Bill Text: CA AB164 | 2009-2010 | Regular Session | Amended

California Assembly Bill 164 (Prior Session Legislation)

Bill Title: School districts: compensation of district

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced - Dead) 2010-02-01 - From committee without further action pursuant to Joint Rule 62(a). [AB164 Detail]

Download: California-2009-AB164-Amended.html

BILL NUMBER: AB 164	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 22, 2009

INTRODUCED BY   Assembly Member Mendoza
   (Coauthors: Assembly Members Anderson and Caballero)

                        JANUARY 27, 2009

   An act to add Section 35031.5 to the Education Code, relating to
school districts.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 164, as amended, Mendoza. School districts: compensation of
district superintendents.
   Existing law establishes the system of public elementary and
secondary education in this state. Under that system, the governing
boards of school districts throughout the state operate elementary
and secondary schools and are authorized to employ various employees
and officers, including a district superintendent. Existing law
authorizes the governing board of a school district to elect a
district superintendent, among other officers, for a term of no more
than 4 years. 
   This bill would, commencing January 1, 2010, prohibit the
governing board of a school district from entering into an employment
contract with a district superintendent that contains provisions
that obligate the district or school to compensate the district
superintendent for work that he or she has not performed. The bill in
addition would, commencing January 1, 2010, require the governing
board of a school district to include in any contract for the
services of a district superintendent the provision that the district
superintendent shall receive no retirement, medical, dental, or
other benefits that would exceed the benefits that a civil service
employee of that district with a substantially similar salary would
earn during an equivalent period of service.  
   This bill would, commencing January 1, 2010, require the governing
board of a school district to include specified provisions in any
contract for the services of a district superintendent, including the
authority to terminate the district superintendent at any time
during the term of the contract, with the district retaining an
option, if the amount remaining in the contract is less than $50,000,
to either release a district superintendent from any further
responsibilities with the district or to provide the former district
superintendent with a full-time position with the district for which
the former district superintendent is qualified.  
   The bill would specify that, if the district chooses to release
the former district superintendent from any further responsibilities
with the district, the former district superintendent would agree
that any income he or she earns during the term of the contract as
the superintendent or chief executive officer of a school district in
the United States shall be offset from the amount otherwise owed to
the former district superintendent under the contract. For
terminations of contracts in which the amount remaining is $50,000 or
more, the school district would be required to provide the former
district superintendent with a full-time position with the district
for which the former district superintendent is qualified.  

   The bill would also require that the contract include a provision
requiring that the district superintendent receive no retirement,
medical, dental, or other benefits that would exceed the benefits
that any certificated employee of the school district receives, but
the bill would authorize the district to compensate the former
superintendent for benefits actually earned. 
   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 35031.5 is added to the 
 Education Code  , to read:  
   35031.5.  Notwithstanding any other provision of law, commencing
on January 1, 2010, the governing board of a school district shall
include each of the following provisions in any contract for the
services of a district superintendent:
   (a) The governing board shall have the authority to terminate the
district superintendent at any time during the term of the contract.
However, if the amount owing to the superintendent pursuant to the
contract is less than fifty thousand dollars ($50,000), the governing
board shall have the option of either of the following:
   (1) Releasing the former district superintendent from any further
responsibilities with the district. If the district chooses to
release the former district superintendent pursuant to this
paragraph, the former district superintendent shall agree that any
income he or she earns during the term of the contract as the
superintendent or chief executive officer of a school district in the
United States shall be offset from the amount otherwise owed to the
former district superintendent under the contract.
   (2) Providing the former district superintendent with a full-time
position with the district for which the former district
superintendent is qualified. If this option is chosen by the
governing board, the district superintendent shall serve in that
capacity for the remainder of the term of the contract and shall be
compensated in accordance with that contract. If the former district
superintendent declines to take the position offered to him or her
under this paragraph, he or she shall be deemed to be in breach of
the contract and the district shall be relieved of any obligation to
compensate the former district superintendent.
   (b) If the governing board terminates the district superintendent
pursuant to subdivision (a) and the amount remaining in the contract
is fifty thousand dollars ($50,000) or more, the governing board
shall not have the option specified in paragraph (1) of subdivision
(a), but instead shall proceed according to paragraph (2) of
subdivision (a).
   (c) The district superintendent shall receive no retirement,
medical, dental, or other benefits that would exceed the benefits
that any certificated employee of that district receives. The
district may compensate a former superintendent terminated pursuant
to this section for any retirement, medical, dental, or other
benefits actually earned during the term of the contract. 

  SECTION 1.    Section 35031.5 is added to the
Education Code, to read:
   35031.5.  (a) Notwithstanding any other provision of law,
commencing January 1, 2010, the governing board of a school district
shall not enter into an employment contract with a district
superintendent that contains provisions that obligate the district or
school to compensate the district superintendent for work that he or
she has not performed.
   (b) Notwithstanding any other provision of law, commencing January
1, 2010, the governing board of a school district shall include in
any contract for the services of a district superintendent a
provision that the district superintendent shall receive no
retirement, medical, dental, or other benefits that would exceed the
benefits that a civil service employee of that district with a
substantially similar salary would earn during an equivalent period
of service.