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AGENDA ITEM REPORT

Title: Proposed Trailer Bill - Commission Chair
REPORT PROFILE
MEETING DATE
2/25/2016
BUREAU SUBMITTING THIS REPORT
Executive Office
RESEARCHED BY (PRINT NAME)
Ralph Brown
REVIEWED BY (PRINT NAME)
Jan Bullard
REPORT DATE
02/10/2016
APPROVED BY
Robert A. Stresak
DATE APPROVED
02/10/16
PURPOSE
Decision Requested
FINANCIAL IMPACT
No

ISSUE, BACKGROUND, ANALYSIS, & RECOMMENDATION
ISSUE:

This bill would require the Governor to designate the chair of the commission from among the members of the commission. The bill would provide that the chair would serve at the pleasure of the Governor.

The bill would require the commission to annually select a vice chair from among its members.

 

BACKGROUND:

The Legislative Counsel has offered the following interpretation of the Governor's bill proposal:

 

LEGISLATIVE COUNSEL’S DIGEST

Bill No. ____

As introduced, ______

General Subject: Commission on Peace Officer Standards and Training

               Existing law establishes the Commission on Peace Officer Standards and Training within the department of Justice, and requires the commission to adopt rules regarding the minimum occupational standards governing peace officers. Existing law requires the commission to select a chairperson and vice chairperson from among its members.

               This bill would require the Governor to designate the chair of the commission from among the members of the commission. The bill would provide that the chair would serve at the pleasure of the Governor. The bill would require the commission to annually select a vice chair from among its members.

               Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

ANALYSIS:

With most California commissions, the Governor reserves the right to appoint commission members, vice-chair and chair positions. This bill would amend Penal Code Section 13501 to expressly allow the Governor to designate the chair of the commission from among the members of the commission.    

An act to amend Section 13501 of the Penal code, relating to peace officer standards and training.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

Section 1. Section 13501 of the Penal Code is amended to read:

13501. The Governor shall designate the chair of the commission from among the members of the commission.  The person designed as the chair shall serve at the pleasure of the GovernorThe commission shall annually select a chairman and vice chairman vice chair from among its members.  A majority of the members of the commission shall constitute a quorum.

RECOMMENDATION:

The bill does not articulate a term limit for the position of chair. The benefits of the 2-year term limit include (but are not limited to):

  • Fresh eyes - fresh perspectives on the issues of the day
  • Burn out - people holding the chair position also have regular jobs
  • Contemporary leadership - rotating the chair position offers invigorating stewardship

Perhaps the Legislative Committee would like to consider a 2-year term limit on the chair appointment.  Additionally, vacancies shall be filled within 60 days.

 
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