Existing law, commonly known as the code of ethics, prohibits a Member of the Legislature or an employee of either house of the Legislature from receiving or agreeing to receive, directly or indirectly, any compensation, reward, or gift from any source except the State of California for any service, advice, assistance, or other matter related to the legislative process, except for specified circumstances. Under existing law, the services of a California Science and Technology Policy Fellow provided by the California Council on Science and Technology and duly authorized by the Senate Committee on Rules, the Assembly Committee on Rules, or the Joint Committee on Rules are not compensation, a reward, or a gift to a Member of the Legislature for purposes of the code of ethics, and the fellow is not an employee of either house of the Legislature for these purposes, provided that certain requirements are met.

This bill would similarly clarify that the services of a California Science and Technology Policy Fellow duly authorized by an executed memorandum of understanding between the California Council on Science and Technology and an executive branch agency or department, as specified, are not a gift for purposes of the Political Reform Act of 1974 and not compensation of a state elective or appointive officer. The bill would also similarly clarify that the fellow is not included in state civil service for the purposes of the State Civil Service Act. The bill would state that these provisions are declaratory of existing law.

Existing law prohibits a Member of the Legislature, state elective or appointive officer, or judge or justice from having any interest, engaging in any business, transaction, or professional activity, or incurring any obligation that is in substantial conflict with the proper discharge of their duties in the public interest and of their responsibilities, as specified.

Under this bill, the services of a California Science and Technology Policy Fellow, as specified, would not be an interest, business, transaction, professional activity, or obligation of a Member of the Legislature, state elective or appointive officer, judge, or justice that is in substantial conflict with the proper discharge of their duties in the public interest or of their responsibilities.

Existing law, commonly known as the code of ethics, prohibits a Member of the Legislature or an employee of either house of the Legislature from receiving or agreeing to receive, directly or indirectly, any compensation, reward, or gift from any source except the State of California for any service, advice, assistance, or other matter related to the legislative process, except for specified circumstances. Under existing law, the services of a California Science and Technology Policy Fellow provided by the California Council on Science and Technology and duly authorized by the Senate Committee on Rules, the Assembly Committee on Rules, or the Joint Committee on Rules are not compensation, a reward, or a gift to a Member of the Legislature for purposes of the code of ethics, and the fellow is not an employee of either house of the Legislature for these purposes, provided that certain requirements are met.

This bill would similarly clarify that the services of a California Science and Technology Policy Fellow duly authorized by an executed memorandum of understanding between the California Council on Science and Technology and an executive branch agency or department, as specified, are not a gift for purposes of the Political Reform Act of 1974 and not compensation of a state elective or appointive officer. The bill would also similarly clarify that the fellow is not included in state civil service for the purposes of the State Civil Service Act. The bill would state that these provisions are declaratory of existing law.

Existing law prohibits a Member of the Legislature, state elective or appointive officer, or judge or justice from having any interest, engaging in any business, transaction, or professional activity, or incurring any obligation that is in substantial conflict with the proper discharge of their duties in the public interest and of their responsibilities, as specified.

Under this bill, the services of a California Science and Technology Policy Fellow, as specified, would not be an interest, business, transaction, professional activity, or obligation of a Member of the Legislature, state elective or appointive officer, judge, or justice that is in substantial conflict with the proper discharge of their duties in the public interest or of their responsibilities.

Existing law, commonly known as the code of ethics, prohibits a Member of the Legislature or an employee of either house of the Legislature from receiving or agreeing to receive, directly or indirectly, any compensation, reward, or gift from any source except the State of California for any service, advice, assistance, or other matter related to the legislative process, except for specified circumstances. Existing law provides that Under existing law, the services of a California Science and Technology Policy Fellow provided by the California Council on Science and Technology and duly authorized by the Senate Committee on Rules, the Assembly Committee on Rules, or the Joint Committee on Rules are not compensation, a reward, or a gift to a Member of the Legislature for purposes of the code of ethics, and that such a the fellow is not an employee of either house of the Legislature for these purposes, provided that certain requirements are met.

This bill would extend the application of these provisions to similarly clarify that the services of a California Science and Technology Policy Fellow duly authorized by an executed memorandum of understanding between the California Council on Science and Technology and an executive branch agency or department, and would as specified, are not a gift for purposes of the Political Reform Act of 1974 and not compensation of a state elective or appointive officer. The bill would also similarly clarify that such a the fellow is not an employee of the state included in state civil service for the purposes of the code of ethics, provided that certain requirements are met. The bill would expand the means by which a fellow could satisfy these requirements, including by being selected according to criteria and through a process included in the executed memorandum of understanding, and by agreeing to abide by standards of conduct, economic interest disclosure requisites, and other requirements specified by the state. the State Civil Service Act. The bill would state that these provisions are declaratory of existing law.

Existing law, commonly known as the code of ethics, prohibits a Member of the Legislature or an employee of either house of the Legislature from receiving or agreeing to receive, directly or indirectly, any compensation, reward, or gift from any source except the State of California for any service, advice, assistance, or other matter related to the legislative process, except for specified circumstances. Existing law provides that the services of a California Science and Technology Policy Fellow provided by the California Council on Science and Technology and duly authorized by the Senate Committee on Rules, the Assembly Committee on Rules, or the Joint Committee on Rules are not compensation, a reward, or a gift to a Member of the Legislature for purposes of the code of ethics, and that such a fellow is not an employee of either house of the Legislature for these purposes, provided that certain requirements are met.

This bill would extend the application of these provisions to a California Science and Technology Policy Fellow duly authorized by an executed memorandum of understanding between the California Council on Science and Technology and an executive branch agency or department, and would clarify that such a fellow is not an employee of the state for the purposes of the code of ethics, provided that certain requirements are met. The bill would expand the means by which a fellow could satisfy these requirements, including by being selected according to criteria and through a process included in the executed memorandum of understanding, and by agreeing to abide by standards of conduct, economic interest disclosure requisites, and other requirements specified by the state.

SENATE THIRD READING

STR Bill Id:SB 698

Author:(Wilk and Portantino)

As Amended Ver:April 24, 2023

Majority vote

SUMMARY

Clarifies several code of ethics and Political Reform Act (PRA) of 1974 laws relating to the services of a California Science and Technology (CST) Policy Fellow provided by the California Council on Science and Technology (CCST).

Major Provisions

1. Clarify that the services of a CST Policy Fellow provided by the CCST authorized by a memorandum of understanding (MOU) between a legislative employer, executive branch agency or department, or judicial branch agency or department, are not an interest, business, transaction, professional activity, or obligation of a Member of the Legislature, state elective or appointive officer, or judge or justice, as applicable, that is in substantial conflict with the proper discharge of their duties in the public interest or their responsibilities.
2. Similarly clarify that services of a CST Policy Fellow, as provided, do not constitute compensation of a state elective or appointive officer for these purposes.
3. Establish that the "state civil services" does not include a CST Policy Fellow provided by the CCST under a MOU between the CCST and an executive branch agency or department.
4. Establish for these purposes that a CST Policy Fellow is duly authorized by an executed MOU between the CCST and an executive branch agency or department only if both of the following requirements are met:
5. The CST Policy Fellow has been selected according to criteria, and pursuant to a process, including in the MOU between the CCST and the applicable public entity; and,
6. The CCST has executed an agreement with the applicable public entity where the CST Policy Fellow is bound to abide by standards of conduct, economic interest disclosure requisites, and other requirements by the state.
7. Establish that the services of a CST Policy Fellow provided by the CCST under a MOU between the CCST and an executive branch agency or department are not a gift to a state elective or appointive officer for these purposes.
8. Establish that these provisions do not constitute a change in, but is declaratory of, existing law.

COMMENTS

1. Background

The CCST Policy Fellowship program annually recruits and trains a cohort of Ph.D. scientists and engineers to spend a year working in the Legislature and the Executive Branch. The CCST began with Legislative placements in 2010 and then expanded to also include Executive Branch placements in 2019.

Current law specifies that placement of a CCST Science Fellow in a Legislative office does not constitute compensation, a reward, or a gift to the Member of the Legislature for which they would not be allowed to accept. Unfortunately, this law did not expressly state these provisions for placements in the Executive branch, so clarification is needed."

1. Equity Solutions and Maximizing Benefits for Underserved and Marginalized Communities

Pursuant to House Resolution (HR) 39 (Gipson, 2021), to continue the Assembly's commitment to investing in equity solutions and maximizing benefits for underserved and marginalized communities, legislative analyses of the Assembly must discuss the equity impact that a bill will, or may, have on such communities, if any.

This bill does not present a particular focus towards addressing equity in relation to maximizing benefits for underserved or marginalized communities as articulated in HR 39. However, under a broader context, the author asserts that, CCST Science Fellows placed in executive branch offices are exposed to and work on a wide variety of special projects that have had a positive impact on California's underserved and marginalized communities, and in which their work promotes equitable policy solutions for the State. In this capacity, CCST Policy Fellows can facilitate panels to discuss important state policy items or issues and include the voices of marginalized community members.

1. Please see the policy committee analysis for a full discussion of this bill.

According to the Author

"This bill would expand upon [existing law] by making the necessary clarification that placement of these fellows in the Executive Branch also does not constitute compensation, a reward, or a gift."

Arguments in Support

The CCST states in part that, "[o]ver the years, [the] CCST has fostered engagement with policymakers, scientific experts from academic and research institutions throughout California, and beyond to ensure that major policy decisions are informed with science. In addition, [the] CCST's Science Fellows program has enable 159 Ph.D.-level scientists and engineers to serve and learn in legislative and executive branch offices. Over 40 percent have continued their public service after their fellowship year. California's need for science-savvy policy professionals will only grow as California expands its actions to address climate, water, housing, and other crises. [This bill] narrowly extends provisions [in existing law] to also apply to executive fellows."

Arguments in Opposition

None received.

FISCAL COMMENTS

None. This bill is keyed nonfiscal by Legislative Counsel.

VOTES

SENATE FLOOR: 37-0-3

YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener

ABS, ABST OR NV: Blakespear, Glazer, Wilk

ASM PUBLIC EMPLOYMENT AND RETIREMENT: 7-0-0

YES: McKinnor, Lackey, Bryan, Vince Fong, Haney, Stephanie Nguyen, Schiavo

UPDATED

VERSION: April 24, 2023

CONSULTANT: Michael Bolden / P. E. & R. / (916) 319-3957 FN: 0001093

Date of Hearing: June 14, 2023

ASSEMBLY COMMITTEE ON PUBLIC EMPLOYMENT AND RETIREMENT

Tina S. McKinnor, Chair

SBPCA Bill Id:SB 698

Author:(Wilk) – As Amended Ver:April 24, 2023

SENATE VOTE: 37-0

SUBJECT: California Council on Science and Technology Policy Fellows: status of services

SUMMARY: Clarifies several code of ethics and Political Reform Act (PRA) of 1974 laws relating to the services of a California Science and Technology (CST) Policy Fellow provided by the California Council on Science and Technology (CCST). Specifically, this bill:

1. Clarifies that the services of a CST Policy Fellow provided by the CCST authorized by a memorandum of understanding (MOU) between a legislative employer, as specified, executive branch agency or department, or judicial branch agency or department, are not an interest, business, transaction, professional activity, or obligation of a Member of the Legislature, state elective or appointive officer, or judge or justice, as applicable, that is in substantial conflict with the proper discharge of their duties in the public interest or their responsibilities.
2. Similarly clarifies that services of a CST Policy Fellow, as provided, do not constitute compensation of a state elective or appointive officer for these purposes.
3. Establishes that the “state civil services” does not include a CST Policy Fellow provided by the CCST under a MOU between the CCST and an executive branch agency or department.
4. Establishes for these purposes that a CST Policy Fellow is duly authorized by an executed MOU between the CCST and an executive branch agency or department only if both of the following requirements are met:
5. The CST Policy Fellow has been selected according to criteria, and pursuant to a process, including in the MOU between the CCST and the applicable public entity, as specified; and,
6. The CCST has executed an agreement with the applicable public entity, as specified, where the CST Policy Fellow is bound to abide by standards of conduct, economic interest disclosure requisites, and other requirements by the state.
7. Establishes that the services of a CST Policy Fellow provided by the CCST under a MOU between the CCST and an executive branch agency or department are not a gift to a state elective or appointive officer for these purposes.
8. Establishes that these provisions do not constitute a change in, but is declaratory of, existing law.

EXISTING LAW:

1. Requests through a legislative resolution that the President of the University of California, in collaboration with the presidents of the University of Southern California, the California Institute of Technology, Stanford University, and the Chancellor of the California State University, to establish the CCST for the purpose of reporting to the presidents and the chancellor, and responding appropriately to the Governor, the Legislature, and other relevant entities on public policy issues significantly related to science and technology.^[1]
2. Recognizes, among other related legislative findings and declarations, that the CCST was formed as a 501(c)(3) corporation to provide expert, unbiased advice to various agencies of state government in connection with science and technology policy issues, and in 2009 began placing Ph.D.-level, or equivalent, scientists, engineers, and other experts in legislative offices for the purpose of providing Members, committees, and legislative staff with unbiased advice in connection with science and technology-related legislation.^[2]
3. Prohibits, pursuant to the PRA of 1974, an elected state officer, elected officer of a local government agency, or other specified individual from accepting gifts from any single source in any calendar year with a total value of more than two hundred fifty dollars ($250); defines “gift” to mean any payment, except as specified, that confers a personal benefit on the recipient, to the extent that consideration of equal or greater value is not received and includes a rebate or discount in the price of anything of value unless the rebate or discount is made in the regular course of business to members of the public without regard to official status; and, establishes that a gift is both “received” and “accepted” when the public official, or the official’s immediate family member, knowingly takes actual possession of the gift, is provided the benefit of the gift, or takes any action exercising direction or control of the gift.^[3]
4. Establishes a code of ethics for members of the legislature, state elective or appointive officers, or judges which prohibits them while serving as such, from having any interest, financial or otherwise, direct or indirect, or engaging in any business or transaction or professional activity, or incurring any obligation of any nature, that is in substantial conflict with the proper discharge of their duties in the public interest and of their responsibilities as prescribed in the laws of this state.

The code also prohibits them from receiving or agreeing to receive, directly or indirectly, any compensation, reward, or gift from any source except the State of California for any service, advice, assistance or other matter related to the legislative process, except fees for speeches or published works on legislative subjects and except, in connection therewith, reimbursement of expenses for actual expenditures for travel and reasonable subsistence for which payment or reimbursement is not made by the State of California.^[4]

1. Specifies that the services of a CCST Policy Fellow are not compensation, a reward, or a gift to a Member of the Legislature for which the receipt thereof constitutes a prohibited act pursuant to the legislative code of ethics, as specified.^[5]

FISCAL EFFECT: This bill is keyed nonfiscal by Legislative Counsel.

COMMENTS: According to information provided by the author, “[t]he CCST Policy Fellowship program annually recruits and trains a cohort of Ph.D. scientists and engineers to spend a year working in the Legislature and the Executive Branch. [The] CCST began with Legislative placements in 2010 and then expanded to also include Executive Branch placements in 2019.

“Current law specifies that placement of a CCST Science Fellow in a Legislative office does not constitute compensation, a reward, or a gift to the Member of the Legislature for which they would not be allowed to accept. Unfortunately, this law did not expressly state these provisions for placements in the Executive branch, so clarification is needed.”

For these purposes the author states that, “[this bill] would expand upon [existing law] by making the necessary clarification that placement of these fellows in the Executive Branch also does not constitute compensation, a reward, or a gift.

1. Equity Solutions and Maximizing Benefits for Underserved and Marginalized Communities

Pursuant to House Resolution (HR) 39 (Gipson, 2021), to continue the Assembly’s commitment to investing in equity solutions and maximizing benefits for underserved and marginalized communities, legislative analyses of the Assembly must discuss the equity impact that a bill will, or may, have on such communities, if any.

This bill does not present a particular focus towards addressing equity in relation to maximizing benefits for underserved or marginalized communities as articulated in HR 39. However, under a broader context, the author asserts that, CCST Science Fellows placed in executive branch offices are exposed to and work on a wide variety of special projects that have had a positive impact on California’s underserved and marginalized communities, and in which their work promotes equitable policy solutions for the State. In this capacity, CCST Policy Fellows can facilitate panels to discuss important state policy items or issues and include the voices of marginalized community members.

1. Comments by Supporters

The CCST states in part that, “[o]ver the years, [the] CCST has fostered engagement with policymakers, scientific experts from academic and research institutions throughout California, and beyond to ensure that major policy decisions are informed with science. In addition, [the] CCST’s Science Fellows program has enable 159 Ph.D.-level scientists and engineers to serve and learn in legislative and executive branch offices. Over 40 percent have continued their public service after their fellowship year. California’s need for science-savvy policy professionals will only grow as California expands its actions to address climate, water, housing, and other crises. [This bill] narrowly extends provisions [in existing law] to also apply to executive fellows.”

1. Comments by Opponents

None on file.

1. Prior or Related Legislation

Chapter 117, Statutes of 2009 (Assembly Bill 573, Portantino) clarified that the services of a CCST Policy Fellow provided by the CCST and authorized by the legislative employer, as provided, are not compensation, a reward, or gift to a Member of the Legislature.

Resolution Chapter 148, Statutes of 1988 (Assembly Concurrent Resolution 162, Farr) requested the creation of the CCST.

REGISTERED SUPPORT / OPPOSITION:

Support

California Council on Science and Technology (Sponsor)

Opposition

None on file.

Analysis Prepared by: Michael Bolden / P. E. & R. / (916) 319-3957

1. Resolution Chapter 148, Statutes of 1988 (Assembly Concurrent Resolution 162, Farr). ↑

2. Section 8924.5 of the Government (Gov.) Code. ↑

3. Sections 89503, 82028, and 89503.5 of the Gov. Code. ↑

4. Section 8920 of the Gov. Code. ↑

5. Section 8924.5(b) of the Gov. Code. ↑

 CONSENT  

Bill No: SB 698

Author: Wilk (R) and Portantino (D)

Amended: 4/24/23

Vote: 21

SENATE LABOR, PUB. EMP. & RET. COMMITTEE: 5-0, 4/19/23

AYES: Cortese, Wilk, Durazo, Laird, Smallwood-Cuevas

SUBJECT: California Council on Science and Technology Policy Fellows: status of services

SOURCE: California Council on Science & Technology

DIGEST:

This bill clarifies that the services provided by a California Science and Technology Policy Fellow are not compensation or a gift to an executive branch state officer otherwise prohibited by state ethics law.

ANALYSIS:

Existing law:

1. Requests through a legislative resolution that the President of the University of California, in collaboration with the presidents of the University of Southern California, the California Institute of Technology, and Stanford University and the Chancellor of the California State University, establish the California Council on Science and Technology (“CCST”) for the purpose of reporting to the presidents and the chancellor and responding appropriately to the Governor, the Legislature, and other relevant entities on public policy issues significantly related to science and technology. (Assembly Concurrent Resolution No. 162 (Resolution Chapter 148, Statutes of 1988))
2. Recognizes that CCST, in response, formed a 501 (c) (3) corporation to provide expert, unbiased advice to various agencies of state government in connection with science and technology policy issues and in 2009 began placing Ph.D.-level, or equivalent, scientists, engineers, and other experts in legislative offices for the purpose of providing members, committees, and legislative staff with unbiased advice in connection with science and technology-related legislation.

CCST models its fellowship program on the Science and Technology Policy Fellowships Program administered for the benefit of the United States Congress by the American Association for the Advancement of Science, an international nonprofit organization dedicated to advancing science around the world for societal benefit. (AB 573 (Portantino), Chapter 117, Statutes of 2009)

1. Establishes a code of ethics for members of the legislature, state elective or appointive officers, or judges which prohibits them while serving as such, from having any interest, financial or otherwise, direct or indirect, or engaging in any business or transaction or professional activity, or incurring any obligation of any nature, that is in substantial conflict with the proper discharge of their duties in the public interest and of their responsibilities as prescribed in the laws of this state.

The code also prohibits them from receiving or agreeing to receive, directly or indirectly, any compensation, reward, or gift from any source except the State of California for any service, advice, assistance or other matter related to the legislative process, except fees for speeches or published works on legislative subjects and except, in connection therewith, reimbursement of expenses for actual expenditures for travel and reasonable subsistence for which payment or reimbursement is not made by the State of California. (Government Code (GC) § 8920)

1. Specifies that the services of a CCST Fellow are not compensation, a reward, or a gift to a member of the legislature for which the receipt thereof constitutes a prohibited act pursuant to the legislative code of ethics as defined in GC § 8920. (AB 573, Portantino, Chapter 117, Statutes of 2009)
2. Prohibits an elected state officer, elected officer of a local government agency, or other specified individual from accepting gifts from any single source in any calendar year with a total value of more than two hundred fifty dollars ($250) and defines “ gift” to mean any payment, except as specified, that confers a personal benefit on the recipient, to the extent that consideration of equal or greater value is not received and includes a rebate or discount in the price of anything of value unless the rebate or discount is made in the regular course of business to members of the public without regard to official status. (GC § 89503 and § 82028)

This bill:

1. Clarifies that the services of a CCST Fellow, as specified, are not an interest, business, transaction, professional activity, or obligation of a state elective or appointive officer or of a judge, or justice that is in substantial conflict with the proper discharge of their duties in the public interest or of their responsibilities for purposes of subdivision (a) of Section 8920.
2. Declares that is existing law that the services of a CCST Fellow, as specified, are not compensation of a state elective or appointive officer and thus do not violate provisions that restricting their compensation to their salary as fixed by law.
3. Declares that it is existing law that the “state civil service” does not include a CCST Fellow, as specified.
4. Declares that it is existing law that the services of a CCST Fellow, as specified, are not a gift to a state elective or appointive officer for purposes of compliance with the Political Reform Act.

FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No

SUPPORT: (Verified 4/24/23)

California Council on Science & Technology (source)

OPPOSITION: (Verified 4/24/23)

None received

ARGUMENTS IN SUPPORT: According to the author,

“In 2009, AB 573 (Portantino) clarified that the services of a CCST Science Fellow provided by CCST and authorized by the Senate, Assembly, or Joint Committee on Rules are not compensation, a reward, or gift to a Member of the Legislature. Since them, CCST has established fellows in the executive branch. SB 698 narrowly extends that provision to also apply to executive fellows.”

Prepared by: Glenn Miles / L., P.E. & R. / (916) 651-1556

4/26/23 15:11:56

**** END ****

SENATE COMMITTEE ON LABOR, PUBLIC EMPLOYMENT AND RETIREMENT

Senator Dave Cortese, Chair

2023 - 2024 Regular

Bill No: SB 698 Hearing Date: April 19, 2023

SUBJECT: Code of Ethics: California Council on Science and Technology: fellows

KEY ISSUE

Should the state clarify that the services provided by a California Science and Technology Policy Fellow are not compensation or a gift to an executive branch state officer otherwise prohibited by state ethics law?

ANALYSIS

Existing law:

1. Requests through a legislative resolution that the President of the University of California, in collaboration with the presidents of the University of Southern California, the California Institute of Technology, and Stanford University and the Chancellor of the California State University, establish the California Council on Science and Technology (“CCST”) for the purpose of reporting to the presidents and the chancellor and responding appropriately to the Governor, the Legislature, and other relevant entities on public policy issues significantly related to science and technology. (Assembly Concurrent Resolution No. 162 (Resolution Chapter 148, Statutes of 1988))
2. Recognizes that CCST, in response, formed a 501 (c) (3) corporation to provide expert, unbiased advice to various agencies of state government in connection with science and technology policy issues and in 2009 began placing Ph.D.-level, or equivalent, scientists, engineers, and other experts in legislative offices for the purpose of providing members, committees, and legislative staff with unbiased advice in connection with science and technology-related legislation.

CCST models its fellowship program on the Science and Technology Policy Fellowships Program administered for the benefit of the United States Congress by the American Association for the Advancement of Science, an international nonprofit organization dedicated to advancing science around the world for societal benefit. (AB 573 (Portantino), Chapter 117, Statutes of 2009)

1. Establishes a code of ethics for members of the legislature, state elective or appointive officers, or judges which prohibits them while serving as such, from having any interest, financial or otherwise, direct or indirect, or engaging in any business or transaction or professional activity, or incurring any obligation of any nature, that is in substantial conflict with the proper discharge of their duties in the public interest and of their responsibilities as prescribed in the laws of this state.

The code also prohibits them from receiving or agreeing to receive, directly or indirectly, any compensation, reward, or gift from any source except the State of California for any service, advice, assistance or other matter related to the legislative process, except fees for speeches or published works on legislative subjects and except, in connection therewith, reimbursement of expenses for actual expenditures for travel and reasonable subsistence for which payment or reimbursement is not made by the State of California. (Government Code (GC) § 8920)

1. Specifies that the services of a CCST Fellow are not compensation, a reward, or a gift to a member of the legislature for which the receipt thereof constitutes a prohibited act pursuant to the legislative code of ethics as defined in GC § 8920. (AB 573 (Portantino), Chapter 117, Statutes of 2009)
2. Prohibits an elected state officer, elected officer of a local government agency, or other specified individual from accepting gifts from any single source in any calendar year with a total value of more than two hundred fifty dollars ($250) and defines “ gift” to mean any payment, except as specified, that confers a personal benefit on the recipient, to the extent that consideration of equal or greater value is not received and includes a rebate or discount in the price of anything of value unless the rebate or discount is made in the regular course of business to members of the public without regard to official status. (GC § 89503 and § 82028)

This bill: Amends the Legislative Code of Ethics to include in its exemption regarding services of a CCST fellow for members of the Legislature, any state elective or appointive officer for the purposes of any equivalent rule applicable to an executive branch agency or department.

COMMENTS

1. Need for this bill?

The California Science and Technology Policy Fellowship program annually recruits and trains a cohort of Ph.D. scientists and engineers to spend a year working in the California legislature and the executive branch.

Current law specifies that participation in the CCST program does not constitute compensation, a reward, or a gift to members of the Legislature under legislative ethics laws. However, this exception does not expressly include executive branch officers.

CCST representatives have informed the committee that despite placing CCST fellows in both legislative and executive branch offices for many years, some executive branch officials have been hesitant to accept a fellow for concern that doing so might violate state ethics laws given that a fellow’s work represents a thing of value that could considered a gift or compensation to the executive branch officer with whom CCST would place the fellow.

2. Recommended Committee Amendments

The bill’s current language may be insufficient to assure reluctant executive branch officers that a CCST fellow’s placement is not a gift or compensation that would violate state ethics laws because the provisions only amend Government Code provisions related to operations of the Legislative branch. For example, the Ethics in Government Act of 1990 establishes prohibitions on elected state officers, elected officers of a local government agency, or other specified individual from accepting gifts from any single source in any calendar year with a total value of more than two hundred fifty dollars ($250) and defines “gift” to mean any payment, as specified.

The committee recommends amendments to do the following:

• Clarify that a CCST fellow’s services are not a gift for purposes of Government Code provisions regulating executive branch ethics rules or the Government Code’s legislative branch ethics provisions.
• Clarify that a CCST fellow duly authorized by an MOU between the CCST and an executive branch agency or department is not part of the state civil service.
• Require that CCST select fellows according to criteria and pursuant to a process included in the MOU between the CCST and an executive agency or department.
• Provide that a CCST fellow be bound to abide by standards of conduct, economic interest disclosure requisites, and other requirements specified by the state.

3. Proponent Arguments

According to the author,

“In 2009, AB 573 (Portantino) clarified that the services of a CCST Science Fellow provided by CCST and authorized by the Senate, Assembly, or Joint Committee on Rules are not compensation, a reward, or gift to a Member of the Legislature. Since them, CCST has established fellows in the executive branch. SB 698 narrowly extends that provision to also apply to executive fellows.”

3. Opponent Arguments:

None received

4. Prior Legislation:

AB 573 (Portantino), Chapter 117, Statutes of 2009, clarified that the services of a California Science and Technology Policy Fellow provided by the California Council on Science and Technology and authorized by the Senate Rules Committee, the Assembly Rules Committee, or the Joint Rules Committee are not compensation, a reward, or a gift to a Member of the Legislature.

SUPPORT

California Council on Science & Technology (Sponsor)

OPPOSITION

None received

-- END --