12010-12019
GOVERNMENT CODE
SECTION 12010-12019
12010. The Governor shall supervise the official conduct of all
executive and ministerial officers.
12010.5. Notwithstanding any other provision of statutory law, the
Governor shall determine the distribution in the executive agencies
of deputies or employees selected pursuant to subdivision (g) of
Section 4 of Article VII of the California Constitution by
civil-service-exempt officers appointed by the Governor pursuant to
subdivision (f) of Section 4 of Article VII of the California
Constitution, except deputies or employees subject to the consent or
confirmation of the Senate.
12010.6. (a) The purpose of this section is to increase the
Governor's managerial flexibility without increasing costs. It is the
intent of the Legislature that positions designated as exempt from
civil service by this section shall be filled by a Governor's
appointment only after they are vacated by civil service employees.
(b) The Governor may designate as exempt from civil service
positions in the executive agencies over which he has line
responsibility and which have civil-service-exempt officers and
employees appointed pursuant to subdivision (f) or (g) of Section 4
of Article VII of the California Constitution; provided that the
designations shall be limited to positions covered by these
subdivisions and shall not cause the total number of positions
exempted under these subdivisions to exceed one-half of 1 percent of
the number of full-time equivalent positions in these agencies
collectively.
(c) The Governor may appoint a person to a position designated as
exempt from civil service pursuant to this section only after the
position is no longer held by a civil service employee.
(d) Positions designated by the Governor as exempt from civil
service pursuant to this section shall be limited to those designated
as managerial positions under Section 3513 by the Department of
Personnel Administration.
(e) The authority to designate positions as exempt from civil
service shall not result in the displacement of civil service
employees and shall not result in hiring additional employees into
positions not authorized in the Budget Act.
(f) The Department of Personnel Administration shall report to the
Joint Legislative Audit Committee by January 31 of each year the
current percentage of civil-service-exempt officers and employees in
state service.
12011. The Governor shall see that all offices are filled and their
duties performed. If default occurs, he shall apply such remedy as
the law allows. If the remedy is imperfect, he shall so advise the
Legislature at its next session.
12011.5. (a) In the event of a vacancy in a judicial office to be
filled by appointment of the Governor, or in the event that a
declaration of candidacy is not filed by a judge and the Governor is
required under subdivision (d) of Section 16 of Article VI of the
Constitution to nominate a candidate, the Governor shall first submit
to a designated agency of the State Bar of California the names of
all potential appointees or nominees for the judicial office for
evaluation of their judicial qualifications.
(b) The membership of the designated agency of the State Bar
responsible for evaluation of judicial candidates shall consist of
attorney members and public members with the ratio of public members
to attorney members determined, to the extent practical, by the ratio
established in Sections 6013.4 and 6013.5 of the Business and
Professions Code. It is the intent of this subdivision that the
designated agency of the State Bar responsible for evaluation of
judicial candidates shall be broadly representative of the ethnic,
gender, and racial diversity of the population of California and
composed in accordance with Sections 11140 and 11141 of the
Government Code. The further intent of this subdivision is to
establish a selection process for membership on the designated agency
of the State Bar responsible for evaluation of judicial candidates
under which no member of that agency shall provide inappropriate,
multiple representation for purposes of this subdivision.
(c) Upon receipt from the Governor of the names of candidates for
judicial office and their completed personal data questionnaires, the
State Bar shall employ appropriate confidential procedures to
evaluate and determine the qualifications of each candidate with
regard to his or her ability to discharge the judicial duties of the
office to which the appointment or nomination shall be made. Within
90 days of submission by the Governor of the name of a potential
appointee for judicial office, the State Bar shall report in
confidence to the Governor its recommendation whether the candidate
is exceptionally well qualified, well qualified, qualified, or not
qualified and the reasons therefor, and may report, in confidence,
other information as the State Bar deems pertinent to the
qualifications of the candidate.
(d) In determining the qualifications of a candidate for judicial
office, the State Bar shall consider, among other appropriate
factors, his or her industry, judicial temperament, honesty,
objectivity, community respect, integrity, health, ability, and legal
experience. The State Bar shall consider legal experience broadly,
including, but not limited to, litigation and nonlitigation
experience, legal work for a business or nonprofit entity, experience
as a law professor or other academic position, legal work in any of
the three branches of government, and legal work in dispute
resolution.
(e) The State Bar shall establish and promulgate rules and
procedures regarding the investigation of the qualifications of
candidates for judicial office by the designated agency. These rules
and procedures shall establish appropriate, confidential methods for
disclosing to the candidate the subject matter of substantial and
credible adverse allegations received regarding the candidate's
health, physical or mental condition, or moral turpitude which,
unless rebutted, would be determinative of the candidate's
unsuitability for judicial office. No provision of this section shall
be construed as requiring that any rule or procedure be adopted that
permits the disclosure to the candidate of information from which
the candidate may infer the source, and no information shall either
be disclosed to the candidate nor be obtainable by any process that
would jeopardize the confidentiality of communications from persons
whose opinion has been sought on the candidate's qualifications.
(f) All communications, written, verbal, or otherwise, of and to
the Governor, the Governor's authorized agents or employees,
including, but not limited to, the Governor's Legal Affairs Secretary
and Appointments Secretary, or of and to the State Bar in
furtherance of the purposes of this section are absolutely privileged
from disclosure and confidential, and any communication made in the
discretion of the Governor or the State Bar with a candidate or
person providing information in furtherance of the purposes of this
section shall not constitute a waiver of the privilege or a breach of
confidentiality.
(g) If the Governor has appointed a person to a trial court who
has been found not qualified by the designated agency, the State Bar
may make public this fact after due notice to the appointee of its
intention to do so, but that notice or disclosure shall not
constitute a waiver of privilege or breach of confidentiality with
respect to communications of or to the State Bar concerning the
qualifications of the appointee.
(h) If the Governor has nominated or appointed a person to the
Supreme Court or court of appeal in accordance with subdivision (d)
of Section 16 of Article VI of the California Constitution, the
Commission on Judicial Appointments may invite, or the State Bar's
governing board or its designated agency may submit to the commission
its recommendation, and the reasons therefor, but that disclosure
shall not constitute a waiver of privilege or breach of
confidentiality with respect to communications of or to the State Bar
concerning the qualifications of the nominee or appointee.
(i) No person or entity shall be liable for any injury caused by
any act or failure to act, be it negligent, intentional,
discretionary, or otherwise, in the furtherance of the purposes of
this section, including, but not limited to, providing or receiving
any information, making any recommendations, and giving any reasons
therefor. As used in this section, the term "State Bar" means its
governing board and members thereof, the designated agency of the
State Bar and members thereof, and employees and agents of the State
Bar.
(j) At any time prior to the receipt of the report from the State
Bar specified in subdivision (c) the Governor may withdraw the name
of any person submitted to the State Bar for evaluation pursuant to
this section.
(k) No candidate for judicial office may be appointed until the
State Bar has reported to the Governor pursuant to this section, or
until 90 days have elapsed after submission of the candidate's name
to the State Bar, whichever occurs earlier. The requirement of this
subdivision shall not apply to any vacancy in judicial office
occurring within the 90 days preceding the expiration of the Governor'
s term of office, provided, however, that with respect to those
vacancies and with respect to nominations pursuant to subdivision (d)
of Section 16 of Article VI of the California Constitution, the
Governor shall be required to submit any candidate's name to the
State Bar in order to provide an opportunity, if time permits, to
make an evaluation.
(l) Nothing in this section shall be construed as imposing an
additional requirement for an appointment or nomination to judicial
office, nor shall anything in this section be construed as adding any
additional qualifications for the office of a judge.
(m) The Board of Governors of the State Bar shall not conduct or
participate in, or authorize any committee, agency, employee, or
commission of the State Bar to conduct or participate in, any
evaluation, review, or report on the qualifications, integrity,
diligence, or judicial ability of any specific justice of a court
provided for in Section 2 or 3 of Article VI of the California
Constitution without prior review and statutory authorization by the
Legislature, except an evaluation, review, or report on potential
judicial appointees or nominees as authorized by this section.
The provisions of this subdivision shall not be construed to
prohibit a member of the State Bar from conducting or participating
in an evaluation, review, or report in his or her individual
capacity.
(n) (1) Notwithstanding any other provision of this section, on or
before March 1, 2007, and on or before March 1 of each year
thereafter, all of the following shall occur:
(A) The Governor shall collect and release, on an aggregate
statewide basis, all of the following:
(i) Demographic data provided by all judicial applicants relative
to ethnicity, race, and gender.
(ii) Demographic data relative to ethnicity, race, and gender as
provided by all judicial applicants, both as to those judicial
applicants who have been and those who have not been submitted to the
State Bar for evaluation.
(iii) Demographic data relative to ethnicity, race, and gender of
all judicial appointments or nominations as provided by the judicial
appointee or nominee.
(B) The designated agency of the State Bar responsible for
evaluation of judicial candidates shall collect and release both of
the following on an aggregate statewide basis:
(i) Statewide demographic data provided by all judicial applicants
reviewed relative to ethnicity, race, gender, and areas of legal
practice and employment.
(ii) The statewide summary of the recommendations of the
designated agency of the State Bar by ethnicity, race, gender, and
areas of legal practice and employment.
(C) The Administrative Office of the Courts shall collect and
release the demographic data provided by justices and judges
described in Article VI of the California Constitution relative to
ethnicity, race, and gender, by specific jurisdiction.
(2) Any demographic data disclosed or released pursuant to this
subdivision shall disclose only aggregated statistical data and shall
not identify any individual applicant, justice, or judge.
(o) If any provision of this section other than a provision
relating to or providing for confidentiality or privilege from
disclosure of any communication or matter, or the application of the
provision to any person or circumstances, is held invalid, the
remainder of this section to the extent it can be given effect, or
the application of the provision to persons or circumstances other
than those as to which it is held invalid, shall not be affected
thereby, and to this extent the provisions of this section are
severable. If any other act of the Legislature conflicts with the
provisions of this section, this section shall prevail.
12012. The Governor is the sole official organ of communication
between the government of this State and the government of any other
State or of the United States.
12012.1. Whenever a treaty is in force providing for the transfer
of offenders between the United States and a foreign country, the
Governor or his designee is authorized to give the approval of the
state to a transfer as provided in the treaty, upon the application
of a person under the jurisdiction of the Department of Corrections,
the Department of the Youth Authority, and the State Department of
Health Services.
12012.5. (a) The following tribal-state compacts entered in
accordance with the Indian Gaming Regulatory Act of 1988 (18 U.S.C.
Sec. 1166 et seq. and 25 U.S.C. Sec. 2701 et seq.) are hereby
ratified:
(1) The compact between the State of California and the Barona
Band of Mission Indians, executed on August 12, 1998.
(2) The compact between the State of California and the Big Sandy
Rancheria of Mono Indians, executed on July 20, 1998.
(3) The compact between the State of California and the Cher-Ae
Heights Indian Community of Trinidad Rancheria, executed on July 13,
1998.
(4) The compact between the State of California and the Jackson
Rancheria Band of Miwuk Indians, executed on July 13, 1998.
(5) The compact between the State of California and the Mooretown
Rancheria of Concow/Maidu Indians, executed on July 13, 1998.
(6) The compact between the State of California and the Pala Band
of Mission Indians, as approved by the Secretary of the Interior on
April 25, 1998.
(7) The compact between the State of California and the Redding
Rancheria, executed on August 11, 1998.
(8) The compact between the State of California and the Rumsey
Indian Rancheria of Wintun Indians of California, executed on July
13, 1998.
(9) The compact between the State of California and the Sycuan
Band of Mission Indians, executed on August 12, 1998.
(10) The compact between the State of California and the Table
Mountain Rancheria, executed on July 13, 1998.
(11) The compact between the State of California and the Viejas
Band of Kumeyaay Indians, executed on or about August 17, 1998.
The terms of each compact apply only to the State of California
and the tribe that has signed it, and the terms of these compacts do
not bind any tribe that is not a signatory to any of the compacts.
(b) Any other compact entered into between the State of California
and any other federally recognized Indian tribe which is executed
after August 24, 1998, is hereby ratified if (1) the compact is
identical in all material respects to any of the compacts ratified
pursuant to subdivision (a), and (2) the compact is not rejected by
each house of the Legislature, two-thirds of the membership thereof
concurring, within 30 days of the date of the submission of the
compact to the Legislature by the Governor. However, if the 30-day
period ends during a joint recess of the Legislature, the period
shall be extended until the fifteenth day following the day on which
the Legislature reconvenes. A compact will be deemed to be materially
identical to a compact ratified pursuant to subdivision (a) if the
Governor certifies that it is materially identical at the time he or
she submits it to the Legislature.
(c) The Legislature acknowledges the right of federally recognized
tribes to exercise their sovereignty to negotiate and enter into
compacts with the state that are materially different from the
compacts ratified pursuant to subdivision (a). These compacts shall
be ratified upon approval of each house of the Legislature, a
majority of the membership thereof concurring.
(d) The Governor is the designated state officer responsible for
negotiating and executing, on behalf of the state, tribal-state
gaming compacts with federally recognized Indian tribes in the State
of California pursuant to the federal Indian Gaming Regulatory Act of
1988 (18 U.S.C. Sec. 1166 et seq. and 25 U.S.C. Sec. 2701 et seq.)
for the purpose of authorizing class III gaming, as defined in that
act, on Indian lands. Nothing in this section shall be construed to
deny the existence of the Governor's authority to have negotiated and
executed tribal-state compacts prior to the effective date of this
section.
(e) The Governor is authorized to waive the state's immunity to
suit in federal court in connection with any compact negotiated with
an Indian tribe or any action brought by an Indian tribe under the
Indian Gaming Regulatory Act (18 U.S.C. Sec. 1166 et seq. and 25
U.S.C. Sec. 2701 et seq.).
(f) In deference to tribal sovereignty, the execution of, and
compliance with the terms of, any compact specified under subdivision
(a) or (b) shall not be deemed to constitute a project for purposes
of the California Environmental Quality Act (Division 13 (commencing
with Section 21000) of the Public Resources Code).
(g) Nothing in this section shall be interpreted to authorize the
unilateral imposition of a statewide limit on the number of lottery
devices or of any allocation system for lottery devices on any Indian
tribe that has not entered into a compact that provides for such a
limit or allocation system. Each tribe may negotiate separately with
the state over these matters on a government-to-government basis.
12012.25. (a) The following tribal-state gaming compacts entered
into in accordance with the Indian Gaming Regulatory Act of 1988 (18
U.S.C. Sec. 1166 to 1168, incl., and 25 U.S.C. Sec. 2701 et seq.) are
hereby ratified:
(1) The compact between the State of California and the Alturas
Rancheria, executed on September 10, 1999.
(2) The compact between the State of California and the Barona
Band of Mission Indians, executed on September 10, 1999.
(3) The compact between the State of California and the Big Sandy
Rancheria Band of Mono Indians, executed on September 10, 1999.
(4) The compact between the State of California and the Big Valley
Rancheria, executed on September 10, 1999.
(5) The compact between the State of California and the Bishop
Paiute Tribe, executed on September 10, 1999.
(6) The compact between the State of California and the Blue Lake
Rancheria, executed on September 10, 1999.
(7) The compact between the State of California and the Buena
Vista Band of Me-wuk Indians, executed on September 10, 1999.
(8) The compact between the State of California and the Cabazon
Band of Mission Indians, executed on September 10, 1999.
(9) The compact between the State of California and the Cahto
Tribe of Laytonville, executed on September 10, 1999.
(10) The compact between the State of California and the Cahuilla
Band of Mission Indians, executed on September 10, 1999.
(11) The compact between the State of California and the Campo
Band of Mission Indians, executed on September 10, 1999.
(12) The compact between the State of California and the
Chemehuevi Indian Tribe, executed on September 10, 1999.
(13) The compact between the State of California and the Chicken
Ranch Rancheria, executed on September 10, 1999.
(14) The compact between the State of California and the Coast
Indian Community of the Resighini Rancheria, executed on September
10, 1999.
(15) The compact between the State of California and the Colusa
Indian Community, executed on September 10, 1999.
(16) The compact between the State of California and the Dry Creek
Rancheria Band of Pomo Indians, executed on September 10, 1999.
(17) The compact between the State of California and the Elk
Valley Rancheria, executed on September 10, 1999.
(18) The compact between the State of California and the
Ewiiaapaayp Band of Kumeyaay, executed on September 10, 1999.
(19) The compact between the State of California and the Hoopa
Valley Tribe, executed on September 10, 1999.
(20) The compact between the State of California and the Hopland
Band of Pomo Indians, executed on September 10, 1999.
(21) The compact between the State of California and the Jackson
Band of Mi-Wuk Indians, executed on September 10, 1999.
(22) The compact between the State of California and the Jamul
Indian Reservation, executed on September 10, 1999.
(23) The compact between the State of California and the La Jolla
Indian Reservation, executed on September 10, 1999.
(24) The compact between the State of California and the Manzanita
Tribe of Kumeyaay Indians, executed on September 10, 1999.
(25) The compact between the State of California and the Mesa
Grande Band of Mission Indians, executed on September 10, 1999.
(26) The compact between the State of California and the
Middletown Rancheria Band of Pomo Indians, executed on September 10,
1999.
(27) The compact between the State of California and the Morongo
Band of Mission Indians, executed on September 10, 1999.
(28) The compact between the State of California and the Mooretown
Rancheria Concow Maidu Tribe, executed on September 10, 1999.
(29) The compact between the State of California and the Pala Band
of Mission Indians, executed on September 10, 1999.
(30) The compact between the State of California and the Paskenta
Band of Nomlaki Indians, executed on September 10, 1999.
(31) The compact between the State of California and the Pechanga
Band of Luiseno Indians, executed on September 10, 1999.
(32) The compact between the State of California and the Picayune
Rancheria of Chukchansi Indians, executed on September 10, 1999.
(33) The compact between the State of California and the Quechan
Nation, executed on September 10, 1999.
(34) The compact between the State of California and the Redding
Rancheria, executed on September 10, 1999.
(35) The compact between the State of California and the Rincon,
San Luiseno Band of Mission Indians, executed on September 10, 1999.
(36) The compact between the State of California and the Rumsey
Band of Wintun Indians, executed on September 10, 1999.
(37) The compact between the State of California and the Robinson
Rancheria Band of Pomo Indians, executed on September 10, 1999.
(38) The compact between the State of California and the
Rohnerville Rancheria, executed on September 10, 1999.
(39) The compact between the State of California and the San
Manuel Band of Mission Indians, executed on September 10, 1999.
(40) The compact between the State of California and the San
Pasqual Band of Mission Indians, executed on September 10, 1999.
(41) The compact between the State of California and the Santa
Rosa Rancheria Tachi Tribe, executed on September 10, 1999.
(42) The compact between the State of California and the Santa
Ynez Band of Chumash Indians, executed on September 10, 1999.
(43) The compact between the State of California and the Sherwood
Valley Rancheria Band of Pomo Indians, executed on September 10,
1999.
(44) The compact between the State of California and the Shingle
Springs Band of Miwok Indians, executed on September 10, 1999.
(45) The compact between the State of California and the Smith
River Rancheria, executed on September 10, 1999.
(46) The compact between the State of California and the Soboba
Band of Mission Indians, executed on September 10, 1999.
(47) The compact between the State of California and the
Susanville Indian Rancheria, executed on September 10, 1999.
(48) The compact between the State of California and the Sycuan
Band of Kumeyaay Indians, executed on September 10, 1999.
(49) The compact between the State of California and the Table
Mountain Rancheria, executed on September 10, 1999.
(50) The compact between the State of California and the Trinidad
Rancheria, executed on September 10, 1999.
(51) The compact between the State of California and the Tule
River Indian Tribe, executed on September 10, 1999.
(52) The compact between the State of California and the Tuolumne
Band of Me-wuk Indians, executed on September 10, 1999.
(53) The compact between the State of California and the Twenty
Nine Palms Band of Mission Indians, executed on September 10, 1999.
(54) The compact between the State of California and the Tyme
Maidu Tribe, Berry Creek Rancheria, executed on September 10, 1999.
(55) The compact between the State of California and the United
Auburn Indian Community, executed on September 10, 1999.
(56) The compact between the State of California and the Viejas
Band of Kumeyaay Indians, executed on September 10, 1999.
(57) The compact between the State of California and the Coyote
Valley Band of Pomo Indians, executed on September 10, 1999.
(b) Any other tribal-state gaming compact entered into between the
State of California and a federally recognized Indian tribe which is
executed after September 10, 1999, is hereby ratified if both of the
following are true:
(1) The compact is identical is all material respects to any of
the compacts expressly ratified pursuant to subdivision (a). A
compact shall be deemed to be materially identified to a compact
ratified pursuant to subdivision (a) if the Governor certifies it is
materially identical at the time he or she submits it to the
Legislature.
(2) The compact is not rejected by each house of the Legislature,
two-thirds of the membership thereof concurring, within 30 days of
the date of the submission of the compact to the Legislature by the
Governor. However, if the 30-day period ends during a joint recess of
the Legislature, the period shall be extended until the fifteenth
day following the day on which the Legislature reconvenes.
(c) The Legislature acknowledges the right of federally recognized
Indian tribes to exercise their sovereignty to negotiate and enter
into tribal-state gaming compacts that are materially different from
the compacts ratified pursuant to subdivision (a). These compacts
shall be ratified by a statute approved by each house of the
Legislature, a majority of the members thereof concurring, and signed
by the Governor, unless the statute contains implementing or other
provisions requiring a supermajority vote, in which case the statute
shall be approved in the manner required by the Constitution.
(d) The Governor is the designated state officer responsible for
negotiating and executing, on behalf of the state, tribal-state
gaming compacts with federally recognized Indian tribes located
within the State of California pursuant to the federal Indian Gaming
Regulatory Act of 1988 (18 U.S.C. Sec. 1166 to 1168, incl., and 25
U.S.C. Sec. 2701 et seq.) for the purpose of authorizing class III
gaming, as defined in that act, on Indian lands within this state.
Nothing in this section shall be construed to deny the existence of
the Governor's authority to have negotiated and executed tribal-state
gaming compacts prior to the effective date of this section.
(e) Following completion of negotiations conducted pursuant to
subdivision (b) or (c), the Governor shall submit a copy of any
executed tribal-state compact to both houses of the Legislature for
ratification, and shall submit a copy of the executed compact to the
Secretary of State for purposes of subdivision (f).
(f) Upon receipt of a statute ratifying a tribal-state compact
negotiated and executed pursuant to subdivision (c), or upon the
expiration of the review period described in subdivision (b), the
Secretary of State shall forward a copy of the executed compact and
the ratifying statute, if applicable, to the Secretary of the
Interior for his or her review and approval, in accordance with
paragraph (8) of subsection (d) of Section 2710 of Title 25 of the
United States Code.
(g) In deference to tribal sovereignty, neither the execution of a
tribal-state gaming compact nor the on-reservation impacts of
compliance with the terms of a tribal-state gaming compact shall be
deemed to constitute a project for purposes of the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code).
12012.30. The tribal-state gaming compact entered into in
accordance with the Indian Gaming Regulatory Act of 1988 (18 U.S.C.
Secs. 1166 to 1168, incl., and 25 U.S.C. Sec. 2701 et seq.) between
the State of California and the Torres-Martinez Desert Cahuilla
Indians, executed on August 12, 2003, is hereby ratified.
12012.35. (a) The tribal-state gaming compact entered into in
accordance with the Indian Gaming Regulatory Act of 1988 (18 U.S.C.
Secs. 1166 to 1168, incl., and 25 U.S.C. Sec. 2701 et seq.) between
the State of California and the La Posta Band of Diegue