BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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                                 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  
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          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







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          AGB:mel  4/14/05   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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