AB 1955 California Assembly · 2009-2010 Regular Session

Local government: compensation.

Summary
(1) Existing law charges the Controller with various duties, including, among others, superintending the fiscal concerns of the state. Existing law authorizes a city council to enact an ordinance providing each member of the city council a salary based on the population of the city, and to provide for other forms of compensation, as specified. This bill would require the Controller to determine, based on a review of public records or reported salary information, whether a city is an excess compensation city, as defined. The bill would authorize a city to request a hearing, as specified, to contest the Controller's determination. The bill would require the Controller, if the city does not request a hearing or if the Attorney General concurs with the Controller's determination after a hearing, to notify the city and the redevelopment agency in the city of the city's status as an excess compensation city, as prescribed. (2) The Community Redevelopment Law authorizes the establishment of redevelopment agencies in communities to address the effects of blight, as defined, in blighted areas in those communities known as project areas, and authorizes the agency to issue bonds. This bill would prohibit the agency, once the agency has received written notice from the Controller that the city is an excess compensation city, from adopting a redevelopment plan for a new project area or amending an existing redevelopment plan for existing project areas; from issuing new bonds, notes, interim certificates, debentures, or other obligations, as specified; and from encumbering any funds or expending any moneys derived from any source except as specified. (3) Existing law, the Ralph M. Brown Act, requires that all meetings of a legislative body of a local agency be open and public and all persons be permitted to attend unless a closed session is authorized. The act authorizes a legislative body to hold a closed session with the local agency's designated representatives regarding various issues, including compensation, regarding its represented and unrepresented employees, but the legislative body is prohibited from taking final action on the proposed compensation of one or more unrepresented employees. Existing law also requires that all contracts of employment with a local agency, as defined, for certain positions be ratified in an open session of the governing body and be reflected in the governing body's minutes. This bill would require that any individual contract of employment or amendment to a contract of employment with an employee who is or will be employed by, and report directly to, the legislative body of the local agency be ratified in an open session of the legislative body after prescribed information regarding the contract or amendment to the contract is made available in a conspicuous location on the local agency's Internet Web site, if it maintains one, and in a location that is freely accessible to the public, no later than 5 days prior to the meeting to ratify the contract or amend the contract. By expanding the duties of local officials, these provisions would impose a state-mandated local program. This bill would also specify that final action on the proposed compensation of one or more unrepresented employees who are to be employed by, and report directly to, the legislative body of the local agency only be taken in open session, consistent with the prescribed disclosure requirements. By expanding the duties of local officials, these provisions would impose a state-mandated local program. (4) The bill would express a legislative finding and declaration that, to ensure the statewide integrity of local government, disclosure of compensation paid to officers and designated employees is an issue of statewide concern and not a municipal affair and that, therefore, all cities, including charter cities, would be subject to the provisions of the bill. (5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. (6) This bill would declare that it is to take effect immediately as an urgency statute.
Bill status died 4 of 5 stages cleared
Introduction
Feb 2010
Committee Review
Aug 2010
Assembly Passage
Apr 2010
Senate Passage
Aug 2010
Governor
Introduced Feb 17, 2010 Last action Nov 30, 2010
Floor votes · Senate Aug 31, 2010 · Assembly Apr 29, 2010

How they voted

330
Passed · 2 other
Total votes 35
Aug 31, 2010
D Democratic23
21 Yea 2
91% Yea
R Republican12
12 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
39
Key actions
9
Committee
12
Amendments
7
Aug 31, 2010
Senate · Passed
Senate Vote: pass (33-0-2)
senate
Aug 30, 2010
Introduced
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on RLS.
upper
Aug 30, 2010
Committee
Re-referred to Com. on RLS.
upper
Aug 27, 2010
Upper · Passed
From committee: Do pass. (Ayes 7. Noes 4.) (August 27).
upper
Aug 20, 2010
Introduced
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.
upper
Aug 18, 2010
Introduced
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.
upper
Aug 12, 2010
Upper · Passed
From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 3. Noes 1.) (August 11).
upper
Aug 12, 2010
Upper · Passed
In committee: Reconsideration granted.
upper
Aug 10, 2010
Introduced
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on L. GOV.
upper
Jun 23, 2010
Introduced
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on L. GOV.
upper
Jun 15, 2010
Upper · Passed
In committee: Set, first hearing. Hearing canceled at the request of author.
upper
May 13, 2010
Committee
Referred to Com. on L. GOV.
upper
Apr 29, 2010
Assembly · Passed
Assembly Vote: pass (57-0-4)
assembly
Apr 22, 2010
Lower · Passed
From committee: Do pass. (Ayes 8. Noes 0.) (April 21).
lower
Apr 13, 2010
Committee
Re-referred to Com. on L. GOV.
lower
Apr 12, 2010
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on L. GOV. Read second time and amended.
lower
Apr 5, 2010
Lower · Passed
In committee: Set, first hearing. Hearing canceled at the request of author.
lower
Mar 22, 2010
Committee
Re-referred to Com. on L. GOV.
lower
Mar 18, 2010
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on L. GOV. Read second time and amended.
lower
Mar 4, 2010
Committee
Referred to Com. on L. GOV.
lower
Feb 18, 2010
Lower · Passed
From printer. May be heard in committee March 20.
lower
1 primary · 8 co-sponsors

Sponsors