BILL NUMBER: SB 274	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 29, 2005

INTRODUCED BY   Senator Romero

                        FEBRUARY 16, 2005

   An act to add Section 1129.5 to the Government Code, relating to
public service.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 274, as amended, Romero.  Incompatible offices: elected and
appointed positions.
   Existing statutory law forbids a local agency officer or employee
to engage in any employment, activity, or enterprise for compensation
which is inconsistent, incompatible, in conflict with, or inimical
to his or her duties as a local agency officer or employee or with
the duties, functions, or responsibilities of his or her appointing
power or the agency by which he or she is employed, except as
specified. The common law forbids the simultaneous holding of 2
offices that exercise sovereign power that are incompatible, 
as   the test for which is satisfied in each of the
following circumstances: (1)  when one office is superior to and
exercises some supervisory power over the other, or has the power to
remove the incumbent of the other or to audit the accounts of the
other  ,   (2) when there are inconsistent functions or
divided loyalties between the offices, or (3) when the nature and
duties of the 2 offices render it improper, from consideration of
public policy, for one incumbent to retain both  .
   This bill would, except as specified, provide that service on a
local appointed or elected governmental board, commission, committee,
or other body shall be deemed to be inconsistent, incompatible, in
conflict with, or inimical to the duties of service on another local
elected or appointed governmental board, commission, committee, or
other body, if  either of the bodies may audit, overrule,
remove members of, dismiss employees of, or exercise supervisory
powers over the other in any circumstance   the service
in the offices satisfies this common law test for incompatibility
 . It would require an elected or appointed member of one of 2
local governmental bodies in the above-described relation to resign
 prior to seeking election or appointment, or  prior
to accepting election or appointment  ,  to the
2nd, and would forbid the exercise of any of the powers of the first
after acceding to the 2nd.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1129.5 is added to the  Government Code , to
read:
   1129.5.  (a) Except as provided in   Section 1129, service
on an   Sections 1128 and 1129, and except as provided
by local ordinance, service on a  local appointed or elected
governmental board, commission, committee, or other body shall be
deemed to be inconsistent, incompatible, in conflict with, or
inimical to the duties of service on another elected or appointed
local governmental board, commission, committee, or other body
 , if either   in any of the following
circumstances: 
    (1)     Either  of the bodies may
audit, overrule, remove members of, dismiss employees of, or exercise
supervisory powers over the other in any circumstance.  
   (2) There is any significant clash of duties or loyalties between
the offices.  
   (3) Public policy considerations make it improper for one person
to hold both offices.  
    (b) An elected or appointed member of one of two local
governmental bodies described in subdivision (a) shall not seek
election or appointment to the second local governmental body prior
to resigning from the first.  
   (c) 
    (b)    An elected or appointed member of one of
two local governmental bodies described in subdivision (a) shall not
accept election or appointment to the second local governmental body
without resigning from the first, and shall not exercise any of the
powers of the first after acceding to the second.  
   (d) 
    (c)    This section shall not apply to a
governmental body that has only advisory powers.