. Elected officials include Board of Supervisors members, Assessor, Auditor-Controller, Clerk- Recorder, District Attorney, Sheriff-Coroner, and Treasurer-Tax Collector. Governing board members include the members of the Housing Authority, Redevelopment Agency governing board, Planning Commission, Assessment Appeals Board, and First Five Commission. Staff is currently in the process of determining which other boards or commissions fall within the definition of the new law. The ethics training must address laws prohibiting bribery and conflict of interest; laws relating to gifts, travel, and mass mailing restrictions; laws prohibiting gifts of public funds; receipt of discount transportation from transportation companies; bias; due process; incompatible offices; laws requiring financial disclosure; and competitive contract bidding. Compliance with the ethics training requirement is being addressed by multiple groups. The Fair Political Practices Commission has promulgated draft regulations on their review of the course content of the required training (attached). The Attorney General's Office is also developing guidelines for assessing whether or not a training curriculum satisfies the new law. The League of Cities, through the Institute for Local Government, is putting together a training, which will be made available on a "train the trainer" basis, hopefully through regional workshops. Recently, the Institute of local Government hosted a meeting of stakeholders (including the County Counsels' Association and County Administrators' Association) on the issue. More information will be forthcoming. 2 Payment of Compensation AB1234 also imposes a new requirement concerning legislative body member compensation for those bodies whose members are paid on a per meeting basis i.e. the governing board of the Redevelopment Agency, the Housing Authority, the Planning Commission and the Assessment Appeals Board. The requirements do not apply to the Board of Supervisors or to any other body - whose members receive compensation in the form of a salary. The law allows for compensation of board members or commissioners for attendance at a • meeting of the body or • meeting of the body subcommittees or • conference or organized educational activity related to the body's work. Compensation must be authorized in statute. If the County chooses to provide for stipends for attendance at any event other than the three listed above, the Board of Supervisors or Special District Board must adopt, in a public meeting, a written policy specifying the other types of events that constitute performance of official duties for which compensation may be paid. Staff does not believe that this section is applicable in Contra Costa County since no other compensation is paid. The County provides for reimbursement of actual, necessary and approved expenses only. 3 ADDENDUM TO ITEM D.2 January 17, 2006 On this day, the Board of Supervisors considered adopting policy regarding expense reimbursement of members of legislative bodies, including the Board of Supervisors, advisory boards, and commissions, in compliance with AB 1234 (Salinas), Chapter 700, and Statutes of 2005. Supervisor Piepho asked Ms. Hoffman to clarify whether the new requirements on AB 1234 (Salinas) Chapter 700 of 2005 applied to all meetings. Ms. Hoffman responded "this policy refers to all meetings for which the Board receives any reimbursement, including mileage." Chair Gioia suggested Supervisors should address the Assistant County Counsel Mary Anne Mason or Ms. Hoffman should they have any other concerns or questions regarding the new policy. Chair Gioia noted it would be necessary to ensure all volunteers serving on County Commissions or Municipal Advisory Boards get briefed on the process. He went on to say it would be proper to summarize the new policy requirements in a memo and distribute it to all those who serve on County commissions. The Board of Supervisors took the following action by unanimous decision: AMENDED the recommendations on Board Order dated January 17, 2006 to add:: DIRECTED staff to brief all volunteers serving on County Commissions or Municipal Advisory Boards on the policy regarding AB 1234 (Salinas) Chapter 700 of 2005 via a memo summarizing the new requirements. SAMPLE Meeting Attendance Report AS 1234 (Chapter 700 of 2005) requires that members of legislative bodies report on meetings attended, for which there has been expense reimbursement (mileage, meals, lodging, etc). In compliance, the following reports on meetings attended during the month of " 200_ by Supervisor _ Date Meeting Name Location Purpose SAMPLE Meeting Attendance Report AB 1234 (Chapter 700 of 2005) requires that members of legislative bodies report on meetings attended, for which there has been expense reimbursement (mileage, meals, lodging, etc). In compliance, the following reports on meetings attended during the month of , 200 by Supervisor Date Meeting Name Location Purpose CONTRA COSTA COUNTY Office of the County Administrator ADMINISTRATIVE BULLETIN I Number: 204. `--10--------------------------------------------------------------------------------------------••-..-• Deleted:9 Date: : 1-18-2006 - ----- Deleted:6-1-2000 ------------------------------------------ -------------------------------------------- Section: Budget & Fiscal SUBJECT: Expense Reimbursement This bulletin sets forth policy and procedures concerning authorized expenses and expense reimbursement. Claims for reimbursement are made over an affidavit certifying accuracy and propriety. Therefore, it is extremely important that individuals claiming reimbursement are fully informed of the provisions of this bulletin. I. POLICY A. Eligibility. The following individuals are eligible to receive expense reimbursement: 1. Elected County officials; 2. County employees (permanent, permanent intermittent, project and temporary); 3. Eligible volunteers as authorized by Administrative Bulletin No. 421, Subject: Rules and Procedures to Be Followed by County Departments for Authorized Volunteer Programs; and 4. Eligible members of advisory boards and commissions (Commissioners) to the Board of Supervisors as authorized by general Board policy, specific Board action creating the advisory body, and/or guidelines issued by federal, state or other outside funding agency authoring the advisory body. B_ xpense Reimbursement. - ement------------------------------------ -------------------------------------- - Deleted: B. 1. Eligible individuals are entitled Formatted:Bullets and Numbering to claim reimbursement for actual, reasonable, and ., Formatted:Indent:Left: 1.92" necessary expenses arising from the discharge of their Formatted:Indent:Left: 0.88", official duties, subject to limitations established by Hanging: 0.38",Tabs: 2",Left+ law and polis Not at 1.91" 2. For Board of Supervisors members and Commissioners, •` Formatted Indent:Left: 0.5" discharge of official duties includes attendance at meetings and events such as meetings of a legislative or Deleted:y. advisory body; sub committees and task forces of such Deleted:9 bodies; conferences; educational activities; state, Formatted:Indent:Left: 0.88", regional, countywide and county-regional bodies, public Hanging: 0.4" agencies, committees and commissions; ad hoc committee and other meetings involving community representatives and/or the public; meetings with public officials, elected officials and/or their representatives; ceremonial events; meetings with private individuals, business representatives and business organizations in connection with official duties. C. Authority. .1. Department heads are responsible for Delebed:9 authorizing reimbursement of expenses in accordance with provisions of this bulletin and other County policies. 2. The Board of Supervisors may approve reimbursement of expenses for Elected Officials and Commissioners beyond those provided for in this Administrative Bulletin and Administrative Bulletin 111, Travel, (as updated) provided that such approval is granted prior to incurrence of the expense. D. Reimbursable Mileage, Meals, and Miscellaneous Other Expenses. Individuals are eligible to claim reimbursement for actual expenses for the following items: 1. Mileage for the Use of Private Automobiles. As authorized by the department head, use of private automobiles may be reimbursed for mileage between an individual's normal work location and other designated work locations (which may be the site of a meeting) . The reimbursement rate is set by the County, adjusted periodically to conform with IRS approved rates. 2. Meals. a. Actual expenses, including tax and gratuity, for individual meals will be reimbursed. However, such reimbursement shall not exceed the following individual maximums: - Breakfast $10.00 - Lunch $15.00 - Dinner $25.00 When away from the normal work area for an entire day, individuals eligible for meal reimbursement may claim reimbursement for the actual cost of each individual meal, notwithstanding the maximum per meal amounts specified above. However, the total amount claimed for the day shall not exceed $50.00. b. The purchase of meals may be authorized when the individual is required: (1) To attend a meeting concerning County business or County affairs because of the official position of the individual. Other employees may claim reimbursement for attendance at such meetings only if directed to attend by their department head; (2) To be away from the regular or normal work area during a meal hour because of a particular work assignment. (The definition of the individual's work area depends upon the nature of the individual's duties and usual work assignments. Normally, the work area for field workers, such as appraisers, probation officers, and social workers, and for administrative and supervisory employees will be the County boundaries. However, the area could include the San Francisco Bay Area or beyond. Conversely, for clerical workers the work area could be limited to the community in which the individual is regularly assigned.); (3) To attend consecutive or continuing morning and afternoon or afternoon and night sessions of a board or commission; (4) To act as host for official guests of the County, such as members of examining boards, official visitors, and speakers or honored guests at banquets or other official functions; (5) To work three or more hours of overtime on a holiday or regularly assigned day off, or if overtime is required for completion of work assignments; (6) To attend departmental training events (training workshops, seminars, and retreats) . The department may, at its discretion, either provide meals to the attendees or authorize individuals to purchase their own meals and claim reimbursement in accordance with provisions of this bulletin; or (7) The cost of banquets and meals associated with conferences may be reimbursed at rates higher than those authorized in D.2 above, when attendance at the meal is an essential part of the professional, training, or technical content of the event. (8) The purchase of meals may be authorized when the individual is required, and when specific approval has been given by a department head, to conduct business with County employees or officials that is inappropriate or impractical to conduct at the work site or during work hours, e.g., counseling, presenting sensitive evaluations, having a business lunch when no other time is practical. 3. Other Travel Expenses a. Bridge tolls, parking; b. Telephone and facsimile charges required in connection with County business; C. BART or bus fares; and d. Tips, porterage, parking, and checking fees in accordance with local custom. E. Reimbursable Expenses While on Authorized Travel. Authorized travel consists of overnight trips and air travel and is subject to advance approval of the department head or County Administrator as specified in Bulletin No. 111 (as updated) . In addition to the items listed above, the following are reimbursable: 1. Air (or common carrier) fare for trips involving an appreciable distance; 2. Mileage for personal auto used in lieu of travel by commercial air line if authorized in advance as specified in Bulletin No. 111 (as updated); ------------------------------- Deleted:9 .3. Rental cars, airport limousine service, etc. as authorized; and 3.4. otel rooms are reimbursed at the ' government rate or -- Deleted:q rd group rate offeefrothe confee o erncr educational activity being Deleted attended (if any), whichever is less, plus applicable taxes and fees. If a group rate or government rate is not available, then the Deleted:single ratel reimbursement rate shall be the best rate available at the time the unless all reservation is made at the hotel or comparable hotel (comparable being occupants are on authorized travel; and determined by the AAA rating or other generally accepted rating of hotel quality) . Formatted:font color:Red, Strikethrough _J ----NDeleted: 4. 5. otwithstandint g hab e ove, Board of Supervisors members Rental cars, airport and Commissioners must use group rates or government rates when limousine service, etc. as9 available at the time the reservation is made. authorized.1 F. Non-Reimbursable Expenses. Individuals are not eligible to claim reimbursement for the following items: 1. Purchase of alcoholic beverages; 2. Meals eaten at home or eaten at work facilities at 24-hour county institutions; 3. Personal telephone calls; 4. Constructive expenses, which are those which might properly have been incurred but were not, for example: a. If two individuals traveled together to a meeting in one car and each claimed full transportation costs, then one would be making a "constructive" claim; b. If an individual on a trip stayed with friends or relatives, it would be constructive to claim lodging expense. 5. Expenses which are excessive or unreasonable. II. PROCEDURE FOR CLAIMING EXPENSE REIMBURSEMENT. Reimbursement for expenses incurred on behalf of the County shall be claimed on an Employee Travel Demand (Form M8154 Rev 9-82) . This form is available from the Central Services Division, General Services Department. Individuals should make a record of reimbursable expenditures as they occur so that fully documented claims may be submitted. The following procedures apply with respect to expense claims: A. Individuals are expected to submit expense claims during the month following the month in which the expenses were incurred; except that Board of Supervisors members and Commissioners must submit expense claims no later than the last day of the month during which the expense is incurred (for events that span the end and beginning of two months, the expense reimbursement claim should be split into 2 claims, one for each month) . B. Each claim must clearly indicate the date, nature of expense and amount for which reimbursement is being ------- Deleted:expense, claimed; C. Claims must be for "actual and necessary" expenses and not for "constructive" expenses, nor for "per diem" reimbursement; D. If claim is made for reimbursement of authorized travel, the original Travel Request (Form 3.1) showing prior authorization must be attached; E. Documentation, receipts or proof of payment must be submitted with the claim to substantiate expenditures for public carrier fares, rental cars, lodging (indicating the single rate), banquets or meals associated with conferences when the rates are higher than those authorized above; for registration fees in excess of $25.00; and for any unusual items or items not specifically related to travel. F. Receipts may also be required by departments to substantiate claims for meals, for registration fees less than $25.00, for parking, etc.; G. Staff of the Office of the Auditor-Controller shall review all claims for reimbursement, and shall question amounts which seem excessive, unreasonable, personal in nature, undocumented, or otherwise not authorized by this bulletin or County policy. H. Not withstanding the above, Board of Supervisors members and •------- Formatted:Bullets and Numbering Commissioners must submit receipts for each item of expense, regardless of the amount. III REPORTING BY BOARD OF SUPERVISORS MEMBERS AND COMISSIONERS Government Code Section 53232.3(d) requires that Board of Supervisors members and Commissioners report on meetings attended for which there has been an expense reimbursement. The report should be made at the first meeting of each month of the legislative body, or the first meeting thereafter. A sample report format is attached. Orig. Dept. : County Administrator /s/ t--------------------------------------------------------------- Deleted:Scott Tandy for John Sweeten, --- ------ -------- ------- Deleted:Phil Batchelor County Administrator AB 1234 Assembly Bill - CHAPTERED Page 1 of 15 BILL NUMBER: AB 1234 CHAPTERED BILL TEXT CHAPTER 700 FILED WITH SECRETARY OF STATE OCTOBER 7, 2005 APPROVED BY GOVERNOR OCTOBER 7, 2005 PASSED THE ASSEMBLY AUGUST 30, 2005 PASSED THE ,SENATE AUGUST 29, 2005 AMENDED IN SENATE AUGUST 22, 2005 AMENDED IN SENATE AUGUST 15, 2005 AMENDED IN SENATE JULY 13, 2005 AMENDED IN SENATE JUNE 29, 2005 AMENDED IN SENATE JUNE 21, 2005 AMENDED IN SENATE JUNE 1, 2005 AMENDED IN ASSEMBLY APRIL 5, 2005 INTRODUCED BY Assembly Member Salinas FEBRUARY 22, 2005 An act to amend Sections 25008 and 36514 .5 of, and to add Article 2.3 (commencing with Section 53232) and Article 2.4 (commencing with Section 53234) to Chapter 2 of Part 1 of Division 2 of Title 5 of, the Government Code, to amend Sections 6060 and 7047 of the Harbors and Navigation Code, to amend Sections 2030, 2851, 4733, 4733.5, 6489, 9031, 13857, 13866, and 32103 of the Health and Safety Code, to amend Section 1197 of the Military and Veterans Code, to amend Sections 5536, 5536.5, 5784 .15, and 9303 of the Public Resources Code, to amend Sections 11908, 11908. 1, 11908.2, 16002, and 22407 of the Public Utilities Code, and to amend Sections 20201, 21166, 30507, 30507. 1, 34741, 40355, 50605, 55305, 56031, 60143, 70078, 71255, and 74208 of, and to add Section 20201.5 to, the Water Code, relating to local agencies. LEGISLATIVE COUNSEL'S DIGEST AB 1234, Salinas Local agencies: compensation and ethics. Existing law provides for the establishment and operations of cities, counties, cities and counties, districts, and other local government agencies, the composition of their governing bodies, and the payment of governing body members for attending meetings and performing other duties, and prescribes conflicts of interest. This bill would require a local agency that provides reimbursement for expenses to members of its legislative body to adopt a written policy on the duties for which legislative body members may receive compensation, other than meetings of the legislative body or an advisory body or attendance at a conference or organized educational activity. The bill would require such a governing body to adopt a written policy concerning what occurrences qualify a member to receive reimbursement of expenses for travel, meals, and lodging and would impose related requirements, including the filing of expense reports, which would be public records. This bill would also require that if a local agency provides any type of compensation, salary, or stipend to, or reimburses the expenses of, a member of the legislative body, all local agency officials, except a member whose term of office ends before January 1, 2007, in local agency service as of January 1, 2006, or thereafter http://info.sen.ca.gov/pub/bill/asm/ab_1201-1250/ab_1234_bill_20051007_chaptered.html 1/6/2006 AB 1234 Assembly Bill - CHAPTERED Page 2 of 15 receive training in ethics, as specified. This bill would provide that if any entity develops criteria for the ethics training, then the Fair Political Practices Commission and the Attorney General shall be consulted regarding any proposed course content. This bill would specify, with respect to certain special districts, how a director's activities on a specific day are determined to be compensable and would make related changes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 25008 of the Government Code is amended to read: 25008. Members shall be allowed their actual expenses in going to, attendance upon, and returning from state association meetings and their actual and necessary traveling expenses when traveling outside their counties on official business. Reimbursement for these expenses is subject to Sections 53232.2 and 53232.3. SEC. 2. Section 36514.5 of the Government Code is amended to read: 36514 .5. City council members may be reimbursed for actual and necessary expenses incurred in the performance of official duties. Reimbursement for these expenses is subject to Sections 53232.2 and 53232.3. SEC. 3. Article 2.3 (commencing with Section 53232) is added to Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code, to read: Article 2.3. Compensation 53232. 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, and the board of directors or other governing body in the case of a special 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, or special district. (d) "Meeting" has the same meaning as specified in subdivision (a) • of Section 54952.2. 53232.1. (a) When compensation is otherwise authorized by statute, a local agency may pay compensation to members of a legislative body for attendance at the following occurrences: (1) A meeting of the legislative body. (2) A meeting of an advisory body. (3) A conference or organized educational activity conducted in compliance with subdivision (c) of Section 54952.2, including, but not limited to, ethics training required by Article 2.4 (commencing with Section 53234) . (b) A local agency may pay compensation for attendance at occurrences not specified in subdivision (a) only if the governing body has adopted, in a public meeting, a written policy specifying other types of occasions that constitute the performance of official duties for which a member of the legislative body may receive payment. (c) This section shall not apply to any local agency that pays compensation in the form of a salary to members of a legislative http://info.sen.ca.gov/pub/bill/asm/ab_1201-1250/ab_1234_bill_20051007_chaptered.html 1/6/2006 AB 1234 Assembly Bill - CHAPTERED Page 3 of 15 body, including, but not limited to, those local agencies whose legislative bodies' compensation is subject to Section 36516 or 36516. 1, subparagraph (B) or (C) of paragraph (2) of subdivision (a) of Section 21166 or Section 22840 of the Water Code, Section 11908. 1 of the Public Utilities Code, Section 6060 of the Harbors and Navigation Code, or subdivision (b) of Section 1 or Section 5 of Article XI of the California Constitution. 53232.2. (a) When reimbursement is otherwise authorized by statute, a local agency may reimburse members of a legislative body for actual and necessary expenses incurred in the performance of official duties, including, but not limited to, activities described in Article 2.4 (commencing with Section 53234) . (b) If a local agency reimburses members of a legislative body for actual and necessary expenses incurred in the performance of official duties, then the governing body shall adopt a written policy, in a public meeting, specifying the types of occurrences that qualify a member of the legislative body to receive reimbursement of expenses relating to travel, meals, lodging, and other actual and necessary expenses. (c) The policy described in subdivision (b) may also specify the reasonable reimbursement rates for travel, meals, and lodging, and other actual and necessary expenses. If it does not, the local agency shall use the Internal Revenue Service rates for reimbursement of travel, meals, lodging, and other actual and necessary expenses as established in Publication 463, or any successor publication. (d) If the lodging is in connection with a conference or organized educational activity conducted in compliance with subdivision (c) of Section 54952.2, including, but not limited to, ethics training required by Article 2.4 (commencing with Section 53234) , lodging costs shall not exceed the maximum group rate published by the conference or activity sponsor, provided that lodging at the group rate is available to the member of a legislative body at the time of booking. If the group rate is not available, the member of a legislative body shall use comparable lodging that is consistent with the requirements of subdivisions (c) and (e) . (e) Members of the legislative body shall use government and group rates offered by a provider of transportation or lodging services for travel and lodging when available. (f) All expenses that do not fall within the adopted travel reimbursement policy or the Internal Revenue Service reimbursable rates as provided in subdivision (c) , shall be approved by the governing body, in a public meeting before the expense is incurred, except as provided in subdivision (d) . (g) This section shall not supersede any other laws establishing reimbursement rates for local agencies. 53232.3. (a) If a local agency reimburses members of a legislative body for actual and necessary expenses incurred in the performance of official duties, then a local agency shall provide expense report forms to be filed by the members of the legislative body for reimbursement for actual and necessary expenses incurred on behalf of the local agency in the performance of official duties. Reimbursable expenses shall include, but not be limited to, meals, lodging, and travel. (b) Expense reports shall document that expenses meet the existing policy, adopted pursuant to Section 53232.2, for expenditure of public resources. (c) Members of a legislative body shall submit expense reports within a reasonable time after incurring the expense, as determined by the legislative. body, and the reports shall be accompanied by the receipts documenting each expense. \ http://info.sen.ca.gov/pub/bill/asm/ab_1201-1250/ab_1234_bill_20051007_chaptered.html 1/6/2006 AB 1234 Assembly Bill - CHAPTERED Page 4 of 15 (d) Members of a legislative body shall provide brief reports on meetings attended at the expense of the local agency at the next regular meeting of the legislative body. (e) All documents related to reimbursable agency expenditures are public records subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) . 53232.4. Penalties for misuse of public resources or falsifying expense reports in violation of expense reporting polices may include, but are not limited to, the following: (a) The loss of reimbursement privileges. (b) Restitution to the local agency. (c) Civil penalties for misuse of public resources pursuant to Section 8314. (d) Prosecution for misuse of public resources, pursuant to Section 424 of the Penal Code. SEC. 4 . Article 2. 4 (commencing with Section 53234) is added to Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code, to read: Article 2.4 . Ethics Training 53234 . For the purposes of this article, the following terms have the following meanings: (a) "Legislative body" has the same meaning as specified in Section 54952. (b) "Local agency" means a city, county, city and county, charter city, charter county, charter city and county, or special district. (c) "Local agency official" means the following: (1) Any member of a local agency 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 legislative body to receive the training specified under this article. (d) "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 prerequisites 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. 53235. (a) If a local agency provides any type of compensation, salary, or stipend to a member of a legislative body, or provides reimbursement for actual and necessary expenses incurred by a member of a legislative body in the performance of official duties, then all local agency officials shall receive training in ethics pursuant to this article. http://info.sen.ca.gov/pub/bill/asm/ab_1201-1250/ab_1234_bill_20051007_chaptered.html 1/6/2006 AB 1234 Assembly Bill - CHAPTERED Page 5 of 15 (b) Each local agency official shall receive at least two hours of training in general ethics principles and ethics laws relevant to his or her public service every two years. (c) If any entity develops curricula to satisfy the requirements of this section, then the Fair Political Practices Commission and the Attorney General shall be consulted regarding the sufficiency and accuracy of any proposed course content. When reviewing any proposed course content the Fair Political Practices Commission and the Attorney General shall not preclude an entity from also including local ethics policies in the curricula. (d) A local agency or an association of local agencies may offer one or more training courses, or sets of self-study materials with tests, to meet the requirements of this section. These courses may be taken at home, in-person, or online. (e) All providers of training courses to meet the requirements of this article shall provide participants with proof of participation to meet the requirements of Section 53235.2. (f) A local agency shall provide information on training available to meet the requirements of this article to its local officials at least once annually. 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 1, 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) 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) 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. 53235.2. (a) A local agency that requires its local agency officials to complete the ethical training prescribed by this article shall maintain records indicating both of the following: (1) The dates that local officials satisfied the requirements of this article. (2) The entity that provided the training. (b) Notwithstanding any other provision of law, a local agency shall maintain these records for at least five years after local officials receive the training. These records are public records subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) . SEC. 6. Section 6060 of the Harbors and Navigation Code is amended to read: 6060. The commissioners shall serve without salary until the yearly gross income of the district, exclusive of taxes levied by the district, exceeds twenty thousand dollars ($20, 000) per year, when the board may, by ordinance, fix their salaries, which shall not exceed the sum of six hundred dollars ($600) per month each. In addition to any salary received pursuant to this section, the commissioners shall be allowed any actual and necessary expenses incurred in the performance of their duties. Reimbursement for these expenses is subject to Sections 53232.2 and 53232.3 of the Government .Code. http://info.sen.ca.gov/pub/bill/asm/ab_1201-1250/ab_1234_bill_20051007_chaptered.html 1/6/2006 AB 1234 Assembly Bill - CHAPTERED Page 6 of 15 SEC. 7. Section 7047 of the Harbors and Navigation Code is amended to read: 7047. Each director shall receive a sum as may be fixed by the board, not exceeding fifty dollars ($50) for each meeting of the board attended by him or her, for not exceeding four meetings in any calendar month. A director may also receive traveling and other expenses incurred by him or her when performing duties for the district other than attending board meetings. For purposes of this section, the determination of whether a director's activities on any specific day are compensable shall be made pursuant to Article 2.3. (commencing with Section 53232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code. Reimbursement for these expenses is subject to Sections 53232.2 and 53232.3 of the Government Code. SEC. 8. Section 2030 of the Health and Safety Code is amended to read: 2030. (a) The members of the board of trustees shall serve without compensation. (b) The members of the board of trustees may receive their actual and necessary traveling and incidental expenses incurred while on official business. In lieu of paying for actual expenses, the board of trustees may by resolution provide for the allowance and payment to each trustee a sum not to exceed one hundred dollars ($100) per month for expenses incurred while on official business. A trustee may waive the payments permitted by this subdivision. (c) Notwithstanding subdivision (a) , the secretary of the board of trustees may receive compensation in an amount determined by the board of trustees. (d) Reimbursement for these expenses is subject to Sections 53232.2 and 53232.3 of the Government Code. SEC. 9. Section 2851 of the Health and Safety Code is amended to read: 2851. The members of the district board shall hold office at the pleasure of the board of supervisors. They shall serve without compensation, but shall be allowed their necessary traveling and other expenses incurred in performance of their official duties. In lieu of expenses, the district board may, by resolution, provide for the allowance and payment to each member of the board of a sum not exceeding one hundred dollars ($100) as expenses incurred in attending each business meeting of the board. Reimbursement for these expenses is subject to Sections 53232:2 and 53232.3 of the Government Code. SEC. 10. Section 4733 of the Health and Safety Code is amended to read: 4733. (a) The district board may fix the amount of compensation per meeting to be paid each member of the board for services for each meeting attended by the member. Subject to subdivision (b) , the compensation shall not exceed one hundred dollars ($100) for each meeting of the district board attended by the member or for each day' s service rendered as a member by request of the board, not exceeding a total of six days in any calendar month, together with any expenses incident thereto. (b) The district board, by ordinance adopted pursuant to Chapter 2 (commencing with Section 20200) of Division 10 of the Water Code, may increase the compensation received by the district board members above the amount of one hundred dollars ($100) per day. (c) For purposes of this section, the determination of whether a director's activities on any specific day are compensable shall be made pursuant to Article 2.3 (commencing with Section 53232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code. http://info.sen.ca.gov/pub/bill/asm/ab_1201-1250/ab_1234_bill_20051007_chaptered.html 1/6/2006 AB 1234 Assembly Bill - CHAPTERED Page 7 of 15 (d) Reimbursement for these expenses is subject to Sections 53232.2 and 53232.3 of the Government Code. SEC. 11. Section 4733.5 of the Health and Safety Code is amended to read: 4733.5. Where two or more county sanitation districts have joined in the. purchase, ownership, use, construction, maintenance, or operation of a sewerage system, or sewage disposal or treatment plant, or refuse transfer or disposal system, or both, either within or without the districts, or have so joined for any combination of these purposes, as provided in Section 4742, and the districts hold their meetings jointly, and one or more of the directors serve as a director on more than one of these districts meeting jointly, the districts may, by joint resolution approved by each district, limit the compensation of a director to compensation equal to not more than fifty dollars ($50) for each jointly held meeting attended by him or her, not to exceed one hundred dollars ($100) in any one month for attendance at jointly held meetings. For purposes of this section, the determination of whether a director's activities on any specific day are compensable shall be made pursuant to Article 2.3 (commencing with Section 53232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code. SEC. 12. Section 6489 of the Health and Safety Code is amended to read: 6489. (a) Subject to subdivision (b) , each of the members of the board shall receive compensation in an amount not to exceed one hundred dollars ($100) per day for each day's attendance at meetings of the board or for each day's service rendered as a director by request of the board, not exceeding a total of six days in any calendar month, together with any expenses incident thereto. (b) The district board, by ordinance adopted pursuant to Chapter 2 (commencing with Section 20200) of Division 10 of the Water Code, may increase the compensation received by board members above the amount of one hundred dollars ($100) per day. (c) The secretary of the sanitary board shall receive compensation to be set by the sanitary district board, which compensation shall be in lieu of any other compensation to which he or she may be entitled by reason of attendance at the meeting or meetings of the sanitary board. (d) For purposes of this section, the determination of whether a director's activities on any specific day are compensable shall be made pursuant to Article 2.3 (commencing with Section 53232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code. (e) Reimbursement for these expenses is subject to Sections 53232.2 and 53232.3 of the Government Code. SEC. 13. Section 9031 of the Health and Safety Code is amended to read: 9031. (a) The board of trustees may provide, by ordinance or resolution, that each of its members may receive compensation in an amount not to exceed one hundred dollars ($100) for attending each meeting of the board. A member of the board of trustees shall not receive compensation for more than four meetings of the board in a month. (b) The board of trustees, by ordinance adopted pursuant to Chapter 2 (commencing with Section 20200) of Division 10 of the Water Code, may increase the amount of compensation received for attending meetings of the board. (c) In addition, members of the board of trustees may receive their actual and necessary traveling and incidental expenses incurred while on official business other than a meeting of the board. http://info.sen.ca.gov/pub/bill/asm/ab_1201-1250/ab_1234_bill_20051007_chaptered.html 1/6/2006 AB 1234 Assembly Bill - CHAPTERED Page 8 of 15 (d) A member of the board of trustees may waive any or all of the payments permitted by this section. (e) For the purposes of this section, a meeting of the board of trustees includes, but is not limited to, regular meetings, special meetings, closed sessions, emergency meetings, board field trips, district public hearings, or meetings of a committee of the board. (f) For purposes of this section, the determination of whether a trustee's activities on any specific day are compensable shall be made pursuant to Article 2.3 (commencing with Section 53232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code. (g) Reimbursement for these expenses is subject to Sections 53232.2 and 53232.3 of the Government Code. SEC. 14. Section 13857 of the Health and Safety Code is amended to read: 13857. (a) Subject to subdivision (b) , each member of the district board may receive compensation in an amount set by the district board not to exceed one hundred dollars ($100) for attending each meeting of the district board. The number of meetings for which a member of the board of directors may receive compensation shall not exceed four meetings in any calendar month. (b) The district board, by ordinance adopted pursuant to Chapter 2 (commencing with .Section 20200) of Division 10 of the Water Code, may increase the compensation received by the district board members above the amount prescribed by subdivision (a) . (c) For purposes of this section, the determination of whether a director's activities on any specific day are compensable shall be made pursuant to Article 2.3 (commencing with Section 53232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code. SEC. 15. Section 13866 of the Health and Safety Code is amended to read: 13866. A district may authorize its directors and employees to attend professional or vocational meetings and pay their actual and necessary traveling and incidental expenses while on official business. Reimbursement for these expenses is subject to Sections 53232.2 and 53232.3 of the Government Code. SEC. 16. Section 32103 of the Health and Safety Code is amended to read: 32103. The board of directors shall serve without compensation except that the board of directors, by a resolution adopted by a majority vote of the members of the board, may authorize the payment of not to exceed one hundred dollars ($100) per meeting not to exceed five meetings a month as compensation to each member of the board of directors. Each member of the board of directors shall be allowed his or her actual necessary traveling and incidental expenses incurred in the performance of official business of the district as approved by the board. For purposes of this section, the determination of whether a director's activities on any specific day are compensable shall be made pursuant to Article 2.3 (commencing with Section 53232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code. Reimbursement for these expenses is subject to Sections 53232.2 and 53232.3 of the Government Code. SEC. 17. Section 1197 of the Military and Veterans Code is amended to read: 1197. The board shall consist of five members who shall be registered electors residing within the district or proposed district at the time of their election and shall be elected by the qualified electors of the district. A majority of the seats on the board shall http://info.sen.ca.gov/pub/bill/asm/ab_1201-1250/ab_1234_bill_20051007_chaptered.html 1/6/2006 AB 1234 Assembly Bill - CHAPTERED Page 9 of 15 be designated for veterans, as defined in Section 940. Any board seat that is so designated, but is not currently filled by a qualifying individual, shall be filled by a qualified individual at the next election at which that seat is to be filled. Members shall serve without compensation, but shall be entitled to actual and necessary expenses incurred in the performance of duties. Reimbursement for these expenses is subject to Sections 53232.2 and 53232.3 of the Government Code. SEC. 18. Section 5536 of the Public Resources Code is amended to read: 5536. (a) The board shall establish rules for its proceedings. (b) The board may provide, by ordinance or resolution, that each of its members may receive an amount not to exceed one hundred dollars ($100) per day for each attendance at a meeting of the board. For purposes of this section, a meeting of the board includes, but is not limited to, closed sessions of the board, board field trips, district public hearings, or meetings of a committee of the board. The maximum compensation allowable to a board member on any given day shall be one hundred dollars ($100) . Board members shall not receive any other compensation for meetings, and no .board member shall receive more than five hundred dollars ($500) compensation under this section in any one calendar month, except that board members of the East Bay Regional Park District may receive compensation for not more than 10 days in any one calendar month. A board member may elect to waive the per diem. In addition, the board may provide, by ordinance or resolution, that each of its members not otherwise eligible for an employer-paid or partially employer-paid group medical or group dental plan, or both, may participate in any of those plans available to permanent employees of the district on the same terms available to those district employees or on terms and conditions as the board may determine. A board member who elects to participate in any plan may also elect to have the premium for the plan charged against his or her per diem and may further elect to waive the balance of the per diem. (c) Ali vacancies on the board shall be filled in accordance with the requirements of Section 1780 of the Government Code, except that, in the case of vacancies caused by the creation of new wards or subdistricts, the directors shall, prior to the vacancies being filled, determine by lot, for the purpose of fixing the terms of the first directors to be elected to the wards or subdistricts, which ward or subdistrict shall have a four-year term and which ward or subdistrict shall have a two-year term. The persons who fill the vacancies caused by the establishment of new wards or subdistricts shall hold office until the next general election and until their successors are elected and qualified for the terms previously determined by lot. (d) For purposes of this section, the determination of whether a director's activities on any specific day are compensable shall be made pursuant to Article 2.3 (commencing with Section 53232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code. SEC. 19. Section 5536.5 of the Public Resources Code is amended to read: 5536.5. Members of the board of directors may be allowed actual necessary traveling and incidental expenses incurred in the performance of official business of the district as approved by the district board. Reimbursement for these expenses is subject to Sections 53232.2 and 53232.3 of the Government Code. SEC. 20. Section 5784.15 of the Public Resources Code is amended to read: http://info.sen.ca.gov/pub/bill/asm/ab_1201-1250/ab_1234_bill_20051007_chaptered.html 1/6/2006 AB 1234 Assembly Bill - CHAPTERED Page 10 of 15 5784.15. (a) The board of directors may provide, by ordinance or resolution, that each of its members may receive compensation in an amount not to exceed one hundred dollars ($100) for attending each meeting of the board. The board of directors, by ordinance adopted pursuant to Chapter 2 (commencing with Section 20200) of Division 10 of the Water Code, may increase the amount of compensation received for attending meetings of the board. (b) The maximum compensation in any calendar month shall be five hundred dollars ($500) . (c) In addition, members of the board of directors may receive their actual and necessary traveling and incidental expenses incurred while on official business. (d) A member of the board of directors may waive the compensation. (e) For the purposes of this section, a meeting of the board of directors includes, but is not limited to, regular meetings, special meetings, closed sessions, emergency meetings, board field trips, district public hearings, or meetings of a committee of the board. (f) For purposes of this section, the determination of whether a director's activities on any specific day are compensable shall be made pursuant to Article 2.3 (commencing with Section 53232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code. (g) Reimbursement for these expenses is subject to Sections 53232.2 and 53232.3 of the Government Code. SEC. 21. Section 9303 of the Public Resources Code is amended to read: 9303. The directors shall receive no compensation for their services as such, but each shall be allowed reasonable and necessary expenses incurred in attendance at meetings of the directors or when otherwise engaged in the work of the district at the direction of the board of directors. The directors shall fix the amount allowed for necessary expenses, but no director shall be appointed to any position for which he or she would receive compensation as a salaried officer or employee of the district. Reimbursement for these expenses is subject to Sections 53232.2 and 53232.3 of the Government Code. SEC. 22. Section 11908 of the Public Utilities Code is amended to read: 11908. The board shall establish rules for its proceedings and may provide, by ordinance or resolution, that each member shall receive for each attendance at the meetings of the board, or for each day's service rendered as a director by request of the board, the sum of one hundred dollars ($100) . No director shall receive any other compensation, nor receive pay for more than six days in any one calendar month. For purposes of this section, the determination of whether a director's activities on any specific day are compensable shall be made pursuant to Article 2.3 (commencing with Section 53232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code. SEC. 23. Section 11908. 1 of the Public Utilities Code is amended to read: 11908.1. (a) Notwithstanding Section 11908, a district with a board having seven directors may provide, by resolution or ordinance, that each director shall receive compensation in an amount not to exceed one hundred dollars ($100) per day for each day's attendance at public meetings of the board or for each day's service rendered as a director by request of the board, not exceeding a total of six days in any calendar month, or, in lieu of that compensation, a salary of not to exceed six hundred dollars ($600) per month subject http://info.sen.ca.gov/pub/bill/asm/ab_1201-1250/ab_1234_bill_20051007_chaptered.html 1/6/2006 AB 1234 Assembly Bill - CHAPTERED Page 11 of 15 to annual adjustments pursuant to subdivision (b) , together with any expenses incurred in the performance of his or her duties required or authorized by the board. No resolution or ordinance establishing compensation pursuant to this subdivision shall provide for any automatic increase in that compensation. (b) Any district which adopts salaries for directors pursuant to subdivision (a) may increase those salaries by not more than 5 percent for each calendar year following the operative date of the last adjustment, commencing with the calendar year following adoption of the salary or increase. (c) Reimbursement for these expenses is subject to Sections 53232.2 and 53232.3 of the Government Code. SEC. 24 . Section 11908.2 of the Public Utilities Code is amended to read: 11908.2. Notwithstanding Section 11908, the board of a district which has owned and operated an electric distribution system for at least eight years and has a population of 250, 000 or more may provide, by ordinance or resolution, that each director shall receive compensation in an amount not to exceed one hundred dollars ($100) per day for each day's attendance at public meetings of the board or for each day's service rendered as a director by request of the board, not exceeding a total of 10 days in any calendar month, together with any expenses incurred in the performance of his or her duties required or authorized by the board. The board may, by resolution or ordinance, increase the compensation per day by not more than 5 percent for each calendar year following the operative date of the last adjustment, commencing with the 1988 calendar year. No resolution or ordinance establishing compensation pursuant to this subdivision shall provide for any automatic increase in that compensation. For purposes of this section, the determination of whether a director's activities on any specific day are compensable shall be made pursuant to Article 2.3 (commencing with Section 53232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code. Reimbursement for these expenses is subject to Sections 53232.2 and 53232.3 of the Government Code. SEC. 25. Section 16002 of the Public Utilities Code is amended to read: 16002. Each member of the board shall receive the compensation that the board by ordinance provides, not exceeding four thousand eight hundred dollars ($4, 800) a year. For purposes of this section, the determination of whether a director's activities on any specific day are compensable shall be made pursuant to Article 2.3 (commencing with Section 53232) of Chapter 2 of Part. l of Division 2 of Title 5 of the Government Code. SEC. 26. Section 22407 of the Public Utilities Code is amended to read: 22407. Each member of the board of directors shall receive compensation in an amount not to exceed one hundred dollars ($100) for each attendance at the meeting of the board held within the district, which amount shall be fixed from time to time by the board. No director, however, shall receive pay for more than four meetings in any calendar month. Each director shall be allowed, with the approval of the board, all traveling and other expenses necessarily incurred by the member in the performance of the member's duties. For purposes of this section, the determination of whether a director's activities on any specific day are compensable shall be made pursuant to Article 2.3 (commencing with Section 53232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code. Reimbursement for these expenses is subject to Sections 53232.2 and 53232.3 of the Government Code. http://info.sen.ca.gov/pub/bill/asm/ab_1201-1250/ab_1234 bill_20051007_chaptered.html 1/6/2006 AB 1234 Assembly Bill - CHAPTERED Page 12 of 15 SEC. 27. Section 20201 of the Water Code is amended to read: 20201. Notwithstanding any other provision of law, the governing board of any water district may, by ordinance adopted pursuant to this chapter, provide compensation to members of the governing board, unless any compensation is prohibited by its principal act, in an amount not to exceed one hundred dollars ($100) per day for each day' s attendance at meetings of the board, or for each day's service rendered as a member of the board by request of the board, and may, by ordinance adopted pursuant to this chapter, in accordance with Section 20202, increase the compensation received by members of the governing board above the amount of one hundred dollars ($100) per day. It is the intent of the Legislature that any future increase in compensation received by members of the governing board of a water district be authorized by an ordinance adopted pursuant to this chapter and not by an act of the Legislature. For purposes of this section, the determination of whether a director's activities on any specific day are compensable shall be made pursuant to Article 2.3 (commencing with Section 53232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code. SEC. 28. Section 20201.5 is added to the Water Code, to read: 20201.5. Reimbursement for expenses of members of a governing board of a water district is subject to Sections 53232.2 and 53232.3 of the Government Code. SEC. 29. Section 21166 of the Water Code is amended to read: 21166. Notwithstanding any other provision of law, a director, for sitting on the board or acting under its orders, shall receive both of the following: (a) (1) Except as specified in paragraphs (2) and (3) , compensation not to exceed one hundred dollars ($100) per day, not exceeding six days in any calendar month. (2) In districts that produce or distribute electric power, one of the following methods of compensation: (A) Compensation not to exceed one hundred dollars ($100) per day. (B) A monthly salary of not to exceed six hundred dollars ($600) per month. (C) Annual compensation not to exceed fifteen thousand dollars ($15, 000) . Any annual compensation pursuant to this subparagraph shall be fixed by the adoption of an ordinance pursuant to Sections 20203 to 20207, inclusive. (3) Districts containing 500, 000 acres or more are governed by Section 22840. (b) Actual and necessary expenses when acting under the orders of the board. For purposes of this section, the determination of whether a director's activities on any specific day are compensable shall be made pursuant to Article 2.3 (commencing with Section 53232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code. Reimbursement for these expenses is subject to Sections 53232.2 and 53232.3 of the Government Code. SEC. 30. Section 30507 of the Water Code is amended to read: 30507. Each director shall receive compensation in an amount not to exceed one hundred dollars ($100) per day for each day's attendance at meetings of the board or for each day's service rendered as a director by request of the board, not exceeding a total of six days in any calendar month, together with any expenses incurred in the performance of his or her duties required or authorized by the board. For purposes of this section, the http://info.sen.ca.gov/pub/bill/asm/ab_1201-1250/ab_1234_bill_20051007_chaptered.html 1/6/2006 AB 1234 Assembly Bill - CHAPTERED Page 13 of 15 determination of whether a director's activities on any specific day are compensable shall be made pursuant to Article 2.3 (commencing with Section 53232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code. Reimbursement for these expenses is subject to Sections 53232.2 and 53232.3 of the Government Code. SEC. 31. Section 30507. 1 of the Water Code is amended to read: 30507. 1. Each director of the Contra Costa Water District shall receive compensation in an amount not to exceed one hundred dollars ($100) per day for each day's attendance at meetings of the board and for each day's service rendered as a director by request of the board, not exceeding a total of 10 days in any calendar month, together with any expenses incurred in the performance of duties required or authorized by the board. For purposes of this section, the determination of whether a director's activities on any specific day are compensable shall be made pursuant to Article 2.3 (commencing with Section 53232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code. Reimbursement for these expenses is subject to Sections 53232.2 and 53232.3 of the Government Code. SEC. 32. Section 34741 of the Water Code is amended to read: 34741. Until their compensation is fixed by the adoption of bylaws, the officers shall receive the following compensation for their services: (a) The secretary, tax collector, treasurer, and assessor, such sums as shall be fixed by the board. (b) Each director shall receive compensation in an amount not to exceed one hundred dollars ($100) per day for each day's attendance at meetings of the board or for each day's service rendered as a director by request of the board, not exceeding a total of six days in any calendar month, together with any expenses incurred in the performance of his or her duties required or authorized by the board. For purposes of this section, the determination of whether a director's activities on any specific day are compensable shall be made pursuant to Article 2.3 (commencing with Section 53232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code. Reimbursement for these expenses is subject to Sections 53232.2 and 53232.3 of the Government Code. SEC. 33. Section 40355 of the Water Code is amended to read: 40355. (a) A director, when sitting on the board or acting under ,its orders, shall receive not exceeding: (1) One hundred dollars ($100) per day, not exceeding six days in any calendar month. (2) Ten cents ($0. 10) per mile for each mile traveled from his place of residence to the office of the board. (3) Actual and necessary expenses while engaged in official business under the order of the board. (b) For purposes of this section, the determination of whether a director's activities on any specific day are compensable shall be made pursuant to Article 2.3 (commencing with Section 53232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code. (c) Reimbursement for these expenses is subject to Sections 53232.2 and 53232.3 of the Government Code. SEC. 34 . Section 50605 of the Water Code is amended to read: 50605. (a) Each member of the board shall receive such compensation for services actually and necessarily performed as the board determines to be just and reasonable, and shall be reimbursed for expenses necessarily incurred in the performance of his duties as trustee. (b) For purposes of this section, the determination of whether a director's activities on any specific day are compensable shall be http://info.sen.ca.gov/pub/bill/asm/ab_1201-1250/ab_1234_bill_20051007_chaptered.html 1/6/2006 AB 1234 Assembly Bill - CHAPTERED Page 14 of 15 made pursuant to Article 2.3 (commencing with Section 53232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code. Reimbursement for these expenses is subject to Sections 53232.2 and 53232.3 of the Government Code. SEC. 35. Section 55305 of the Water Code is amended to read: 55305. (a) The board of directors may fix the compensation of its members for their services as directors not to exceed ten dollars ($10) for each meeting attended, not exceeding two meetings in any calendar month. If allowed by the board, a director shall also receive for performing duties for the district other than attending board meetings the following: (1) An amount not to exceed one hundred dollars ($100) for each day performing such duties. (2) Traveling and other expenses incurred by him or her in performing his duties. (b) For purposes of this section, the determination of whether a director's activities on any specific day are compensable shall be made pursuant to Article 2.3 (commencing with Section 53232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code. Reimbursement for these expenses is subject to Sections 53232.2 and 53232.3 of the Government Code. SEC. 36. Section 56031 of the Water Code is amended to read: 56031. The district board shall have power to fix the amount of compensation per meeting to be paid each member of the board for his or her services for each meeting attended by him or her; provided, that the compensation shall not exceed ten dollars ($10) for each meeting of the district board attended by him or her, together with expenses necessarily incurred by him or her in traveling between his or her place of residence and the place of meeting. However, no member shall receive compensation for attending more than three meetings of the board during any calendar month. This compensation shall be in addition to any other fees or compensation allowed by law for the other official positions specified in Section 56030 that are occupied by members of the district board. For purposes of this section, the determination of whether a director's activities on any specific day are compensable shall be made pursuant to Article 2.3 (commencing with Section 53232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code. Reimbursement for these expenses is subject to Sections 53232.2 and 53232.3 of the Government Code. SEC. 37. Section 60143 of the Water Code is amended to read: 60143. Each director shall receive compensation in an amount not exceeding one hundred dollars ($100) for each day's attendance at meetings of the board or for each day's service rendered as a director by request of the board, not exceeding a total of six days in any calendar month, together with any expenses incurred in the performance of his or her duties required or authorized by the board. For purposes of this section, the determination of whether a director's activities on any specific day are compensable shall be made pursuant to Article 2.3 (commencing with Section 53232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code. Reimbursement for these expenses is subject to Sections 53232.2 and 53232.3 of the Government Code. SEC. 38. Section 70078 of the Water Code is amended to read: 70078. Each member of the board shall receive compensation for services actually and necessarily performed, as the board determines to be just and reasonable, and shall be reimbursed for expenses necessarily incurred in the performance of his or her duties as director. The salaries of all officers and employees of the district shall be fixed and determined by the directors. The board of directors shall fix the compensation that the election officers shall http://info.sen.ca.gov/pub/bill/asm/ab_1201-1250/ab_1234_bill_20051007_chaptered.html 1/6/2006 AB 1234 Assembly Bill - CHAPTERED Page 15 of 15 receive for district elections. For purposes of this section, the determination of whether a director's activities on any specific day are compensable shall be made pursuant to Article 2.3 (commencing with Section 53232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code. Reimbursement for these expenses is subject to Sections 53232.2 and 53232.3 of the Government Code. SEC. 39. Section 71255 of the Water Code is amended to read: 71255. Each director shall receive compensation in an amount not to exceed one hundred dollars ($100) per day for each day's attendance at meetings of the board or for each day's service rendered as a director by request of the board, not exceeding a total of six days in any calendar month, together with any expenses incurred in the performance of his or her duties required or authorized by the board. For purposes of this section, the determination of whether a director's activities on any specific day are compensable shall be made pursuant to Article 2.3 (commencing with Section 53232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code. Reimbursement for these expenses is subject to Sections 53232.2 and 53232.3 of the Government Code. SEC. 40. Section 74208 of the Water Code is amended to read: 74208. Each director shall receive compensation in an amount not to exceed one hundred dollars ($100) per day for each day's attendance at meetings of the board or for each day's service rendered as a director by request of the board, not exceeding a total of six days in any calendar month, together with any expenses incurred in the performance of his or her duties required or authorized by the board. For purposes of this section, the determination of whether a director's activities on any specific day are compensable shall be made pursuant to Article 2.3 (commencing with Section 53232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code. Reimbursement for these expenses is subject to Sections 53232.2 and 53232.3 of the Government Code. SEC. 41. The Legislature finds and declares that transparency in the activities of local governments is a matter of statewide concern and not merely a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this act shall apply to charter cities, charter counties, and charter cities and counties. http://info.sen.ca.gov/pub/bill/asm/ab_1201-1250/ab_1234_bill_20051007_chaptered.html 1/6/2006 California Fair Political Practices Commission -- Local Ethics Training Requirement - Assembly Bill 1234 Page 1 of 1 3 ar w - Local Ethics Training Requirement - Assembly Bill 1234 FPPC Home Page mm (Updated December 12, 2005) Commission Agendas On October 7, 2005, the Governor signed Assembly Bill No. 1234. AB 1234 requires (among ,- Interested Persons' other things) that all local agencies that provide compensation, salary, or stipend to, or Meetings reimburses the expenses of, members of a legislative body must provide ethics training to local Candidates and agency officials by January 1, 2007, and every two years thereafter. The term"legislative body" Committees includes not only the governing body of a local agency, but also a commission, committee, board, Lobbyists or other body of a local agency, whether permanent or temporary,.decision-making or advisory. Restrictions on Government Officials The bill further provides that if an entity develops criteria for the ethics training, the Commission and Employees and the Attorney General's Office must be consulted regarding the proposed course content. Ethics Orientation for Please note that the enacted statute (Government Code section 53235) is not in the State Officials Political Reform Act. Therefore, other than the consultation requirement regarding the Local Ethics Training training course,the Commission has no jurisdiction to interpret the new legislation. Requirement-Assembly Bill 1234 Conflicts of Interest/ The Commission is noticing a new regulation setting forth the procedure for obtaining review of Form 700/COI Codes the local agency ethics training. The draft regulation, as amended after receipt of public comment, ,Enforcement will be presented to the Commission at its January 20, 2006, Commission meeting. We Audit Program encourage the public to comment on the proposed regulation in advance of, and at, the Workshops& Seminars Commission meeting. Legislation Litigation Link to text of Assembly Bill 1234 Mailing Lists Links Link to proposed regulation 18371 Link to Notice of Rulemaking: Adoption of Regulation 18371 If you would like to receive periodic updates on the status of the implementation project, please e- mail your name, firm, address, phone number and e-mail address to jwallace fppc.ca.gov. Y Copyright 2006 State of California FPPC. All rights reserved. http://www.fppc.ca.gov/index.html?id=466 1/6/2006 California Fair Political Practices Commission --Newly Adopted or Amended Regulations/Proposed R... Page 1 of 2 f _.fi:.. k S �r„�� _. • �:a4�. Y#� fs; Newly Adopted or Amended Regulations / Proposed Regulations FPPC Home Page Commission goAgendas interested Persons' (Back to Newly Adopted or Amended Regulations/ Proposed Regulations) Meetings Candidates and TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Committees Lobbyists NOTICE IS HEREBY GIVEN that the Fair Political Practices Commission, under the authority rjoRestrictions on vested in it by section 83112 of the Government Code, proposes to adopt, amend, or repeal Government Officials regulations in Title 2, Division 6 of the California Code of Regulations. The Fair Political Practices and Employees Commission will consider the proposed regulation at a public hearing on or after January 20, v Ethics Orientation for 2006, at approximately 9:45 a.m. Written comments must be received at the Commission offices State Officials no later than 5:00 p.m. on January 18, 2006. Conflicts of Interest/ Form 700/COI Codes BACKGROUND/OVERVIEW Enforcement udit Program Adopt 2 Cal. Code Regs. § 18371: The proposed regulation would set out guidelines and Workshops & Seminars procedures through which the Commission will be consulted regarding the content of the biennial Legislation local ethics training required by Government Code sections 53234, 53235, 53235.1, and 53235.2. „„. Litigation Mailing Lists On October 7, 2005, the Governor signed Assembly Bill No. 1234. AB 1234 requires (among Links other things) that all local agencies that provide compensation, salary, or stipend to, or FPPC Media Center reimburses the expenses of, members of a legislative body must provide ethics training to local Library and Publications agency officials by January 1, 2007, and every two years thereafter. The term "legislative body” The Political Reform includes not only the governing body of a local agency, but also a commission, committee, board, Act or other bodyof a local agency, whether permanent or temporary, decision-making or advisory. pp.Regulations of the P9 rY Fair Political Practices The bill further provides that if an entity develops criteria for the ethics training, the Commission Commission P tY P 9� Newly Adopted or and the Attorney General's Office must be consulted regarding the proposed course content. Amended The proposed regulation would implement this"consultation requirement" for purposes of Regulations I consulting with the Fair Political Practices Commission ("Commission"). The Commission will Proposed Regulations consider what the requirements will be in order for the provider of local agency ethics to have D FPPC Opinions complied with the"consultation" requirement of the new law forpurposes of ethics course content FPPC Publications involving the Political Reform Act. Bracketed language in proposed regulation 18371 represents D .Advice Summaries optional language for the Commission to consider. FPPC Resolutions Proposition 34 FISCAL IMPACT Archive Internet Political Fiscal Impact on Local Government. This regulation will have no fiscal impact on any local entity Practices Phase 2 or program. Forms&Manuals Privacy Fiscal Impact on State Government. This regulation will have no fiscal impact on any state entity or program. Fiscal Impact on Federal Funding of State Programs. This regulation will have no fiscal impact on the federal tunding of any state program or entity. AUTHORITY—Sections 83112 and 83113 provide that the Fair Political Practices Commission http://www.fppc.ca.gov/index.html?id=247&r id=/legal/proposed-regs/18371notice.htm 1/6/2006 California Fair Political Practices Commission --Newly Adopted or Amended Regulations/Proposed R... Page 2 of 2 may adopt, amend, and rescind rules and regulations to carry out the purposes and provisions of the Political Reform Act. REFERENCE—The purpose of this regulation is to implement, interpret and make specific Government Code sections 53234, 53235, 53235.1, and 53235.2. CONTACT—Any inquiries concerning this proposal should be made to John Wallace, Fair Political Practices Commission, 428 J Street, Eighth Floor, Sacramento, California 95814, telephone: (916) 322-5660. Propose regulatory language can be accessed at www.fppc.ca.gov. ADDITIONAL COMMENTS—After the hearing, the Commission may adopt or repeal the proposed regulation if it remains substantially the same as described or as in the text originally made available to the public. The Commission may make changes to the proposed regulation before its adoption or repeal. Copyright 2006 State of California FPPC. All rights reserved. http://www.fppc.ca.gov/index.html?id=247&r id=/legal/proposed-regs/18371notice.htm 1/6/2006 California Fair Political Practices Commission --Newly Adopted or Amended Regulations/Proposed R... Page 1 of a y Newly Adopted or Amended Regulations / Proposed Regulations 3 r ryr -4 FPPC Home Page Commission Agendas Interested Persons' (Back to Newly Adopted or Amended Regulations/Proposed Regulations) Meetings Candidates and Add 2 Cal. Code Regs. Section 18371 to read: Committees Lobbyists § 18371. Local Agency Ethics Training. Restrictions on Government Officials (a) Core Content Topics. The topics enumerated in subdivisions (a)(1)through (a)(4) of this and Employees regulation are considered to be the core content of an ethics orientation course conducted by a Ethics Orientation for local agency pursuant to Government Code section 53235. The course should include instruction State Officials on each of the following topics: Conflicts of Interest/ Form 700/COI Codes (1) Laws relating to personal financial gain by public servants, including, but not limited to: Enforcement ( Audit Program (A) Laws prohibiting bribery (Penal Code §68). Workshops & Seminars (g) Conflicts of Interest under the Political Reform Act(Gov. Code §§ 87100. 87103). Legislation Litigation (C) Contractual Conflicts of Interest(Gov. Code § 1090 et seq . P�pMailing Lists ,Links (D) Conflicts of Interest and Campaign Contributions (Gov. Code§ 84308).FPPC Media Center Library and Publications (E) Conflicts of Interest When Leaving Office (Gov. Code §§ 87406.3, 87407). ThePolitical Reform Act (2) Laws relating to claiming prerequisites of office, including, but not limited to: Regulations of the Fair Political Practices (A) Limitations on the Receipt of Gifts (Gov. Code §§ 86203, 89503, 89506). Commission Newly Adopted or Honoraria an (Gov. Code Amended �--g) HiBGCd89502( § )• Regulations I Proposed (C) Misuse of Public Funds(Pen. Code§424; Gov. Code § 8314: Fair Political Practices Regulations FPPC Opinions Commission v. Suitt(1979) 90 Cal.App.3d 125; Stanson v. Mott(1976) 17 Cal.3d 206) FPPC Publications (D) Prohibitions against gifts of public funds (Cal. Const art. XVI, § 6). Advice Summaries FPPC Resolutions (E) Mass mailing restrictions (Gov. Code§ 89001). Proposition 34 Archive (F) Prohibitions against acceptance of free or discounted transportation by transportation Internet Political Practices companies (Cal. Const. art..XII, § 7). Phase 2 Forms&Manuals (3) Government transparency laws, including, but not limited to: ,- Privacy (A) Economic interest disclosure under the Political Reform Act(Gov. Code§§ 87200 etseq. . (B) Brown Act(Gov. Code §§ 54950 et seg.). (C) Public Records Act(Gov. Code§§6250 et seq . http://www.fppc.ca.gov/index.html?id=247&r id=/Iegal/proposed-regs/18371.htm 1/6/2006 California Fair Political Practices Commission --Newly Adopted or Amended Regulations/Proposed R... Page 2 of (4) Laws relating to fair processes, including, but not limited to: (A) Common law bias prohibitions. (B) Due process requirements. (C) Doctrine of Incompatible Offices. (D) Competitive bidding requirements for public contracts. (E) Disqualification from participating in decisions affecting family members (anti-nepotism laws). (b) Core Content Topics Under Political Reform Act. Of the core content topics set forth in subdivision (a) above, the topics enumerated below((b)(1) through subdivision (b)(7)) are considered to be the ethics topics that pertain to the Political Reform Act, and regarding which, the Commission will provide consultation. The course must include instruction on each of the following topics: (1) Conflicts of Interest under the Political Reform Act(Gov. Code §§ 87100, 87103). (2) Conflicts of Interest and Campaign Contributions (Gov. Code§ 84308). (3) Limitations on the Receipt of Gifts (Gov. Code §§ 86203, 89503, 89506). (4) Honoraria Ban (Gov. Code§ 89502 (5) Conflicts of Interest When Leaving Office (Gov. Code§§ 87406.3, 87407). (6) Mass Mailing Restrictions (Gov. Code§ 89001). (7) Economic Interest Disclosure Under the Political Reform Act(Gov. Code§ 87200 et seq. (c) A person conducting an ethics orientation course shall be considered to have consulted with the Commission pursuant to Government Code section 53235(c) if the person: (1) Has reviewed the materials specified by the Commission for core content topics covered by the Political Reform Act on the Commission's website no more than 60 days in advance of the date the training is conducted. (2) Develops and presents a training that includes the core content topics covered by the Political Reform Act and sufficiently and accurately reflects [Option 1: the Commission's statutes and regulationsl[Option 2: the specified legal information set forth on the Commission's websitel_ [(d) Notwithstanding subdivision (c) above, a person conducting an ethics orientation course may_ request the Commission's consultation on the substantive content of the course by submitting a copy of the proposed course materials to the Executive Director at least sixty (60)working days prior to the date on which the agency proposes to conduct the ethics orientation course. The Executive Director shall respond in writing to the agency indicating whether additional time is needed for review. Where the 60 working days is adequate time for review, the Executive Director shall respond not more than fifty (50)working days after the submission is received.] Note: Authority Cited: Section 83112, Government Code. Reference: Sections 53234, 53235, 53235.1, and 53235.2, Government Code. http://www.fppc.ca.gov/index.html?id=247&r id=/Iegal/proposed-regs/18371.htm 1/6/2006 Institute for Local Government- Ethics Page 1 of 1 Munil-ink RA • 100 asim, 11011 a. .�.a..:.. iLG s7 Ethics ra Overview Friday,January 6,2006 K�l I40Uue ; Et3tl�s , ofPblPruaorssss ms CpagURse �"SRea udt,C"WL 1 �feN: obs Copa6oratave« Welcome to the Ethics Resource Center <PRINTER-FRIENDLY PAGE> Govern nce� Not surprisingly, ethical issues associated with public service come in a wide variety of shapes and sizes. Lartc!Uae t�plioasrn 't"W ,f g. The Institute for Local Government has developed this resource center to assist local officials with a broad FiscB S e r lstirp s s range of ethical issues. f Pub» r�srr: Ethics Codes.True ethics is what one ought to do in a given situation, above and beyond what the � ;� 3 .•' law requires.Values provide a guideline for what one"ought"to do.What do these values mean in Contact€!5 a public service context?Adopting or updating an agency's positive,value-based ethics code is an opportunity to have that discussion in a community.Such codes are one tool available to foster or Site se arch reinforce a organizational culture of ethics.This section describes processes local agencies can _.. use to adopt such ethics codes,what such codes can contain and which jurisdictions have adopted such codes. - `""__ • Ethics Laws [previously labeled"Conflicting Interests'/. Even though the law only establishes „F + May login here, minimum standards for behavior in public service,these standards are complex indeed.This sa�;� U3sxid section offers a variety of tools and references to help local officials stay on the right side of ethics Fasswwd laws in California. cop ® Ethics Audits.Another tool for fostering a culture of ethics in an organization is the ethics audit. Learn what they are and what they can involve. • Campaign Ethics. For better or worse, most members of the public get their information and are paying closest attention to public agencies during election campaigns. Moreover, surveys indicate that some 81 percent of the public believes that attack-oriented campaigns undermine democracy. What constitutes ethical campaigning?Can ethical campaigns win?This section examines these issues. ® Use of Public Resources. Public officials are stewards of the public's resources. Misuse of public resources can carry stiff penalties and can encompass a wide range of situations(for example, ballot measure advocacy).This section identifies such situations and analyzes the legal and ethical issues associated with each. ® Public Processes.The public's confidence in the integrity of local agency decisions can also be affected by how open the decision-making process is.This section of the resource center collects information regarding the law and ethics of open government, including public participation. ® Procurement.The fairness of local agency purchasing decisions can also form the basis of the business community's and others'confidence in the public agency. How can an agency inoculate its purchasing decisions from inappropriate influences? ® Staff Relations. Public agencies make a substantial investment in their workforce,which constitute the primary engine by which the agency serves the public.What are elected officials'ethical obligations vis-a-vis agency staff and vice versa? In addition to offering these online resources to local officials,the Institute has produced a number of publications and videos on ethics issues for local officials. For information about purchasing such resources,please visit our publications page. last updated:7/5/2005 Copyright©2005 League of California Cities.All rights reserved.Privacy Policy. http://www.ilsg.org/index.jsp?displaytype=&section=conf&zone=ilsg&sub_sec=conf overview 1/6/2006 Institute for Local Government-Ethics Page 1 of 2 MuniLink • ILG 0 Ethics i2 Ethics Laws Friday,January 6,2006 IM I E#hw �srrtpaign�Fu P!1 'PublWj �, StaiG Abt)uk The tnsbtute 43ve�vsew �'Cads {ludds� Ethics ,.es� es. Piooesesr Prwwrem�rat l Re4atioc;s mr ,- Ethicsm, W r s Gtapborativ� Ethics Law Resources Available <PRINTER-FRIENDLY PAGE> Sp, Ia�V#l�Tlance Reflecting recent developments and trends in ethics laws,the Institute for Local Government has released Lanai Uae BHousing W �. new ethics law publications in 2005. #cal S�to h Quick Reference on Ethics Laws Past ProjectF Publoc$bcu+s Mn "Key Ethics Law Principles for Public Servants" is a bookmark -- -» " summarizing the kinds of issues and financial interests that ought to Contact Lis _.._ Flo*""Vu." �""'""; " trigger a conversation with one's agency counsel about what the law �.� -- requires. The bookmark format is portable enough to keep with public g site Ss rh __..�: _.. .a •> agency agenda packets and the like. The Institute thanks the Richards, Watson and Gershon firm whose generosity made this resource possible. More Extensive Guide Available Too `bu may login here, ua Want more detail on these legal �.._ .. requirements? A Local Official's Reference on Ethics Laws summarizes key ethics law provisions relevant to public service. The I Fj guide also alerts officials to the consequences of violating those laws and - -- provides case study illustrations of problem situations. The Institute is grateful to the „•.••-., .. Meyers Nave firm for sponsoring the production of this resource. Ethics Law Compliance Best Practices Guide Now Available ' -` Understanding the law is one thing-putting practices in place to maximize the likelihood of complying with these laws is another. To assist with this latter task, the Institute has produced a handy checklist help local officials assess their compliance practices. The checklist includes a series of questions agency officials can ask themselves to determine whether their agency is employing all the "best practices" available to minimize the likelihood of missteps vis-a-vis the ethics laws. Thanks go to Best. Best and Krieger for making it possible for the Institute to develop this resource. Addressing Potential Problems What steps might an official take when he or she suspects wrongdoing at his or her agency? The Institute Offers a few ideas in its new publication Walking the Line: What to Do When You Suspect an Ethics Problem, produced with the generous support of the Hanson Brid ett firm. OTHER HELPFUL RESOURCES General ® Deciding When Not to Participate in an Agency Decision:Abstentions and Disqualifications ® Attorney General Publication: Conflicts of Interest http://www.ilsg.org/index.jsp?displaytype=&section=conf&zone=ilsg&s*ub_sec=conf conflict 1/6/2006 Institute for Local Government- Ethics Page 2 of 2 ■ What to do when you suspect wrong doing ® Take our interactive QUIZ Specific Issues ■ Gifts ® Receiving Gifts as a Public Official ® Gift Guide For The Public Official ® Sample Local Gift Policy ® Realtor Issues ® Small Business Owner Issues ® Owning property: ® Handout at 2005 Executive Forum Session ® Every Day Ethics Column DID YOU KNOW? The Fair Political Practices Commission makes its bulletin summarizing recent enforcement actions and advice summaries available online, along with its opinions, regulations and the Political Reform Act. last updated: 10/3/2005 Copyright©2005 League of California Cities.All rights reserved.Privacy Policy. http://www.ilsg.org/index.jsp?displaytype=&section=conf&zone=ilsg&sub_Sec=conf conflict 1/6/2006 Institute for Local Government- Ethics Page 1 of 1 MuniLink ! . Q a A' P' 1 .i olra4rarY ILG;fS Ethics 0 Overview Friday,January 6,2006 Ettsts s fthrc r Ethics CamPa6gtt Use of Publ Punic - Staff A - 11 bCtltThBsrtSbtUtB t 3sa ♦ Cvrlas Audr Ethics Resources t Prooessas PterGvremant Relations �,� �3Gatlah4ra#lvt� Welcome to the Ethics Resource Center <PRINTER-FRIENDLY PAGE> 0 Go►+ mar�ce' Not surprisingly, ethical issues associated with public service come in a wide variety of shapes and sizes. 't_ nc�Use 8 Housrn9 The Institute for Local Government has developed this resource center to assist local officials with a broad Fseal'Stewarclstlrp range of ethical issues. Pad Pro�sct; � . • Ethics Codes.True ethics is what one ought to do in a given situation, above and beyond what the ' Pu6tic�t+I�ts i law requires.Values provide a guideline for what one"ought"to do.What do these values mean in 9 P 9 9 Contact Us a public service context?Adopting or updating an agency's positive,value-based ethics code is an opportunity to have that discussion in a community. Such codes are one tool available to foster or . � �4kC Sc rChi ..._.......... reinforce a organizational culture of ethics.This section describes processes local agencies can juse to adopt such ethics codes,what such codes can contain and which jurisdictions have adopted T"' o such codes. j • Ethics Laws[previously labeled"Conflicting Interests"]. Even though the law only establishes . 1bu may tagin here, minimum standards for behavior in public service,these standards are complex indeed.This ......... Lrreria ' section offers a variety of tools and references to help local officials stay on the right side of ethics ....... FessrRrmi laws in California. ............: c o • Ethics Audits.Another tool for fostering a culture of ethics in an organization is the ethics audit. Learn what they are and what they can involve. • Campaign Ethics. For better or worse, most members of the public get their information and are paying closest attention to public agencies during election campaigns. Moreover, surveys indicate that some 81 percent of the public believes that attack-oriented campaigns undermine democracy. What constitutes ethical campaigning?Can ethical campaigns win?This section examines these issues. • Use of Public Resources. Public officials are stewards of the public's resources. Misuse of public resources can carry stiff penalties and can encompass a wide range of situations(for example, ballot measure advocacy).This section identifies such situations and analyzes the legal and ethical issues associated with each. • Public Processes.The public's confidence in the integrity of local agency decisions can also be affected by how open the decision-making process is.This section of the resource center collects information regarding the law and ethics of open government, including public participation. • Procurement.The fairness of local agency purchasing decisions can also form the basis of the business community's and others'confidence in the public agency. How can an agency inoculate its purchasing decisions from inappropriate influences? • Staff Relations. Public agencies make a substantial investment in their workforce,which constitute the primary engine by which the agency serves the public.What are elected officials'ethical obligations vis-a-vis agency staff and vice versa? In addition to offering these online resources to local officials,the Institute has produced a number of publications and videos on ethics issues for local officials. For information about purchasing such resources, please visit our publications page. last updated:7/5/2005 Copyright 02005 League of California Cities.All rights reserved.Privacy Policy. http://www.ilsg.org/index.jsp?displaytype=&section=conf&zone=ilsg&sub_sec=conf overview 1/6/2006 I. M 54951.1, 54951.7 CITIES, COUNTIES, & OTHER AGENCIES Repealed Title 5 Section 54951.7, added by Stats.1970; c. 710, cluded specified nonprofit corporations within h § 1, amended by Stats.1981, c. 968, § 24, in- the definition of local agency. § 54952. Legislative body, definition As used in this chapter, "legislative body" means: (a) The governing body of a local agency or any other local body created by :. state or federal statute. ' (b) A commission, committee, board, or other body of a local agency, whether permanent or temporary, decisionmaking or advisory, created by charter, ordinance, resolution, or formal action of a legislative body. However, advisory committees, composed solely of the members of the legislative body hlj which are less than a quorum of the legislative body are not legislative bodies, except that standing committees of a legislative body, irrespective of their i composition, which have a continuing subject matter jurisdiction, or a meeting schedule fixed by charter, ordinance, resolution, or formal action of a legisla- tivebody are legislative bodies for purposes of this chapter. (c)(1) A board, commission, committee, or other multimember body that governs a private corporation or entity that either: j. (A) Is created by the elected legislative body in order to exercise authority that may lawfully be delegated by the elected governing body to a private corporation or entity. X h (B) Receives funds from a local agency and the membership of whose g Y P governing body includes a member of the legislative body of the local agency appointed to that governing body as a full voting member by the legislative ' body of the local agency. i. (2) Notwithstanding subparagraph (B) of paragraph (1), no board, commis- : ,;. ' + sion, committee, or other multimember body that governs a private corporation or entity that receives funds from a local agency and, as of February 9, 1996, has a member of the legislative body of the local agency as a full voting member r i' of the governing body of that private corporation or entity shall be relieved a from the public meeting requirements of this chapter by virtue of a change in i� status of the full voting member to a nonvoting member. ' _.. (d) The lessee of any hospital the whole or part of which is first leased pursuant to subdivision (p) of Section 32121 of the Health and Safety Code s � . after January 1, 1994, where the lessee exercises any material authority of a { legislative body of a local agency delegated to it by that legislative body whether the lessee is organized and operated by the local agency or by a delegated authority. (Added by Stats.1953, c. 1588, p. 3270, § 1. Amended by Stats.1961, c. 1671, p. 3637, § 1; Stats.1993, c. 1138 (S.B.1140), § 3, operative April 1, 1994; Stats.1996, c. 1134 ' (S.B.1504),§ 1.) A Historical and Statutory Notes Operative effect of Stats.1993, c. 1138 (S.B. 1140), see Historical and Statutory Notes under s).' Government Code§ 54952.7. 130 I, 1' 1 as cu � cu .Q CD O ;:� w W N rS CD M, a Oo�G O Qui a ro �, CD n CD a OCD }-3 � p tin o C) td CO ^' o � b V co n G p Q � V) 00 CJ1 co o CD c n cr a ° w C4 cn 9, 1 a ° ° * 5 J o ° r - ��N.IAp^ ro �, N ° N `C a CCS V1