Title
Consider adopting a resolution to:
a. Approve and adopt the Levine Act Policy statement for inclusion in the Board Policy Manual given recent changes to Government Code section 84308, a provision of the Political Reform Act; and,
b. Provide direction to staff as appropriate.
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors adopt a resolution to:
a. Approve and adopt the Levine Act Policy statement for inclusion in the Board Policy Manual given recent changes to Government Code section 84308, a provision of the Political Reform Act; and,
b. Provide direction to staff as appropriate.
SUMMARY:
On September 29, 2022, Governor Newsom signed Senate Bill ("SB") 1439 into law, making a number of changes to Government Code section 84308, a provision of the Political Reform Act generally known as the "Levine Act." Section 84308 provides, in relevant part, that an elected officer is prohibited from taking part in a license, permit, or other entitlement for use proceeding if the officer has received a campaign contribution, for any office the officer holds or seeks, in excess of $250 within the preceding 12 months. An officer is also prohibited from accepting a contribution in excess of $250 during the proceeding, and for 12 months following the date a final decision is rendered in the proceeding.
The Levine Act previously only applied to local governing boards composed of appointed elected officers, appointed to governing boards other than their organic board, such as joint powers authorities or Local Agency Formation Commissions. However, effective January 1, 2023, SB 1439 amended Section 84308 to also apply to elected officers sitting on their elected governing boards or in their elected positions. Given this recent change in law applicable to the Board of Supervisors and other County elected officers, attached is a draft policy for inclusion in the Board Policy Manual to create a policy for Levine Act compliance.
DISCUSSION:
The pro...
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