Untitled Document

Proposition # 61
Title Compensation Of Public Officials, Employees, Individual Public Contractors.
Year/Election 1986 general
Proposition type initiative constitutional and statutory
Popular vote Yes: 2,341,883 (34.1%); No: 4,523,463 (65.9%)
Failed

Summary

Sets Governor's annual salary at $80,000; other "Constitutional" officers at $52,500. Limits maximum compensation of elected or appointed state and local government employees and individual public contractors to 80% of Governor's salary. Requires people's vote to increase salaries of constitutional officers, members of Board of Equalization, legislators, judiciary, and specified local elected officers. Prohibits public officials and employees from accruing sick leave or vacation from one calendar year to another. Summary of Legislative Analyst's estimate of net state and local government fiscal impact: Public official and employee salary and benefit-related reductions would amount to $125 million in the first year at the state level and roughly the same amount at the local level. These reductions would not necessarily result in comparable savings. They would be offset to some extent or could be outweighed by the need to pay various costs depending on unknown factors relating to (1) how the measure is interpreted, (2) possible payment of vested sick and vacation leave at a one-time cost of about $7 billion, (3) how the measure would be implemented, (4) its effect on governmental efficiency resulting from its limitation on pay for officers, employees and contractors. Net fiscal impact is unknown.

Text of Proposed Law

This initiative measure is submitted to the people in accordance with the provisions of Article II, Section 8 of the Constitution.

This initiative measure expressly repeals, adds, and amends existing provisions of the Constitution, and repeals provisions of the Government Code; therefore, provisions proposed to be deleted are printed in strikeout type and new provisions proposed to be added are printed in italic type to indicate that they are new.

PROPOSED LAW

SECTION I: Sections 11550 through 11569 of the California Government Code are hereby repealed.

Article 1. Salaries of Specified Positions

11550. Effective July 1, 1984, an annual salary of seventy- two thousand five hundred dollars ($72,500) shall be paid to each of the following:

(a) Director of Finance.

(b) Secretary of Business, Transportation and Housing Agency.

(d) Secretary of Health and Welfare Agency.

(e) Secretary of State and Consumer Services Agency.

(f) Director of Industrial Relations.

(g) Commissioner of the California Highway Patrol.

(h) Secretary of Youth and Adult Correctional Agency.

(i) Director of Food and Agriculture.

On July 1, the annual compensation provided by this section shall be increased in any fiscal year in which a cost-of-living increase is provided for state employees. The amount of the increase provided by this section shall be determined by multiplying the then current compensation by the percentage of the general cost-of-living salary increases provided for state employers during that fiscal year.

11551. Effective January 5, 1987, an annual salary of eighty-five thousand dollars ($85,000) shall be paid to the Governor.

Upon the commencement of each new term, the annual compensation provided by this section shall be increased based on the cost-of-living increases provided for state employees over the previous four years. The amount of the increase provided by this section shall be determined by multiplying the then current compensation by the combination of percentages of the general cost-of-living increases provided for state employees for the four previous fiscal years.

11551.5. Effective January 5, 1987, an annual salary of seventy-seven thousand five hundred dollars ($77,500) shall be paid to the Attorney General.

11552. Effective July 1, 1984, an annual salary of sixty- eight thousand dollars ($68,000) shall be paid to each of the following:

(a) Superintendent of Banks.

(b) Commissioner of Corporations.

(d) Director of Transportation.

(e) Real Estate Commissioner.

(f) Savings and Loan Commissioner.

(g) Director of Social Services.

(h) Director of Water Resources.

(i) Director of Corrections.

(j) Director of General Services.

(k) Director of Motor Vehicles.

(l) Director of the Youth Authority.

(m) Executive Officer of the Franchise Tax Board.

(n) Director of Employment Development.

(o) Director of Alcoholic Beverage Control.

(p) Director of Housing and Community Development.

(q) Director of Alcohol and Drug Abuse.

(r) Director of the Office of Statewide Health Planning and Development.

(s) Director of the Department of Personnel Administration.

(t) Chairperson and Member of the Board of Equalization.

(u) Director of Commerce.

(v) State Director of Health Services.

(w) Director of Mental Health.

(x) Director of Developmental Services.

(y) State Public Defender.

11552.5. Effective January 5, 1987, an annual salary of seventy-two thousand five hundred dollars ($72,500) shall be paid to each of the following:

(a) Lieutenant Governor.

(b) Secretary of State.

(d) Treasurer.

(e) Superintendent of Public Instruction.

Upon the commencement of each new term, the annual compensation provided by this section shall be increased based on the cost-of-living increases provided for state employees over the previous four years. The amount of the increase provided by this section, shall be determined by multiplying the then current compensation by the combination of percentages of the general cost-of-living increases provided for state employees for the four previous fiscal years.

11553. Effective July 1, 1984, an annual salary of sixty- five thousand dollars ($65,000) will be paid to each of the following:

(a) Chairman of the Unemployment Insurance Appeals Board.

(b) Chairperson of the Agricultural Labor Relations Board.

(d) Chairman of the Fair Political Practices Commission.

(e) Chairman of the Waste Management Board.

(f) Chairperson of the Energy Resources Conservation and Development Commission.

(g) Chairperson of the Public Employment Relations Board.

(h) Chairperson of the Workers' Compensation Appeals Board.

(i) Administrative Director of the Division of Industrial Accidents.

11553.5. Effective July 1, 1984, an annual salary of sixty- three thousand dollars ($63,000) shall be paid to the following:

(a) Member of the Agricultural Labor Relations Board.

(b) Member of the State Energy Resources Conservation and Development Commission.

(d) Member of the Public Employment Relations Board.

(e) Member of the Unemployment Insurance Appeals Board.

(f) Member of the Workers' Compensation Appeals Board.

11554. Effective July 1, 1984, an annual salary of sixty- thousand dollars ($60,000) shall be paid to each of the following:

(a) Director of Conservation.

(b) Director of Fish and Game.

(d) Director of Rehabilitation.

(e) Director of Veterans Affairs.

(f) Director of Consumer Affairs.

(g) Director of the State Office of Economic Opportunity.

(h) State Architect.

(i) Director of Forestry.

(j) Director of Fair Employment and Housing.

11555. Effective July 1, 1984, an annual salary of fifty- seven thousand dollars ($57,000) shall be paid to the following:

(a) Chairman of the Board of Prison Terms.

(b) Chairman of the State Water Resources Control Board.

(d) Chairman of the Occupational Safety and Health Appeals Board.

11556. Effective July 1, 1984, an annual salary of fifty- five thousand dollars ($55,000) shall be paid to each of the following:

(a) Director of Boating and Waterways.

(b) Director of the Office of Emergency Services.

(d) Member of the State Water Resources Control Board.

(e) Member of the Youthful Offender Parole Board.

(f) State Fire Marshal.

(g) Director of the Department of Aging.

(h) Member of the Occupational Safety and Health Appeals Board.

11560. Effective July 1, 1984, an annual salary of twenty-seven thousand five hundred dollars ($27,500) shall be paid to each of the following:

(a) Chairman of the Narcotic Addict Evaluation Authority.

On July 1, the annual compensation provided by this section shall be increased to in any fiscal year in which a cost-of-living increase is provided for state employees. The amount of the increase provided by this section shall be determined by multiplying the then current compensation by the percentage of the general cost-of-living salary increases provided for state employees during that fiscal year.

11563.1 Effective July 1, 1984, an annual salary of twenty-four thousand dollars ($24,000) shall be paid to each member of the Narcotic Addict Evaluation Authority.

11563.7. Effective July 1, 1984, an annual salary of twenty thousand dollars ($20,000) shall be paid to each member of the State Personnel Board.

11563.8. Effective July 1, 1984, an annual salary of ten thousand five hundred dollars ($10,500) shall be paid to the President of the Traffic Adjudication Board.

11563.9. Effective July 1, 1984, an annual salary of ten thousand dollars ($10,000) shall be paid to each member of the Traffic Adjudication Board.

11564. Effective July 1, 1984, an annual salary of twenty thousand dollars ($20,000) shall be paid to each member of the State Air Resources Board, provided each member devotes a minimum of 60 hours per month to state board work. Such salary shall be reduce proportionately if less than 60 hours per month is devoted to state board work.

Article 2. Application of Salary Provisions.

11565. If the salary specified in Article 1 (commencing with Section 11550) for any particular position is greater than the salary which the incumbent is receiving on the date when this chapter takes effect, he or she shall receive the higher amount from and after the first day of the month immediately following such effective date.

11566. If the salary specified in Article 1 (commencing with Section 11550) for any particular position is less than the salary which the incumbent is receiving on the date when this chapter takes effect, he or she shall continue to receive the higher amount and the provisions of Article 1 (commencing with Section 11550) shall not become operative until a new appointment is made for the position.

11467. If any constitutional provision prevents an increase in the salary during the term of office of a position for which an increase is provided by this chapter, such increase shall become operative with the commencement of the next succeeding term of such position.

11568. The provisions of this chapter shall not be superseded or modified by any subsequent legislature except to the extent that such legislation shall do so expressly.

11569. Notwithstanding the foregoing provisions of this chapter or of any statute specifying the salary to be paid to any state officer, in any fiscal year for which the Legislature appropriates additional funds to augment the salaries paid to state officers whose salaries are specified by statute, each such statutory salary for each fiscal year shall be the amount so specified plus an amount which constitutes an equal percentage increase for each such officer. No such increase shall be paid to any officer whose salary is subject to Section 8901 or Section 68203 of the Government Code. If any constitutional provision prevents such increase during the term of office of a position, the increase shall not become operative as to such position before the commencement of the next succeeding term of office, as provided in Section 11567.

The secretaries and other personnel of the Governor appointed pursuant to Section 12001 shall be regarded as state officers for purposes of determining the salaries of state officers pursuant to this section and the Governor may fix the salary of each person at an amount not to exceed the maximum for each position set forth in Section 12001 plus a percentage equal to the increase authorized for statutory salaries under this section.

SECTION II. Section 26 is hereby added to Article XX of the California Constitution:

Section 26. Public Salary Limitations.

(a) On the effective date of this Section, the salary of the Governor shall be set at $80,000.00 per year and the salary of all other Constitutional officers and members of the Board of Equalization shall be set at $52,000.00 per year subject to adjustment as set forth in subsection (c) of this Section 26.

(b) Notwithstanding Article III Section 4 or any other section of this Constitution, but subject to subsection (g) of this Section, no state, city, county, city and county or special district employee, elected or appointed, which shall include individuals working under contract, may receive compensation in excess of eighty percent of the Governor's salary. Under special circumstances the Legislature may appropriate funds for employee services contracted for by agencies in state government in excess of eighty percent of the Governor's salary if the contract or contracts in question do not exceed four years in length and are approved by both houses by a two-thirds roll call vote. Insofar as this section may conflict with a city, county or city and county's power to set salaries pursuant to Article XI sections 3 through 5, this section shall take precedence.

(c) No increase in the salary of any constitutional officer, member of the Board of Equalization, member of the Legislature, supreme or appellate court justice or judge of a court of record shall become operative unless such increase has been approved by a majority of voters of the state voting in a statewide general election.

(d) Notwithstanding any city, county, or city and county charter adopted pursuant to Article XI Section 3 of this Constitution, no increase in the salary of an elected officer of a city, county, city and county or special district which establishes the salary payable to its members shall become effective unless such increase has been approved by a majority of the voters of the city, county, city and county, or special district voting on the question at an election.

(e) On the effective date of this section, the annual salary for those employees and officials referenced in subsections (b) and (c) above, except the Governor, Constitutional officers and members of the Board of Equalization, shall not exceed eighty percent of the annual salary paid to the Governor as of that date. No elected or appointed official, or any employee subject to the provisions of this section shall be permitted to accumulate sick leave or vacation time from one calendar year to another.

(f) Any public employee on the state or local level who serves in more than one paid public position in this state may not receive a total aggregate compensation, including pension payments derived in whole or in part from public funds, in excess of eighty percent of the Governor's salary.

(g) The electorate of any city, county, city and county or special district may, by initiative, adjust the salary of any elected or appointed official in that jurisdiction in excess of the limitation set forth in subsection (f) of this Section 26. Notwithstanding Article II Section II or Article XI Section 3, no legislative body shall enact laws which restrict the electorate's right to use the initiative process to increase or decrease the compensation of the conditions of any future accruals of employee benefits of their elected or appointed officials. Any laws existing on the effective date of this measure which purport to limit the electorate's right to do so are null and void. Notwithstanding any other provision of law, the signatures of not less than 10 percent of the voters of any jurisdiction shall qualify the initiative for the next general election ballot of that jurisdiction. All other sections of the California Elections Code or a local jurisdiction's Charter shall govern the process for such initiatives.

(h) After the date this section becomes effective, the Legislature shall enact no laws authorizing any public official covered by this section to engage the services of private subcontractors wherein the contractual amount of compensation exceeds seventy-five dollars per hour and no contract may exceed two years in duration, and in no event may the total compensation for an individual exceed the amount set forth in subsection (b) of this Section 26. Furthermore, no state official or agency shall employ, hire, contract with, pay or otherwise compensate any attorney or legal firm to act on behalf of the state or any agency thereof where the state or any agency thereof is a plaintiff, defendant, complainant petitioner, respondent or real party in interest unless the California Attorney General has formally noted a conflict in representing the agency.

(i) If any provision of this section or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect the other provisions of this section which can be given effect without the invalid provision or its application and to this end the provisions of this section are severable.

SECTION III. Article III Section 4(b) of the Constitution is hereby repealed.

(b) Beginning on January 1, 1981, the base salary of a judge of a court of record shall equal the annual salary payable as o July 1, 1980, for that office had the judge been elected in 1978. The Legislature may prescribe increases in those salaries during a term of office, and it may terminate prospective increases in those salaries at any time during a term of office, but it shall not reduce the salary of a judge during a term of office below the highest level paid during that term of office. Laws setting the salaries of judges shall not constitute an obligation of contract pursuant to Section 9 of Article I or any other provision of law.

SECTION IV. Article V Section 12 of the Constitution is amended to read as follows:

ARTICLE V Section 12 Compensation of the Governor, Lieutenant Governor, Attorney General , Controller, Secretary of State, Superintendent of Public Instruction, and Treasurer shall be prescribed by statute but may not be increased or decreased during a term Article XX Section 26(a) and modified by the voters of the State of California pursuant to Article XX Section 26(c) of this Constitution.

SECTION V. Article VI Section 5 of the Constitution is amended to read as follows:

ARTICLE VI Section 5 (a) Each county shall be divided into municipal court and justice court districts as provided by statute, but a city may not be divided into more than one district. Each municipal and justice court shall have one or more judges.

There shall be a municipal court in each district of more than 40,000 residents and a justice court in each district of 40,000 residents or less. The number of residents shall be ascertained as provided by statute.

The Legislature shall provide for the organization and prescribe the jurisdiction of municipal and justice courts. It shall prescribe prescribed [sic] for each municipal court and provide for each justice court the number, qualifications, and compensation , subject to Article XX Section 26(c), of judges, officers, and employees. (b) Notwithstanding the provisions of subdivision subdividion [sic] (a), any city in San Diego County may be divided into more than one municipal court or justice court district if the Legislature determines that unusual geographic conditions warrant such division.

SECTION VI; Article VI Section 19 of the Constitution is amended to read as follows:

ARTICLE VI Section 19 The Legislature shall prescribe compensation for judges of courts of record , subject to Article XX Section 26(c) of the Constitution . A judge of a court of record may not receive the salary for the judicial office held by the judge while any cause before the judge remains pending and undetermined for 90 days after it has been submitted for decision.