BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 274| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 445-6614 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: SB 274 Author: Romero (D) Amended: 4/13/05 Vote: 21 SENATE LOCAL GOVERNMENT COMMITTEE : 6-0, 4/6/05 AYES: Kehoe, Cox, Ackerman, Machado, Soto, Torlakson NO VOTE RECORDED: McClintock SUBJECT : Incompatible offices: elected and appointed positions SOURCE : Author DIGEST : This bill prohibits an elected or appointed member of a government body from accepting election or appointment to a second government body without resigning from the first. This bill prohibits a person from exercising the powers of the first office after acceding to the second office. ANALYSIS : Currently, the common law forbids the simultaneous holding of two offices that exercise sovereign power that are incompatible. This bill declares that service on a governmental board, commission, committee, or other body is incompatible with service on another governmental board, commission, committee, or body if the service in the offices satisfies this common law test for incompatibility: (1) either body CONTINUED SB 274 Page 2 can audit, overrule, remove members of, dismiss employees of, or supervise the other body, (2) there is a significant clash of duties or loyalties, or (3) public policy makes it improper for a person to hold both offices. This rule does not apply to advisory bodies. This bill prohibits an elected or appointed member of a government body from accepting election or appointment to a second government body without resigning from the first. This bill prohibits a person from exercising the powers of the first office after acceding to the second office. This bill recognizes three exceptions to the new statutory rule: (1) an attorney employed by a local agency in a nonelective position does not create a conflict, (2) serving as a director of the Local Agency Self-Insurance Authority does not create a conflict for a local agency's officers or employees, and (3) where a local ordinance provides an exception. Comments The common law doctrine is perfectly clear--one person cannot hold two incompatible offices. Decades of court decisions and Attorney Generals' opinions have spelled out the three tests for incompatibility. Nevertheless, a few local officials still try to hang onto positions that have inherent conflicts. Some even refuse to leave office, even when their errors are known. By codifying the common law doctrine, this bill spells out the three tests and the consequences in black-and-white. NOTE: For more detailed discussion regarding common law doctrine, please refer to the Senate Local Government Committee analysis. FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local: No SUPPORT : (Verified 4/13/05) Mayor, City of La Puente SB 274 Page 3 AGB:mel 4/14/05 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****