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HomeMy WebLinkAboutMINUTES - 03052002 - C20 �t TO: BOARD OF SUPERVISORS ,ore CONTRA. COSTA FROM: John Sweeten, County Administrat©r COUNTY � 1 i DATE: March 5, 2002 }' SUBJECT: AS 9114 (Canciamilla) - Support SPECIFIC REQUESTS)'OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMWN[St ENDATIO SUPPORT AB 1714 (Canciamilla), which amends existing law prohibiting use of state resources by state officials for campaign activities, personal, or other unauthorized purposes, by instead' prohibiting use of all public resources by Mate or local elected officials or other personnel. BAC:KGROUNDIREASO S)FOR RECOM ENDATICNN S Existing law makes it unlawful for any elected state officer, appointed employee or€onsultant°to use, or permit others to use, state resources for campaign activity or personal or other purposes that are not authorized by law. Existing law also provides that the incidental and minimal use of state resources is not unlawful. AS 1714 expands this prohibition to include the use "public resources" and also applies the prohibition to any local officer, any local appointee, employee or consultant. AB 1714 also provides that the incidental and minimal use of public resources is not subject to criminal prosecution. Assemblyman Canciamilla has requested that the Contra Costa County Board of Supervisors consider support of this bill. The District Attorney has reviewed the bill and recommends a position of support. CONTINUED ON ATTACHMENT: —YES SIGNATURE: REC iYIE_6XT1ON 01:COUNTY ADMINISTRATOR_REC01AMENt'?A N pF BOA ITTEE —APPROVE —OTHER SIGNATURE(S): ACTION OF BOARD ON March 5;_ Z(, 7#�_ APPROVED AS RECOMMENDED _OTHER VOTE OF SUPERVISORS X UNANIMOUS(ABSENT Norie I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ABSENT: ABSTAIN: ON MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contaut:Sara Hoffman,335-1090 ATTESTED March 5, 2002 JOHN SWEETEN,CLERK OF THE BOARD OF SUPERVISORS ec: CAO AND COUNTY ADMINISTRATOR Gary Yaneey,Dict Attorney County lobbyist DEPUTY AMENDED IN SENATE FEBRUARY 25,2002 AMENDED IN SENATE JULY 21, 2001 AMENDED IN ASSEMBLY JUNE`S,2001 AMENDED IN ASSEMBLY;MAY''=9,2001 C.ALWORNU LEGISI.AWRE-2001-02UGULAR SESSION_ ASSEMBLY BILL No.,1714 Introduced by and Vmgas)-Assembly Member Canclamilla March 7,2001 An act to amend--.Section 8314 of the Government Code, and to amend' Section 424''of the Penal Code, relating to public resources. LEGISLCWE COUNSEL'S DIGfEST AB 1714, as amended, , Canciamilla. Voter regi Public resources:prohibited uses. Existing law makes it unlawful for any elected,state officer, , appointee, employee,or consultant to use or permit others to use state resources,for a'campaign activity,or personal or other p poses that are not authorized:try law'Existing law also provides that the;incidental and minimal use of state resources is not unlawful.' 95 1 AB 1714 ---2 This bill instead would prohibit the use of public resourcesa for the activities specified'above and would also apply this prohibition to any elected local officer and any local appointee,employee, or consultant The bill would also provide that the incidental and minimal use of public resources is not subject to criminal prosecution. , , ,that the voter's at voting Petit voter's name w91"pear on the indm enly if the~regWared at 1 ftftdz Vote: majority. Appropriation.: no. Fiscal committee: no. State-mandated local program:no. The people of the State of California do enact as follows: 1 2 SECTION 1. Section 8314 o,f the Government Code is 3 amended to read: 4 8314. (a) It shall be unlawful for any elected state,or local 5 officer, including any state or local appointee, employee, or 6consultant,to use or permit others to use sw public resources for 7 a campaign activity,or personal or other purposes which are not 8 authorized by law. 9 (b) For purposes of this section: 10 (,1) "Personal purpose" means those activities the purpose of 11 which is for personal enjoyment,private gain or advantage,or an 12 outside endeavor not related to state business.. "Personal purpose" 13 does not include em eeeaSieftt4 tekPhme eft1h or an the incidental 14 and minimal use of state public resources,such as;equipment or 15 office space, for personal purposes, including an occasional 16 telephone call. 17 (2) "Campaign activity" :means an activity constituting a 18 contribution as defined in Section 82015 or an expenditure as 19 defined in"Section 82025. "Campaign activity" does not include 45 -3— .A.B 1714 1 the incidental and minimal use of s public resources,such as 2 equipment or office space,for campaign purposes,including the 3 referral of unsolicited political retail,telephone calls,and visitors 4 to private political entities. 5 (3) "'State "Public resources" means any *a* property or asset o~d by the state or any local'agency, including, but not 7 limited to suer`land, buildings, facilities, funds, equipment, 8 supplies, telephones, computers, vehicles, travel, and state 9 compensated time. 10 (4) "Use" means a:use of stft public resources which is 11 substantial enough to result in a gain or advantage to the user or a 12 loss to the state or any local agemy for which a monetary value 13 may be estimated. 14 (c) (1) Any person who intentionally or negligently violates, 15 this section shall be liable for a civil penalty not to exceed one 16 thousand dollars' ($1,004) for each day on which a violation 17 occurs, plus three times the value of the unlawful use of se 18 public resources.The penalty shall be assessed and recovered in 19 a civil action brought in the name of the people of the State of 213 California`,by the Attorney General or by any district attorney or 21 any city attorney of a city having, a population in excess of 22 750,000.if two or more persons are responsible for;any violation, 23 they shall be jointly and severally liable for the penalty. 24 (2) If the action is brought by the Attorney General,the moneys 25 recovered'shall be paid into the General Fund If the action is 26 brought by a district attorney,the moneys recovered shall be paid 27 to the treasurer of the county in which the judgment was entered. 28 If the action is brought by a city attorney,the moneys recovered 29 shall be paid to the treasurer of that city. 30 (3) No civil action alleging a violation of this section shall be 31 commenced more than four years after the date the alleged 32 violation occurred. 33 (d) Nothing in this section shall prohibit the use of she public 34 resources for providing information to the public about the 35 possible effects of any bond issue or other ballot measure on state 36 activities, operations, or policies, provided that (1) the 37 informational activities are otherwise authorized by the 38 constitution or laws of this state,and(2)the information provided 39 constitutes a fair and impartial presentation of relevant facts to aid 95 AB 1714 —4- 1 -4--1 the electozate in reaching an informed judgment regarding the 2 bond issue or ballot measure. 3 (e) Ae incidental and minimal use ofpublic`public resources by an 4 eluted state or local officer, including any state or local 5 appointee, employee,or consultant,pursuant to this section shall 6 not be subject to prosecution under Section 424 o,f'the Penal Cvde, 7 SEC. 2. Section 424 of the Penal Code is amended to read: 8 424. (a) Each officer of this state, or of any county, city, 9 town, or district of this nate,and every other person charged with to the receipt, safekeeping, transfer, or disbursement of public 11 moneys,who either: 12 1. Without authority of law, appropriates the:same, or any 13 portion thereof,to his own use, or to the use of another, or, 14 2. Loans the same'or any portion thereof;makes any profit 15 out of,or uses the same for any purpose not authorized by law; 16 or, 17 3. Knowingly keeps any"false account, or makes any false 18 entry or erasure in any account of or relating to the same, or, 19 4. Fraudulently alters, falsifies, conceals, destroys, or 20 obliterates any such account;or, 21 5. Willfully refuses or omits to pay over, on demand, any 22 public moneys in his hands,upon the presentation of a draft, 23 order, or warrant drawn upon such moneys by competent 24 authority, or,, 25 6. Willfully omits to transfer the same,when such transfer is 26 required by law,or, 27 7. Willfully omits or refuses to pay over to any officer or 28 person authorized by law to receive the same, any money 29 received by him under any duty imposed by law so to pay over 30 the same,-- 31 is punishable by imprisonment'in the state prison for two,three or 32 four yearn and is disqualified from holding any office in this state, 33 (b) As used in this section, "public moneys" includes the 34 proceeds derived from the sale of bonds or other evidence or 35 indebtedness authorized'by the legislative body of any city,county, 36 district,or public agency: 37 (c) This section docs not apply to the incidental and minimal 38 use of public resources authorized by Section: 8314 of the 39 Government Cade, 40 to read, 95 1 174 5 1 2 8 1 11 , 14' 1� 1 1 2� V. 24' 719 31 37, 3 33 34 3 3 ss 3` 40 2 b 8 11 14 Y 1 1 1_ 19 �s