CC - Item 6A - Possible Opposition to Assembly Bill 779 /E yyy���M F
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TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: BILL R. MANIS, CITY MANAGER.5¢„N
DATE: SEPTEMBER 27,2016
SUBJECT: POSSIBLE OPPOSITION TO ASSEMBLY BILL 779 (REQUESTED BY
COUNCILMEMBER CLARK)
SUMMARY
This item is presented to the City Council at the request of Councilmember Clark. Please see a
proposed draft letter of opposition (Attachment A) and the language for Assembly Bill (AB) 779
(Attachment B).
STAFF RECOMMENDATION
Discuss and provide direction to staff.
FISCAL IMPACT -None
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared by:
La'
Marc Donohue, City Clerk
Attachment A: Draft Letter of Opposition —City of Rosemead
Attachment B: AB 779 Language
ITEM NUMBER: 6)F
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Attachment A
Draft Letter of Opposition — City of Rosemead
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September 27, 2016
The Honorable Edmund G. Brown,Jr.
Governor, State of California
State Capitol Building
Sacramento, CA 95814
Via FAX: (916) 558-3177
RE: AB 779 (Garcia) Local government: financial disclosures
Veto Request
Dear Governor Brown:
The City of Rosemead respectfully requests your veto of AB 779 (Garcia), which would require local
agencies to create an additional compensation report regarding their governing boards.
AB 779 creates redundant reporting by requiring the posting of a new, but substantially similar, report to
what is submitted to the State and posted to every agency's website. Current law already requires local
agencies to report the compensation of their government boards as well as all employees to the California
State Controller. These reports include the following items requested in AB 779 in the compilation of total
compensation: stipends, automobile allowance, technology allowance, phone allowance, pension
contributions, retirement contributions, health premiums, and any other type of compensation. AB 779
differs only in specifically requesting that unused vacation time be reported and that the different
compensation categories be broken out.
Existing forms and instructions are sufficient to accommodate the intent of this measure without requiring
duplicative reporting and posting. If the current compensation report submitted to the State Controller is in
some way insufficient, amending the existing report, rather than requiring a second, duplicative report,
would provide an efficient remedy.
Further, AB 779 requires agencies to report on the unused, but accrued, vacation time of their governing
board members. However, governing board members do not receive vacation time. This provision of the
bill was accidentally left in the language following an amendment removing the reporting requirements of
the 10 highest compensated agency employees.
For these reasons, the City of Rosemead respectfully urges your veto of AB 779.
Sincerely,
Sandra Armenta
Mayor
CC: The Honorable Cristina Garcia
Tom Dyer,Chief Deputy Legislative Secretary, Office of Governor Edmund G. Brown,Jr.
Jennifer Quan. League of California Cities,jguanncacities.org
Meg Desmond, League of California Cities, mdesmondid,cacities.org
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Attachment B
AB 779 Language
AMENDED IN SENATE AUGUST 3,2016
AMENDED IN SENATE AUGUST 2, 2016
AMENDED IN SENATE JUNE 2, 2016
AMENDED IN SENATE AUGUST 19,2015
AMENDED IN ASSEMBLY JUNE 1, 2015
AMENDED IN ASSEMBLY APRIL 14, 2015
AMENDED IN ASSEMBLY MARCH 26,2015
CALIFORNIA LEGISLATURE-2015-16 REGULAR SESSION
ASSEMBLY BILL No. 779
Introduced by Assembly Member Cristina Garcia
February 25, 2015
An act to add Section 53909 to the Government Code, relating to
local government.
LEGISLATIVE COUNSEL'S DIGEST
AB 779, as amended, Cristina Garcia. Local government: financial
disclosures.
Existing law requires a local agency,if it is required to report specified
information to the Controller and if it maintains an Internet Web site,
to post, in a conspicuous location on its Internet Web site, information
on the annual compensation of its elected officials, officers, and
employees, as specified.
This bill would require a city, county, city and county, or special
district, on or before April 30 of each year, to post—a—kink—on t;re
ho,,.epas., el'compensation information in a conspicuous location on
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AB779 —Z-
its Internet Web situ t., a pabe that contains the names, positions, and
total compensation,including a breakdown of the types of compensation
provided, of each elected official within that entity for the previous
Cak,,.da, calendar year. By increasing the duties of local officials,this
bill would impose a state-mandated local program.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
1 SECTION 1. Section 53909 is added to the Government Code,
2 to read:
3 53909. (a) A city, county, city and county, or special district
4 shall, on or before April 30 of each year, post a link
5 h.,....,yag..of compensation information in a conspicuous location
6 on its Internet Web sits t.,a pap,that contains the names,positions,
7 and total compensation, including a breakdown of the types of
8 compensation provided, of each elected official within that entity
9 for the previous calendar year. If a city or special district does not
10 have an Internet Web site, it shall compile this information and
1 l make that information readily available upon request.
12 (b) For purposes of this section"total compensation" includes
13 payments for salaries, overtime, unused vacation time, stipends,
14 pension contributions, retirement contributions, health premium
15 contributions, automobile allowances, phone allowances, and
16 technology allowances. Any other type of compensation that the
17 city,county,city and county, or special district provides shall also
18 be included and specified. "Total compensation"does not include
19 reimbursements or payments for work-related travel expenses.
20 (c) This section does not apply to school districts.
21 SEC. 2. If the Commission on State Mandates determines that
22 this act contains costs mandated by the state, reimbursement to
23 local agencies and school districts for those costs shall he made
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1 pursuant to Pail 7 (commencing with Section 17500) of Division
2 4 of Title 2 of the Government Code.
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