SB 90 New Mandate Called Local Agency Ethics

Claiming Instructions for Local Agency Ethics

On January 3, 2013, the State Controller’s Office released claiming instructions for the new State Mandate Reimbursement program called Local Agency Ethics. For the purposes of state mandate reimbursement, only those general law counties and those eligible special districts that are subject to the tax and spend provisions of Articles XIIIA and XIIIB of the California Constitution, and who provide reimbursement of expenses to members of their legislative bodies for those activities listed as reimbursable, are eligible claimants.

Local Agency Ethics Reimbursement Limitations

The reimbursable activities are limited and related to transparency and ethics training for members of the legislative bodies of local agencies. Specifically, it addresses the policy making, reporting, record keeping, ethics training, and notice requirements imposed on local agencies if they provide any type of compensation, salary, or stipend to a member of a legislative body, or provide reimbursement for actual and necessary expenses incurred by a member of a legislative body in the performance of official duties.

This new mandate will allow those eligible claimants to seek reimbursement back to FY 2006/2007 through 2011/2012. These initial claims will be due to the State Controller’s Office on May 3, 2013.

Pertinent Statutes Reimbursable Activities:
– Gov. Code Section 53232.2(b) Adopt a written policy, in a public meeting specifying the types of occurrences that qualify a member of the legislative body to receive reimbursement of expenses relating to travel, meals, lodging and other actual and necessary expenses.
– Gov. Code Section 53232.3(a) Provide expense report forms.
– Gov. Code Section 53235(a) Provide information on training courses to meet the ethics training requirements imposed by this mandate to its local officials at least once annually.
– Gov. Code Section 53235.2(a) Maintain training records, inclusive of training date and training provider, for five years.

Nimbus Consulting

2386 Fair Oaks Blvd., Suite 104
Sacramento, CA 95825
sb90@nimbusconsultinggroup.com

SB 90 and the Governor’s January 2013 Proposed Budget

Will the California Budget Effect Your Agency?

On January 10, 2013 the Governor released his 2013/2014 proposed state budget. There are still many details to work out, including educational funding, but for the first time in years, this budget is being viewed by the Legislative Analysts Office as essentially balanced.

The Governor’s proposed budget continues the deferred payment on mandated costs incurred prior to 2004/2005 as well as the suspension of those mandates identified in the adopted 2012/2013 state budget. In addition, the Governor is seeking to add nine additional mandates to the suspension list.  These nine mandates are being viewed by the Administration as best practices that local agencies should be providing their citizens. The nine mandates being proposed for suspension include four new mandates that recently had their statewide cost estimates adopted by the Commission on State Mandates  (CSM), and five new mandates that have yet to be released or have recently been released for claiming purposes.

Proposed Suspension on four mandates with recently adopted Statewide Cost Estimates

• Modified Primary Elections
• Domestic Violence Background Checks
• Permanent Absentee Voters II
• Identity Theft.

Proposed Suspension of five mandates yet to be released or have recently been released for claiming purposes

• CA Public Records Act—pending approval of there parameter & guidelines from the CSM
• Local Agency Ethics—released on January 3, 2013. Initial claims due May 3, 2013
• Tuberculosis Control—claiming instructions should be released soon.
• Interagency Child Abuse and Neglect Investigation Reports–pending approval of there parameter & guidelines from the CSM.
• Voter ID Procedures– initial claims filed October 23, 2012. Pending statewide cost estimate.

Nimbus Consulting

2386 Fair Oaks Blvd., Suite 104
Sacramento, CA 95825
SB90@nimbusconsultinggroup.com

2 New State Mandate Reimbursement Programs Released

The State Controller’s Office has released claiming instructions for two (2) new programs: Identity Theft and Domestic Violence Background Checks http://www.sco.ca.gov/ard_mancost_claim_instruct.html. The Identity Theft mandate will allow agencies to go back to fiscal year 2002-2003 to claim cost, while the Domestic Violence Background Checks mandate will go back to January 1, 2002.  Claims will be due to the State Controller’s Office by January 30, 2012.

Contact your SB90 Consultant for more details.