AB 2158: Local educational agencies: ethics training.
- Session Year: 2021-2022
- House: Assembly
- Latest Version Date: 2022-09-13
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 a local agency to provide information on available ethics training to its officials and authorizes a local agency or an association of local agencies to offer the ethics training, as provided. Existing law requires a local agency to maintain specified records related to the ethics training of its officials. Existing law defines local agency and local agency official for these purposes.
This bill would include in the definition of local agency a school district, county office of education, and charter school for purposes of those ethics training requirements and would include in the definition of local agency official a member of the governing board of a school district, a county board of education, or the governing body of a charter school, 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. The bill would require each of those members in service as of January 1, 2025, except for members whose term of office ends before January 1, 2026, to receive that ethics training before January 1, 2026, and at least once every 2 years thereafter.
By imposing new duties on local educational agencies, the 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 the statutory provisions noted above.
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 a local agency to provide information on available ethics training to its officials and authorizes a local agency or an association of local agencies to offer the ethics training, as provided. Existing law requires a local agency to maintain specified records related to the ethics training of its officials. Existing law defines local agency and local agency official for these purposes.
This bill would include in the definition of local agency a school district, county office of education, and charter school for purposes of those ethics training requirements and would include in the definition of local agency official a member of the governing board of a school district, a county board of education, or the governing body of a charter school, 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. The bill would require each of those members in service as of January 1, 2025, except for members whose term of office ends before January 1, 2026, to receive that ethics training before January 1, 2026, and at least once every 2 years thereafter.
By imposing new duties on local educational agencies, the 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 the statutory provisions noted above.
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 a local agency to provide information on available ethics training to its officials and authorizes a local agency or an association of local agencies to offer the ethics training, as provided. Existing law requires a local agency to maintain specified records related to the ethics training of its officials. Existing law defines local agency and local agency official for these purposes.
This bill would include in the definition of local agency a school district, county office of education, and charter school for purposes of those ethics training requirements and would include in the definition of local agency official a member of the governing board of a school district, a county board of education, or the governing body of a charter school, 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. The bill would require each of those members in service as of January 1, 2025, except for members whose term of office ends before January 1, 2026, to receive that ethics training before January 1, 2026, and at least once every 2 years thereafter.
By imposing new duties on local educational agencies, the 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 the statutory provisions noted above.
Existing law establishes the After School Education and Safety Program with the purpose of creating incentives for establishing locally driven before and after school enrichment programs both during schooldays and summer, intersession, or vacation days that partner public schools and communities to provide academic and literacy support and safe, constructive alternatives for youth. Existing law defines certain terms, including summer/supplemental grant, for purposes of this program and other after school programs.This bill would make nonsubstantive changes to that definition.Existing law establishes the After School Education and Safety Program with the purpose of creating incentives for establishing locally driven before and after school enrichment programs both during schooldays and summer, intersession, or vacation days that partner public schools and communities to provide academic and literacy support and safe, constructive alternatives for youth. Existing law defines certain terms, including summer/supplemental grant, for purposes of this program and other after school programs.
This bill would make nonsubstantive changes to that definition.
For purposes of this article, the following definitions apply:
(a)Legislative body has the same meaning as specified in Section 54952.
(b)Local agency means a city, county, city and county, charter city, charter county, charter city and county, school district, county office of education, charter school, or special district.
(c)Local agency official means any of the following:
(1)A member of a local agency legislative body or an elected local agency official who receives any type of compensation, salary, or stipend or reimbursement for actual and necessary expenses incurred in the performance of official duties.
(2)An employee designated by a local agency governing body to receive the training specified under this article.
(3)A member of the governing board of a school district, a county board of education, or the governing body of a charter school, whether or not that member receives any type of compensation, salary, or stipend or reimbursement for actual and necessary expenses incurred in the performance of official duties.
(d)Ethics laws include, but are not limited to, the following:
(1)Laws relating to personal financial gain by public servants, including, but not limited to, laws prohibiting bribery and conflict-of-interest laws.
(2)Laws relating to claiming perquisites of office, including, but not limited to, gift and travel restrictions, prohibitions against the use of public resources for personal or political purposes, prohibitions against gifts of public funds, mass mailing restrictions, and prohibitions against acceptance of free or discounted transportation by transportation companies.
(3)Government transparency laws, including, but not limited to, financial interest disclosure requirements and open government laws.
(4)Laws relating to fair processes, including, but not limited to, common law bias prohibitions, due process requirements, incompatible offices, competitive bidding requirements for public contracts, and disqualification from participating in decisions affecting family members.
SEC. 2.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 officials public service every two years.
(c)If an entity develops curricula to satisfy the requirements of this section, then the Fair Political Practices Commission and the Attorney General shall be consulted regarding the sufficiency and accuracy of the proposed course content. When reviewing any proposed course content the Fair Political Practices Commission and the Attorney General shall not preclude an 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.
SEC. 3.Section 53235.1 of the Government Code is amended to read:53235.1.(a)Each local agency official in local agency service as of January 1, 2006, except for officials whose term of office ends before January 9, 2007, shall receive the training required by subdivision (a) of Section 53235 before January 1, 2007. Thereafter, each local agency official shall receive the training required by subdivision (a) of Section 53235 at least once every two years.
(b)(1)Except as provided in paragraph (2), each local agency official who commences service with a local agency on or after January 1, 2006, shall receive the training required by subdivision (a) of Section 53235 no later than one year from the first day of service with the local agency. Thereafter, each local agency official shall receive the training required by subdivision (a) of Section 53235 at least once every two years.
(2)Each local agency official who, as of January 1, 2025, is a member of the governing board of a school district, a county board of education, or the governing body of a charter school, except for officials whose term of office ends before January 1, 2026, shall receive the training required by paragraph (2) of subdivision (a) of Section 53235 before January 1, 2026. Thereafter, each local agency official who is a member of the governing board of a school district, a county board of education, or the governing body of a charter school shall receive the training required by paragraph (2) of subdivision (a) of Section 53235 at least once every two years.
(c)A local agency official who serves more than one local agency shall satisfy the requirements of this article once every two years without regard to the number of local agencies with which the official serves.
SEC. 4.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
For purposes of this article, the following definitions apply:
(a)Legislative body has the same meaning as specified in Section 54952.
(b)Local agency means a city, county, city and county, charter city, charter county, charter city and county, school district, county office of education, charter school, or special district.
(c)Local agency official means any of the following:
(1)A member of a local agency legislative body or an elected local agency official who receives any type of compensation, salary, or stipend or reimbursement for actual and necessary expenses incurred in the performance of official duties.
(2)An employee designated by a local agency governing body to receive the training specified under this article.
(3)A member of the governing board of a school district, a county board of education, or the governing body of a charter school, whether or not that member receives any type of compensation, salary, or stipend or reimbursement for actual and necessary expenses incurred in the performance of official duties.
(d)Ethics laws include, but are not limited to, the following:
(1)Laws relating to personal financial gain by public servants, including, but not limited to, laws prohibiting bribery and conflict-of-interest laws.
(2)Laws relating to claiming perquisites of office, including, but not limited to, gift and travel restrictions, prohibitions against the use of public resources for personal or political purposes, prohibitions against gifts of public funds, mass mailing restrictions, and prohibitions against acceptance of free or discounted transportation by transportation companies.
(3)Government transparency laws, including, but not limited to, financial interest disclosure requirements and open government laws.
(4)Laws relating to fair processes, including, but not limited to, common law bias prohibitions, due process requirements, incompatible offices, competitive bidding requirements for public contracts, and disqualification from participating in decisions affecting family members.
SEC. 2.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 officials public service every two years.
(c)If an entity develops curricula to satisfy the requirements of this section, then the Fair Political Practices Commission and the Attorney General shall be consulted regarding the sufficiency and accuracy of the proposed course content. When reviewing any proposed course content the Fair Political Practices Commission and the Attorney General shall not preclude an 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.
SEC. 3.Section 53235.1 of the Government Code is amended to read:53235.1.(a)Each local agency official in local agency service as of January 1, 2006, except for officials whose term of office ends before January 9, 2007, shall receive the training required by subdivision (a) of Section 53235 before January 1, 2007. Thereafter, each local agency official shall receive the training required by subdivision (a) of Section 53235 at least once every two years.
(b)(1)Except as provided in paragraph (2), each local agency official who commences service with a local agency on or after January 1, 2006, shall receive the training required by subdivision (a) of Section 53235 no later than one year from the first day of service with the local agency. Thereafter, each local agency official shall receive the training required by subdivision (a) of Section 53235 at least once every two years.
(2)Each local agency official who, as of January 1, 2025, is a member of the governing board of a school district, a county board of education, or the governing body of a charter school, except for officials whose term of office ends before January 1, 2026, shall receive the training required by paragraph (2) of subdivision (a) of Section 53235 before January 1, 2026. Thereafter, each local agency official who is a member of the governing board of a school district, a county board of education, or the governing body of a charter school shall receive the training required by paragraph (2) of subdivision (a) of Section 53235 at least once every two years.
(c)A local agency official who serves more than one local agency shall satisfy the requirements of this article once every two years without regard to the number of local agencies with which the official serves.
SEC. 4.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
For the purposes of this article, the following terms have the following meanings: definitions apply:
(a)Legislative body has the same meaning as specified in Section 54952.
(b)Local agency means a city, county, city and county, charter city, charter county, charter city and county, school district, county office of education, charter school, or special district.
(c)Local agency official means any of the following:
(1)Any A member of a local agency legislative body or any an elected local agency official who receives any type of compensation, salary, or stipend or reimbursement for actual and necessary expenses incurred in the performance of official duties.
(2)Any An employee designated by a local agency governing body to receive the training specified under this article.
(3)A member of the governing board of a school district, a county board of education, or the governing body of a charter school, whether or not that member receives any type of compensation, salary, or stipend or reimbursement for actual and necessary expenses incurred in the performance of official duties.
(d)Ethics laws include, but are not limited to, the following:
(1)Laws relating to personal financial gain by public servants, including, but not limited to, laws prohibiting bribery and conflict-of-interest laws.
(2)Laws relating to claiming perquisites of office, including, but not limited to, gift and travel restrictions, prohibitions against the use of public resources for personal or political purposes, prohibitions against gifts of public funds, mass mailing restrictions, and prohibitions against acceptance of free or discounted transportation by transportation companies.
(3)Government transparency laws, including, but not limited to, financial interest disclosure requirements and open government laws.
(4)Laws relating to fair processes, including, but not limited to, common law bias prohibitions, due process requirements, incompatible offices, competitive bidding requirements for public contracts, and disqualification from participating in decisions affecting family members.
SEC. 2.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 his or her the officials public service every two years.
(c)If any an entity develops curricula to satisfy the requirements of this section, then the Fair Political Practices Commission and the Attorney General shall be consulted regarding the sufficiency and accuracy of any the proposed course content. When reviewing any proposed course content the Fair Political Practices Commission and the Attorney General shall not preclude an 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)All providers 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.
SEC. 3.Section 53235.1 of the Government Code is amended to read:53235.1.(a)Each local agency official in local agency service as of January 1, 2006, except for officials whose term of office ends before January 9, 2007, shall receive the training required by subdivision (a) of Section 53235 before January 1, 2007. Thereafter, each local agency official shall receive the training required by subdivision (a) of Section 53235 at least once every two years.
(b)Each (1)Except as provided in paragraph (2), each local agency official who commences service with a local agency on or after January 1, 2006, shall receive the training required by subdivision (a) of Section 53235 no later than one year from the first day of service with the local agency. Thereafter, each local agency official shall receive the training required by subdivision (a) of Section 53235 at least once every two years.
(2)Each local agency official who, as of January 1, 2025, is a member of the governing board of a school district, a county board of education, or the governing body of a charter school, except for officials whose term of office ends before January 1, 2026, shall receive the training required by paragraph (2) of subdivision (a) of Section 53235 before January 1, 2026. Thereafter, each local agency official who is a member of the governing board of a school district, a county board of education, or the governing body of a charter school shall receive the training required by paragraph (2) of subdivision (a) of Section 53235 at least once every two years.
(c)A local agency official who serves more than one local agency shall satisfy the requirements of this article once every two years without regard to the number of local agencies with which he or she the official serves.
SEC. 4.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SECTION 1.Section 8482.1 of the Education Code is amended to read:8482.1.For purposes of this article, Article 19 (commencing with Section 8420), and Article 22.6 (commencing with Section 8484.7), the following definitions shall apply:(a)Expanded learning means before school, after school, summer, or intersession learning programs that focus on developing the academic, social, emotional, and physical needs and interests of pupils through hands-on, engaging learning experiences. It is the intent of the Legislature that expanded learning programs are pupil-centered, results driven, include community partners, and complement, but do not replicate, learning activities in the regular schoolday and school year.(b)Summer/supplemental grant means funding to operate a program in excess of 180 regular schooldays or during a combination of summer, intersession, or vacation periods.For purposes of this article, Article 19 (commencing with Section 8420), and Article 22.6 (commencing with Section 8484.7), the following definitions shall apply:
(a)Expanded learning means before school, after school, summer, or intersession learning programs that focus on developing the academic, social, emotional, and physical needs and interests of pupils through hands-on, engaging learning experiences. It is the intent of the Legislature that expanded learning programs are pupil-centered, results driven, include community partners, and complement, but do not replicate, learning activities in the regular schoolday and school year.
(b)Summer/supplemental grant means funding to operate any a program in excess of 180 regular schooldays or during any a combination of summer, intersession, or vacation periods.
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Date
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Status
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|---|---|
| Sep 13, 2022 | Chaptered by Secretary of State - Chapter 279, Statutes of 2022. |
| Sep 13, 2022 | Approved by the Governor. |
| Aug 30, 2022 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 23, 2022 | In Assembly. Ordered to Engrossing and Enrolling. |
| Aug 23, 2022 | Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 4979.). |
| Aug 22, 2022 | Ordered to special consent calendar. |
| Aug 11, 2022 | From committee: Do pass. (Ayes 7. Noes 0.) (August 11). |
| Jun 20, 2022 | In committee: Referred to suspense file. |
| Jun 8, 2022 | From committee: Do pass and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (June 8). Re-referred to Com. on APPR. |
| May 18, 2022 | Referred to Com. on ED. |
| May 5, 2022 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 5, 2022 | Read third time. Passed. Ordered to the Senate. (Ayes 61. Noes 0. Page 4579.) |
| Apr 28, 2022 | Read second time. Ordered to Consent Calendar. |
| Apr 27, 2022 | From committee: Do pass. To Consent Calendar. (Ayes 15. Noes 0.) (April 27). |
| Apr 7, 2022 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 6). Re-referred to Com. on APPR. |
| Mar 21, 2022 | Re-referred to Com. on ED. |
| Mar 17, 2022 | Referred to Com. on ED. |
| Feb 16, 2022 | From printer. May be heard in committee March 18. |
| Feb 15, 2022 | Introduced. To print. |
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Date
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Description
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Location
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Votes
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|---|---|---|---|---|
| Aug 23, 2022 | Special Consent AB2158 | Senate Floor |
Passed |
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| May 5, 2022 | AB 2158 Mike Fong Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
