AMENDED IN ASSEMBLY MAY 20, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

96

CHAPTER 201

Statutes of 2024

[ Approved by Governor August 26, 2024. Filed with Secretary of State August 26, 2024. ]

Introduced by Assembly Member Mike Fong

February 14, 2024

An act to amend Section 53235 of the Government Code, relating to local government.

Vote: majority   Appropriation: no   Fiscal committee: yes   Local program: no

LEGISLATIVE COUNSEL’S DIGEST

Existing law requires all local agency officials to receive training in ethics, at specified intervals, if the local agency provides certain monetary payments to a member of a legislative body, as provided. Existing law requires all local agency officials who are members of specified public bodies to receive the above-described training, whether or not the member receives any type of compensation, salary, or stipend or reimbursement for actual and necessary expenses incurred in the performance of official duties. Existing law requires an entity that develops curricula to satisfy the above-described requirements to consult with the Fair Political Practices Commission and the Attorney General regarding the sufficiency and accuracy of the proposed course content. Existing law prohibits the Fair Political Practices Commission and the Attorney General, as specified, from precluding an entity from also including local ethics policies in the curricula.

This bill would require the Fair Political Practices Commission, in consultation with the Attorney General, to create, maintain, and make available to local agency officials an ethics training course, as specified.

The people of the State of California do enact as follows:

SECTION 1.

Section 53235 of the Government Code is amended to read:

53235.

(a) (1) If a local agency provides any type of compensation, salary, or stipend to a member of a legislative body, or provides reimbursement for actual and necessary expenses incurred by a member of a legislative body in the performance of official duties, then all local agency officials shall receive training in ethics pursuant to this article.

(2) All local agency officials who are members of the governing board of a school district, a county board of education, or the governing body of a charter school shall receive training in ethics pursuant to this article, whether or not any member receives any type of compensation, salary, or stipend or reimbursement for actual and necessary expenses incurred in the performance of official duties.

(b) Each local agency official shall receive at least two hours of training in general ethics principles and ethics laws relevant to the official’s public service every two years.

(c) (1) The Fair Political Practices Commission, in consultation with the Attorney General, shall create, maintain, and make available to local agency officials an ethics training course that satisfies the requirements of this section.

(2) (A) If another entity develops curricula to satisfy the requirements of this section, the entity shall consult with the Fair Political Practices Commission and the Attorney General regarding the sufficiency and accuracy of the proposed course content.

(B) When reviewing any proposed course content developed by another entity, the Fair Political Practices Commission and the Attorney General shall not preclude the entity from also including local ethics policies in the curricula.

(d) A local agency or an association of local agencies may offer one or more training courses, or sets of self-study materials with tests, to meet the requirements of this section. These courses may be taken at home, in-person, or online.

(e) A provider of training courses to meet the requirements of this article shall provide participants with proof of participation to meet the requirements of Section 53235.2.

(f) A local agency shall provide information on training available to meet the requirements of this article to its local officials at least once annually.