This document consolidates current CCUSL practices and procedures.
Officers
Election of Officers and Term. The statutory officers of CCUSL are Chairperson and Secretary. Each serves a two-year term, and continues in office until a successor is elected and qualified. Gov’t Code § 10278.
Chair. The practice of CCUSL is to rotate the office of Chair, proceeding from most senior member to most junior member, and then starting over.
Vice Chair. The practice of CCUSL is to select a Vice Chair. The Vice Chair is ordinarily the member next in seniority after the Chair. The Vice Chair performs the duties of the Chair in case of the Chair’s unavailability.
Secretary. The practice of CCUSL is that the Legislative Counsel is its Secretary ex officio. That does not preclude election of the Legislative Counsel as Chair or Vice Chair, in the normal seniority rotation.
Meetings
Meetings. CCUSL has the duty to meet at some place in the state at least once every two years. Gov’t Code § 10278.
The practice of CCUSL is to meet twice annually:
- CCUSL meets each fall in Sacramento. Among other matters, CCUSL decides on its legislative program for the coming year.
- CCUSL meets each summer during the Annual Meeting of the Uniform Law Commission. Among other matters, CCUSL decides how it will vote on proposed Uniform Acts being considered for adoption by the Uniform Law Commission. To comply with quorum requirements, the Chair or Vice Chair convenes the CCUSL meeting when a quorum is present.
- CCUSL may meet occasionally at other times, for example to plan for an Annual Meeting of the Uniform Law Commission that is being held in California.
Notice of Meeting. The Bagley-Keene Open Meeting Act (Art. 9 (commencing with Sec. 11120), Ch. 1, Pt. 1, Div. 3, Title 2) applies to CCUSL. A meeting of CCUSL is noticed and public. Notice of a CCUSL meeting is published in the Daily Journal and on CCUSL’s web site. If a Commissioner participates in a meeting by teleconference, notice is posted at the place of participation by the Commissioner and that place is accessible to the public.
Interim Decision-Making. Due to the difficulty of making time-sensitive decisions during the legislative session, CCUSL has adopted an interim decision-making procedure. The Chair, on consulting with the Vice Chair (if available) and with CCUSL’s Legislative Liaison, may make an interim decision concerning a legislative measure without a meeting of CCUSL.
Annual Meeting Uniform Law Commission
A Commissioner has the duty to attend the summer Annual Meeting Uniform Law Commission. Gov’t Code § 10279.
Out of State Travel Ban. Occasionally, during times of tight budget, there may be an executive order banning out of state travel by board and commission members. Such a ban does not apply to CCUSL due to its statutory mandate.
Expenses. Until a legislative budget has been adopted that includes adequate funding for CCUSL, it is possible that a Commissioner will not be reimbursed expenses of attending the Annual Meeting. Historically, in case of a shortfall, Commissioner travel expenses to the Annual Meeting are paid first and the remainder of the budget appropriation if any goes to dues of the national organization.
MCLE. An attendee at the Annual Meeting may receive credit under the California Bar Association’s mandatory continuing legal education program. An attendee must sign a registration book in the main meeting room in order to qualify for credit.
Consideration of Uniform Acts. The practice of the Chair is to survey acts that are up for adoption as Uniform Acts at the Annual Meeting and to designate a Commissioner to be responsible for each of those acts. The responsible Commissioner reviews the act in detail, attends floor sessions when the act is under consideration, and advises Commissioners on the impact of the proposed Uniform Act on California when CCUSL considers whether to vote for its adoption as a Uniform Act. The responsible Commissioner should complete the analysis and make it available to Commissioners 30 days before the Annual Meeting provided, of course, that the final drafts are ready for review in a timely manner.
The Legislative Counsel may seek the involvement of students from local law schools to help with summaries of acts up for adoption as Uniform Acts.
Legislation
Legislation Sponsored by CCUSL. The Chair designates a Commissioner responsible as the “point person” for a bill sponsored by CCUSL that is in the Legislature. The Legislative Counsel provides support functions. Even though legislative staff can handle many of the responsibilities of getting a bill through the Legislature, it is important that an experienced Commissioner knowledgeable about the Uniform Act and its history be closely involved in the process.
Legislation Sponsored by Others. Occasionally a Uniform Act is introduced that is not sponsored by CCUSL. In that case CCUSL does not advocate for the legislation. If an officer or other Commissioner is asked to support the legislation and chooses to do so, the Commissioner must make clear the support is that of the individual Commissioner and not of CCUSL.
Voting
Action by CCUSL is taken by majority vote of its members voting on a matter, a quorum being established, provided the minimum vote requirement is satisfied. For this purpose, a member who abstains or recuses himself or herself is considered to be not voting on the matter, but the abstention, recusal, or failure of a member to vote does not affect the presence of a quorum. Once a quorum is established, CCUSL may continue to act until adjournment, notwithstanding any interim recess.
CCUSL periodically determines its quorum and minimum vote requirements based on the number of currently active and participating members.
As of September 2017, CCUSL had, active and participating, six appointive members, two legislative members, one ex officio member, and four life members. A quorum was determined to be seven members. The minimum vote required for CCUSL action is four affirmative votes.
Conflicts of Interest
CCUSL is not required to have, and does not have, a conflict of interest code. Nonetheless, basic conflict of interest rules apply to Commissioners as to any other government official. A few key rules of greatest relevance are summarized here. A complete discussion of California’s conflict of interest rules may be obtained from the Attorney General at http://oag.ca.gov/conflicts-of-interest
Fiduciary Duty of Public Official
There is a common law public official conflict of interest doctrine: “A public officer is impliedly bound to exercise the powers conferred on him with disinterested skill, zeal, and diligence and primarily for the benefit of the public ....” Clark v. City of Hermosa Beach, 48 Cal. App. 4th 1152, 1170, 56 Cal. Rptr. 2d 223 (1996). Said another way, the doctrine requires public officers “to avoid placing themselves in a position in which personal interest may come into conflict with their duty to the public.” 70 Ops. Cal. Att’y Gen. 45, 47 (1987).
Uniform Law Commission states
The Unifrom Law Commission has a conflict of interest code applicable to Commissioners:
A Commissioner or Member should not solicit or accept compensation or reimbursement for expenses from any person other than the Conference or the Commissioner’s or Member’s appointing authority, for influencing the work of the Conference. A Commissioner or Member who solicits or accepts such compensation or reimbursement shall disclose that fact immediately to the President. The President shall inform the other Commissioners and Members of the Conference of that fact. Such Commissioner or Member may not participate in the work of the Conference which pertains to the matter for which the compensation or reimbursement was solicited or accepted, and may not use any designation that indicates membership in the Conference with respect to that matter.
Members of Legislature. A member of the Legislature appointed to CCUSL participates in the activities of CCUSL to the extent participation is not incompatible with the member’s position as a member of the Legislature. Gov’t Code § 10271.
Compensation
Although a Commissioner is entitled to receive $100 for each day while on official business of CCUSL (Gov’t Code § 10276), the practice of Commissioners is to waive compensation due to CCUSL’s limited budget.
Expenses
Reimbursement of travel expenses while on CCUSL business is subject to standard controls found in the State Administrative Manual.
Reports
CCUSL has the duty to report to the Legislature from time to time as it deems desirable and practicable, giving an account of its transactions and its advice and recommendations for legislation. Gov’t Code § 10282.
Annual Report. The practice of CCUSL is not to produce an annual report.
Meet and Greet. The Legislative Counsel, on meeting and greeting new members of the Legislature, takes the opportunity to inform them of the work of CCUSL.
On appointment of the Chair of a Judiciary Committee a delegation of Commissioners will meet with the Chair to familiarize the Chair with the work of CCUSL.
Brochure. CCUSL has produced a brochure with information about its work that is intended as a promotional and educational tool for meetings with newly-elected Legislators, for newly-appointed Commissioners, and for outreach efforts.
Website. CCUSL has a website with information about its work: http://ccusl.ca.gov/
Press Release. CCUSL on occasion issues a press release publicizing Uniform Acts it proposes for introduction or that have been adopted.
Press Relations
A commissioner shall direct to the Chair of the California Commission on Uniform State Laws or, if the chair is unavailable, to the Vice Chair, any press inquiry regarding the California Commission on Uniform State Laws, the Uniform Law Commission, or any uniform act.