HomeMy WebLinkAboutMINUTES - 04051988 - 1.44 -ro- BOARD OF�SUPERVISORS 1--044
FROM: Phil Batchelor Cwtra
County Administrator (Jx JJIQ
DATE: March 29, 1988 C0^
SUBJECT:
Legislation: Assembly Bill 3992 (Frazee)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION
Adopt a. position of opposition to AB 3992 by Assemblyman Frazee
unless the bill is amended to limit its application to members of
advisory boards appointed by' the governing board.
BACKGROUND:
Existing law sets forth provisions regarding the liability of
public agencies and employees, claims against public agencies,
actions against public agencies and employees, payment of claims
and judgments and insurance with regard to these matters, and
defense of public employees. Existing .law defines "employee" for
these . purposes as an officer, judicial officer, employee or
servant whether ' or not compensated, not including an independent
contractor.
AB3992 would specifically include as an employee for these
purposes, an appointed or elected member of any body formed as an
advisory group to a public agency, whether compensated or not,
but still excluding an independent contractor.
County. Counsel points out that AB 3992, as written, would make
the County liable for the actions of persons whom the Board of
Supervisors has not appointed and over whom it ,has no control.
At the very least, the bill should. be amended to limit the
definition of "employee" to those persons who have been appointed
by the governing body to sit on advisory bodies. Unless this
amendment is made, County Counsel recommends that the Board of
Supervisors oppose AB 3992. This office j.oins in that
recommendation.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
_X RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE -
_X APPROVE OTHER
S 1 GNATURE S : /�
ACTION OF BOARD ON April 5. 1900 l APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS (ABSENT �� ) AND CORRECT COPY OF AN ACTION TAKEN
AYES; NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
CC: County Administrator' ATTESTED APR 1988
County Counsel
PHIL BATCHELOR, CLERK OF THE BOARD OF
Risk Manager SUPERVISORS AND COUNTY ADMINISTRATOR
Assemblyman Robert Frazee
Ralph Heim, Jackson/Barish
, /
M382/7-83 BY DEPUTY—
f .