SB 220 of 1971

Senate Bill 220 (Cologne-1971)
Chapter 633, Statutes of 1971
                    

Senator Gordon Cologne, the author of Senate Bill 220, described the bill in his letter to Governor Ronald Reagan as follows:

This bill prohibits incompatible employment for compensation by officers and employees of local agencies identical to that which the law now prescribes for state employees.  The bill sets up the mechanics for determining whether or not outside employment by these people is or is not incompatible, inconsistent, in conflict with or inimical to his duties as an employee of such local agency.  The language has been carefully worked out with private businesses who depend on off-duty local employees and the League of California Cities and other representatives of local agencies who are interested in what type of work these employees are doing.  

At the present time, I know of no opposition and see the bill as a means of eliminating some conflicts of interest which have arisen.
(See Exhibit #5, document PE-5)

The Senate Local Government Committee analysis of the April 26, 1971 version of Senate Bill 220 states that the bill “is roughly similar to Gov. Code Section 19251 dealing with state employees.”  (See Exhibit #3, page 2)  This analysis further explains the background of the bill as follows:

In general, the California Constitution provides the basic authority for cities and counties to establish qualifications for their respective employees.  (For the most part, special district basic enabling acts grant them authority to employ necessary means to accomplish their purposes.)

Various statutory provisions (and the Civil Service Act) governs what constitutes conflict of interest with regard to state and local agency officers and employees -- including political activities thereby.

One section in particular (Gov. Code § 19251) expressly prohibits state employees from engaging in activities determined to be “clearly inconsistent, incompatible, in conflict with, or inimical to” their duties as state employees.  The various appointing powers, with the approval of the State Personnel Board, are responsible for determining which activities incompatible.
(See Exhibit #3, page 1)

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