SECTIONS 10200-10211 - California Statutes

GOVERNMENT CODE

SECTION 10200-10211

10200. There is in the State Government the Legislative Counsel
Bureau. The bureau is in charge of a chief, who is a civil executive
officer and who shall be known as the Legislative Counsel of
California.

10201. The Legislative Counsel shall be selected by concurrent
resolution at the beginning of each regular session and shall serve
until his or her successor is selected and qualified.

10202. If a vacancy occurs while the Legislature is not in session,
a committee consisting of the Speaker of the Assembly, the Speaker
pro Tempore of the Assembly, the President pro Tempore of the Senate
and the chairperson of the Appropriations Committee of the Senate
shall select the Legislative Counsel to serve until the Legislature
in session makes a selection for the office.

10203. The Legislative Counsel shall be chosen without reference to
party affiliations and solely on the ground of fitness to perform
the duties of his or her office.

10204. The annual salary of the Legislative Counsel is twenty-five
thousand dollars ($25,000), or such greater amount as may be
prescribed by the Joint Rules Committee. The Legislative Counsel
shall be repaid all actual expenses incurred or paid by him or her in
the discharge of his or her duties.

10205. (a) The Legislative Counsel may employ and fix the
compensation, in accordance with law, of such professional assistants
and clerical and other employees as he or she deems necessary for
the effective conduct of the work under his or her charge.
(b) The Legislative Counsel and the employees of the Legislative
Counsel Bureau shall, to the extent that funds appropriated for the
support of the Legislative Counsel Bureau include funds for that
purpose, receive any or all of the employee benefits provided to
employees of either house of the Legislature. The benefits that are
authorized by this subdivision shall be in addition to any other
employee benefits authorized by any other provision of law.
(c) Notwithstanding subdivision (c) of Section 19853, the
Legislative Counsel and the employees of the Legislative Counsel
Bureau shall observe any holiday designated pursuant to subdivision
(c) of Section 19853, that is also observed by the Legislature, on
the same day that the holiday is observed by the Legislature.

10205.1. (a) Notwithstanding Sections 18523, 18900, 18901, 18930,
18930.5, 18931, 18933, 18936, 18937, 18938.5, 18939, 18950, 19050,
19052, 19054, 19054.1, 19057, 19057.1, 19057.2, 19057.4, 19081, and
19101, or any other provision of law, but consistent with the merit
principles of subdivision (b) of Section 1 of Article VII of the
California Constitution, the Legislative Counsel Bureau appointing
authority may assign persons to classifications and ranges, conduct
examinations, and make appointments as specified by this section. The
purpose of this section is to improve the management of the
Legislative Data Center, a division of the Legislative Counsel
Bureau, and to provide the Legislative Counsel Bureau with greater
flexibility and adaptability reflective of the information technology
profession.
(b) The Legislative Counsel Bureau appointing authority may, as a
consolidation of the information technology classifications otherwise
available to the bureau, utilize the band classifications of
information systems supervisor/manager, information technology
specialist, and information technician, as available to the bureau on
January 1, 2003, under the demonstration project described in
Section 1 of the act that added this section, as those
classifications may subsequently be modified by the State Personnel
Board, or into other information technology classifications
established by the State Personnel Board. Each of these band
classifications is hereby divided into the ranges that existed in
that classification on January 1, 2003, under that demonstration
project, which ranges may be modified as provided for by the State
Personnel Board, including the delegation of authority to the
Legislative Counsel Bureau appointing authority.
(c) Through the delegation of authority to the Legislative Counsel
Bureau appointing authority or otherwise, the State Personnel Board
shall provide for the allocation, as appropriate, of employees of the
bureau having civil service status to the appropriate classification
and range authorized pursuant to this section and shall grant to
each employee the same civil service status in that classification
and range without further examination.
(d) The Legislative Counsel Bureau appointing authority may
conduct competitive examinations on a position-by-position basis for
the information technology classifications described in this section
and make appointments for information technology positions either in
the manner described in Article 6 (commencing with Section 549.70) of
Subchapter 4 of Chapter 1 of Division 1 of Title 2 of the California
Code of Regulations in effect on January 1, 2003, or in any other
manner approved by the State Personnel Board. In its exercise of
authority under this subdivision pursuant to Article 6 (commencing
with Section 549.70) of Subchapter 4 of Chapter 1 of Division 1 of
Title 2 of the California Code of Regulations, the Legislative
Counsel Bureau appointing authority shall rank each examination
candidate in the manner specified in Article 4 (commencing with
Section 548.30) and Article 5 (commencing with Section 548.40) of
Subchapter 2 of Chapter 1 of Division 1 of Title 2 of the California
Code of Regulations.

10206. The permanent office of the Legislative Counsel shall be in
the State Capitol in Sacramento, where he or she shall be provided
with suitable and sufficient offices convenient to the chambers of
the Senate and Assembly. For the convenience of Members of the
Legislature, and when in his or her judgment the conduct of his or
her work requires, he or she may maintain temporary offices at other
places in the state.

10207. (a) The Legislative Counsel shall maintain the
attorney-client relationship with each Member of the Legislature with
respect to communications between the member and the Legislative
Counsel except as otherwise provided by the rules of the Legislature.
All materials arising out of this relationship, including, but not
limited to, proposed bills and amendments, analyses, opinions, and
memoranda prepared by the Legislative Counsel, are not public
records, except as otherwise provided by the rules of the Legislature
or when released by the member for whom the material was prepared.
When he or she determines that the public interest so requires, the
Legislative Counsel may release any material arising out of the
attorney-client relationship with a former Member of the Legislature
who is not available to execute a release.
(b) (1) The Legislative Counsel shall maintain the attorney-client
relationship with the Governor with respect to communications
between the Governor and the Legislative Counsel. All materials
arising out of this relationship, including, but not limited to,
legal services concerning any bill in the Governor's hands for
rejection, approval, or other action, legal services concerning any
legal opinion provided to the Governor, and legal services concerning
any matter as the circumstances permit and the Governor requests,
prepared by the Legislative Counsel, are not public records, except
when released by the Governor. When he or she determines that the
public interest so requires, the Legislative Counsel may release any
material arising out of the attorney-client relationship with a
former Governor who is not available to execute a release.
(2) Whenever the Legislative Counsel issues an opinion to the
Governor analyzing the constitutionality, operation, or effect of a
bill or other legislative measure that is then pending before the
Legislature, or of any amendment made or proposed to be made to that
bill or measure, the Legislative Counsel shall deliver two copies of
the opinion to the first-named author of the bill or measure as
promptly as feasible after delivery of the original opinion, and
shall also deliver a copy to any other author of the bill or measure
who requests a copy.

10208. Neither the Legislative Counsel nor any other employee of
the bureau shall reveal to any person outside thereof the contents or
nature of any matter which has not become a public record, except
with the consent of the person bringing the matter before the bureau.

10209. The material, including books and other publications, of the
State Library shall be made available to the bureau. The University
of California, all State agencies and other official State
organizations, and all persons connected therewith shall give the
Legislative Counsel ready access to their records and full
information and reasonable assistance in any matters of research
requiring recourse to them or to data within their knowledge or
control.

10210. Neither the Legislative Counsel nor any employee of the
bureau shall oppose or urge legislation.

10211. The Legislative Counsel, or any deputy legislative counsel,
may administer and certify oaths.