Bill Text: CA AB1203 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Public school employee organizations: unelected members:

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2012-09-30 - Chaptered by Secretary of State - Chapter 804, Statutes of 2012. [AB1203 Detail]

Download: California-2011-AB1203-Amended.html

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BILL NUMBER: AB 1203	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 11, 2011
	AMENDED IN ASSEMBLY  APRIL 27, 2011

INTRODUCED BY   Assembly Member Mendoza
   (Coauthor: Assembly Member Lara)

                        FEBRUARY 18, 2011

   An act to amend Sections 45210 and 88210 of the Education Code,
and to amend Section 3505.3 of the Government Code, relating to
public employee organizations.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1203, as amended, Mendoza. Public employee organizations:
members: paid leaves of absence.
   Existing law requires that the governing board of a school
district or a community college district grant to any classified
employee, upon request, a paid leave of absence to enable the
employee to serve as an elected officer of any school district public
employee organization or community college district public employee
organization, as specified. Existing law requires that following the
school district's or community college district's payment of the
employee for the leave of absence, it be reimbursed by the employee
organization of which the employee is an elected officer for all
compensation paid to the employee on account of the leave.
   This bill would expand these provisions to additionally require a
school district or a community college district to provide a paid
leave of absence to a member of any school district public employee
organization or community college district public employee
organization for activities the member is authorized by the
organization to attend, and would require the employee organization
to reimburse the school district or community college district on
behalf of a member who receives a paid leave of absence.
   The Meyers-Milias-Brown Act requires that local public agencies
allow a reasonable number of local public agency employee
representatives of recognized employee organizations reasonable time
off without loss of compensation or other benefits when formally
meeting and conferring with representatives of the public agency.
   This bill would additionally require the local public agency to
give reasonable time off to public agency employee representatives
when they are participating in proceedings before the Public
Employment Relations Board in matters relating to a charge filed by
the employee organization against the public agency, or in other
matters in furtherance of the employee organization's right to
represent members in employment relations, including personnel and
merit commission hearings, city council meetings, and labor
management committee meetings.
   This bill would additionally require an employee organization to
provide reasonable notification to the employer requesting a leave of
absence without loss of compensation for any of the above-described
activities. 
   The above-described provisions would not apply to an employee who
is subject to a collective bargaining agreement that expressly
provides for a leave of absence without loss of compensation for
participation in authorized activities as an elected officer or
member of the public employee organization. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 45210 of the Education Code is amended to read:

   45210.  (a) The governing board of a school district shall grant
to any classified employee, upon request, a leave of absence without
loss of compensation for the purpose of enabling the employee to
serve as an elected officer or a member of any local school district
public employee organization, or any statewide or national public
employee organization with which the local organization is
affiliated.
   The leave shall include, but is not limited to, absence for
purposes of attendance by the employee at periodic, stated, special,
or regular meetings of the body of the organization on which the
employee serves as an officer, or if the employee is a member of the
organization, any organizational activities the member is authorized
by the organization to attend. Compensation during the leave shall
include retirement fund contributions required of the school district
as employer. The employee shall earn full service credit during the
leave of absence and shall pay member contributions as prescribed by
subdivision (a) of Section 20677 of the Government Code. The maximum
amount of the service credit earned shall not exceed 12 years.
   Following the school district's payment of the employee for the
leave of absence, the school district shall be reimbursed by the
employee organization of which the employee is an elected officer or
a member for all compensation paid the employee on account of the
leave. Reimbursement by the employee organization shall be made
within 10 days after its receipt of the school district's
certification of payment of compensation to the employee.
   The leave of absence without loss of compensation provided for by
this section is in addition to the released time without loss of
compensation granted to representatives of an exclusive
representative by subdivision (c) of Section 3543.1 of the Government
Code.
   For purposes of this section, "school district" also means "county
superintendent of schools."
   (b) Whenever possible, the representing employee organization
shall provide reasonable notification to the employer requesting a
leave of absence without loss of compensation pursuant to subdivision
(a) of this section.
   (c) A classified employee who after August 31, 1987, was absent on
account of elected-officer service, shall receive full service
credit in the Public Employees' Retirement System; provided that, not
later than April 30, 1988: (1) the employee makes a written request
to the employer for a leave of absence for the period of the
elected-officer service, and (2) the employee organization of which
the employee is an elected officer pays to the employee's school
district an amount equal to the required Public Employees' Retirement
System member and employer retirement contributions, as prescribed
by this section.
   The school district, following this written request and payment,
shall transmit the amount received to the Public Employees'
Retirement System, informing it of the period of the employee's leave
of absence. The Public Employees' Retirement System shall credit the
employee with all service credit earned for the period of the
elected-officer leave of absence.
   If the employee has been compensated by the school district for
the period of the service, then, as a condition to the employee's
entitlement to service credit for this period, the school district
shall be reimbursed by the employee organization for the amount of
the compensation.
   The provisions of this subdivision shall apply retroactively to
all service as an elective officer in a public employee organization
occurring after August 31, 1987. 
   (d) This section shall not apply to an employee who is subject to
a collective bargaining agreement that expressly provides for a leave
of absence without loss of compensation for participation in
authorized activities as an elected officer or member of the public
employee organization. 
  SEC. 2.  Section 88210 of the Education Code is amended to read:
   88210.  (a) The governing board of a community college district
shall grant to any classified employee, upon request, a leave of
absence without loss of compensation for the purpose of enabling the
employee to serve as an elected officer or a member of any local
community college district public employee organization, or of any
statewide or national public employee organization with which the
local organization is affiliated.
   The leave shall include, but is not limited to, absence for
purposes of attendance by the employee at periodic, stated, special,
or regular meetings of the body of the organization on which the
employee serves as an officer, or if the employee is a member of the
organization, any organizational activities the member is authorized
by the organization to attend. Compensation during the leave shall
include retirement fund contributions required of the community
college district employer. The employee shall earn full service
credit during the leave of absence and shall pay member contributions
as prescribed by subdivision (a) of Section 20677 of the Government
Code. The maximum amount of the service credit earned shall not
exceed 12 years.
   Following the community college district's payment of the employee
for the leave of absence, the community college district shall be
reimbursed by the employee organization of which the employee is an
elected officer or a member for all compensation paid the employee on
account of the leave. Reimbursement by the employee organization
shall be made within 10 days after its receipt of the community
college district's certification of payment of compensation to the
employee.
   The leave of absence without loss of compensation provided for by
this section is in addition to the released time without loss of
compensation granted to representatives of an exclusive
representative by subdivision (c) of Section 3543.1 of the Government
Code.
   (b) Whenever possible, the representing employee organization
shall provide reasonable notification to the employer requesting a
leave of absence without loss of compensation pursuant to subdivision
(a) of this section.
   (c) A classified employee who after August 31, 1987, was absent on
account of elected-officer service, shall receive full service
credit in the Public Employees' Retirement System; provided that, not
later than April 30, 1988: (1) the employee makes a written request
to the employer for a leave of absence for the period of the
elected-officer service, and (2) the employee organization of which
the employee is an elected officer pays to the employee's community
college district an amount equal to the required Public Employees'
Retirement System member and employer retirement contributions, as
prescribed by this section.
   The community college district, following the written request and
payment, shall transmit the amount received to the Public Employees'
Retirement System, informing it of the period of the employee's leave
of absence. The Public Employees' Retirement System shall credit the
employee with all service credit earned for the period of the
elected-officer leave of absence.
   If the employee has been compensated by the community college
district for the period of the service, then, as a condition to the
employee's entitlement to service credit for the period, the
community college district shall be reimbursed by the employee
organization for the amount of the compensation.
   The provisions of this subdivision shall apply retroactively to
all service as an elected officer in a public employee organization
occurring after August 31, 1987. 
   (d) This section shall not apply to an employee who is subject to
a collective bargaining agreement that expressly provides for a leave
of absence without loss of compensation for participation in
authorized activities as an elected officer or member of the public
employee organization. 
  SEC. 3.  Section 3505.3 of the Government Code is amended to read:
   3505.3.  (a) Public agencies shall allow a reasonable number of
public agency employee representatives of recognized employee
organizations reasonable time off without loss of compensation or
other benefits when they are participating in any one of the
following activities:
   (1) Formally meeting and conferring with representatives of the
public agency on matters within the scope of representation.
   (2) Testifying, participating, or representing the employee
organization in conferences, hearings, or other proceedings before
the Public Employment Relations Board, or an agent thereof, in
matters relating to a charge filed by the employee organization
against the public agency.
   (3) Testifying, participating, or representing the employee
organization in other matters in furtherance of the employee
organization's right to represent members in employment relations,
including personnel and merit commission hearings, city council
meetings, and labor management committee meetings.
   (b) Whenever possible, the representing employee organization
shall provide reasonable notification to the employer requesting a
leave of absence without loss of compensation pursuant to subdivision
(a) of this section. 
   (c) This section shall not apply to an employee who is subject to
a collective bargaining agreement that expressly provides for a leave
of absence without loss of compensation for participation in
authorized activities as an elected officer or member of the public
employee organization.