AB 280,
as amended, Alejo. begin deleteLocal agency employment contracts: maximum cash settlement. end deletebegin insertSchool employees: paid voluntary leave of absence.end insert
Existing law authorizes the governing board of a school district to grant a leave of absence with pay to a school employee under specified circumstances, including, among others, if the employee is called for jury duty.
end insertbegin insertThis bill would prohibit the governing board of a school district from granting a paid voluntary leave of absence to a district superintendent, deputy superintendent, assistant superintendent, or associate superintendent, of schools other than for those specified purposes, unless the paid voluntary leave of absence is approved by the governing board of the school district at a public meeting.
end insertExisting law requires all employment contracts between an employee and a local agency employer to contain a provision that provides for the amount of cash settlement that may be paid out if the contract is terminated, as specified. Existing law provides that the maximum settlement that an employee can receive is an amount equal to the monthly salary of the employee multiplied by the number of months left on the unexpired term of the contract, or, if the unexpired terms of the contract is greater than 18 months, an amount equal to the monthly salary of the employee multiplied by 18.
end deleteThis bill would provide that in the case of the voluntary termination of the employment contract of a district superintendent, deputy superintendent, assistant superintendent, or associate superintendent of schools, regardless of the number of months left on the unexpired term of the contract, the maximum cash settlement shall be an amount equal to the monthly salary of the employee multiplied by 3. The bill would provide that in the case of the involuntary termination of the employment contract of a district superintendent, deputy superintendent, assistant superintendent, or associate superintendent of schools, regardless of the number of months left on the unexpired term of the contract, the maximum cash settlement shall be an amount equal to the monthly salary of the employee multiplied by 6.
end deleteExisting law limits the amount of a cash or noncash settlement that a local agency employer may provide its district superintendent of schools to an amount no greater than the superintendent’s monthly salary multiplied by zero to 6 if it terminates the superintendent’s contract of employment and it is confirmed pursuant to an independent audit that the superintendent engaged in fraud, misappropriation of funds, or other illegal fiscal practices. In this case, existing law requires an administrative law judge, after a hearing, to determine the amount of the cash settlement.
end deleteThis bill would change the maximum cash or noncash settlement amount that may be paid by a local agency employer to its district superintendent, deputy superintendent, assistant superintendent, or associate superintendent of schools under these provisions to an amount no greater than the superintendent’s monthly salary multiplied by zero to one.
end deleteThe bill would also require that an unspecified calculation be used to determine the maximum sum that may be paid to a district superintendent, deputy superintendent, assistant superintendent, or associate superintendent who is placed on paid leave of absence. This bill additionally would require that the employee exhaust all accrued sick leave and vacation time before the paid leave of absence takes effect.
end deleteVote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
begin insertSection 44036 of the end insertbegin insertEducation
Codeend insertbegin insert is amended
2to read:end insert
(a) The governing board of a school district may grant
4begin delete leavesend deletebegin insert a leaveend insert of absence tobegin delete employeesend deletebegin insert an employeeend insert to appear as
5a witness in court other than as a litigantbegin insert,end insert or to respond to an
6official order from another governmental jurisdiction for reasons
7not brought about through the connivance or misconduct
of the
8employee.
9(b) The governing board of a school district may grantbegin delete leavesend delete
10begin insert a leaveend insert of absence tobegin delete employees,end deletebegin insert an employeeend insert inbegin delete positionsend deletebegin insert a
11positionend insert requiring certification qualifications, regularly called for
12jury duty in the manner provided for by law.
13(c) The governing boardbegin insert
of a school districtend insert may grantbegin delete such begin insert
a leaveend insert of absencebegin insert pursuant to subdivision (a) or (b)end insert with
14leavesend delete
15paybegin insert,end insert up to the amount of the difference between the employee’s
16regular earnings and any amount hebegin insert or sheend insert receives for jury or
17witness fees.
18(d) The governing board of a school district shall not grant a
19paid voluntary leave of absence to a district superintendent, deputy
20superintendent, assistant superintendent, or associate
21superintendent of schools, other than for those purposes specified
22in subdivision (a) or (b), unless the paid voluntary
leave of absence
23is approved by the governing board of the school district at a
24public meeting.
Section 53260 of the Government Code is
26amended to read:
(a) All contracts of employment between an employee
28and a local agency employer shall include a provision that provides
29that regardless of the term of the contract, if the contract is
30terminated, the maximum cash settlement that an employee may
31receive shall be an amount equal to the monthly salary of the
32employee multiplied by the number of months left on the unexpired
33term of the contract, with the following exceptions:
P4 1(1) If the unexpired term of the contract is greater than 18
2months, the maximum cash settlement shall be an amount equal
3to the monthly salary of the employee multiplied by 18.
4(2) In the case of the voluntary termination of the employment
5contract of a district superintendent, deputy superintendent,
6assistant superintendent, or associate superintendent of schools,
7regardless of the number of months left on the unexpired term of
8the contract, the maximum cash settlement shall be an amount
9equal to the monthly salary of the employee multiplied by three.
10(3) In the case of the involuntary termination of the employment
11contract of a district superintendent, deputy superintendent,
12assistant superintendent, or associate superintendent of schools,
13regardless of the number of months left on the
unexpired term of
14the contract, the maximum cash settlement shall be an amount
15equal to the monthly salary of the employee multiplied by six.
16(b) (1) Notwithstanding subdivision (a), if a local agency
17employer, including an administrator appointed by the
18Superintendent, terminates its contract of employment with its
19district superintendent, deputy superintendent, assistant
20superintendent, or associate superintendent of schools, that local
21agency employer may not provide a cash or noncash settlement to
22that employee in an amount greater
than the superintendent’s,
23deputy superintendent’s, assistant superintendent’s, or associate
24superintendent’s monthly salary multiplied by zero to one if the
25local agency employer believes, and subsequently confirms,
26pursuant to an independent audit, that the employee has engaged
27in fraud, misappropriation of funds, or other illegal fiscal practices.
28The amount of the cash settlement described in this paragraph shall
29be determined by an administrative law
judge after a hearing.
30(2) This subdivision shall apply only to a contract for
31employment negotiated on or after January 1, 2014.
32(c) The cash settlement formula described in subdivisions (a)
33and (b) are maximum ceiling on the amounts that may be paid by
34a local agency employer to an employee and is not a target or
35example of the amount of the cash settlement to be paid by a local
36agency employer to an employee in all contract termination cases.
Section 53260.3 is added to the Government Code, to
38read:
(a) (1) If a local agency employer, including an
40administrator appointed by the Superintendent, places a district
P5 1superintendent, deputy superintendent, assistant superintendent,
2or associate superintendent of schools on paid leave of absence,
3regardless of the length of that leave of absence, the local agency
4employer may not pay the employee an amount greater than the
5superintendent’s, deputy superintendent’s, assistant
6superintendent’s, or associate superintendent’s monthly salary
7multiplied by _____ for the duration of his or her leave of absence.
8(2) The pay formula described in paragraph (1) is a maximum
9ceiling on the amount that may be paid by a local agency employer
10to a district superintendent, deputy
superintendent, assistant
11superintendent, or associate superintendent of schools and is not
12a target or example of the amount to be paid by a local agency
13employer to an employee who is placed on a paid leave of absence
14in all cases.
15(b) Before a paid leave of absence for an employee subject to
16subdivision (a) takes effect, the local agency employer shall require
17the employee to exhaust all of his or her accrued sick leave and
18vacation time.
19(c) This section shall apply only to a contract for employment
20negotiated on or after January 1, 2014.
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