Title
Adopt a resolution to approve amendments to the Levine Act Policy (G-125) within the Board Policy Manual given changes to Government Code section 84308, a provision of the Political Reform Act.
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors adopt a resolution to approve amendments to the Levine Act Policy (G-125) within the Board Policy Manual given changes to Government Code section 84308, a provision of the Political Reform Act.
SUMMARY/DISCUSSION:
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 the change in law applicable to the Board of Supervisors and other County elected officers, the Board of Supervisors approved a Levine Act policy for inclusion in the Board Policy Manual to create a policy for Levine Act compliance on March 21, 2023.
In September 2024, SB’s 1181 and 1243 were enacted into legislation, making numerous additional changes to Government Code sec...
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