BILL ANALYSIS Ó
SENATE COMMITTEE ON EDUCATION
Alan Lowenthal, Chair
2011-2012 Regular Session
BILL NO: AB 334
AUTHOR: Bonnie Lowenthal
AMENDED: March 7, 2011
FISCAL COMM: No HEARING DATE: June 8, 2011
URGENCY: No CONSULTANT: Daniel Alvarez
SUBJECT : Community college board members: absence from the
state.
SUMMARY
This bill provides that existing provisions of law
regarding absences, from the state, for members of a school
district governing board are also applicable to members of
community college governing boards. In addition, the bill
permits school district and community college governing
boards to authorize an extended absence for a board member
in the case of illness or urgent necessity.
BACKGROUND
Current law prohibits a member of a school district
governing board from being absent from the state for more
than 60 days except under the following circumstances:
a)To conduct business of the school district with board
approval.
b) With the consent of the governing board of the
school district for an additional period not to exceed
a total absence of 90 days.
c) For military deployment, not to exceed an absence
of six months. The governing board may approve an
additional six-month absence upon a showing that there
is reasonable expectation that the member will return
within the second six-month period. Provides that the
governing board may appoint an interim member under
specified circumstances and provides that the term of
that interim member may not extend beyond the return
of the absent member or beyond the next regularly
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scheduled election for the office.
d) In the case of illness or other urgent necessity,
the time limited for an absence from the state may be
extended by the governing board for an additional 30
day period, for a maximum total absence of 90 days.
(Government Code §1064)
Current law permits the governing body of a city council or
municipality to provide for an extended absence of a board
member in the case of illness or other urgent necessity.
(GC § 1062)
ANALYSIS
This bill provides that existing provisions of law
regarding absences from the state for members of a school
district governing board are also applicable to members of
community college governing boards. In addition, the bill
permits school district and community college governing
boards to authorize an extended absence for a board member
in the case of illness or urgent necessity.
STAFF COMMENTS
Need for the bill . Due to the recent illness and subsequent
treatment of a Long Beach community college district
(LBCCD) board member, the medical treatment prescribed by
the member's physician required an extended stay at a
treatment facility outside of California. Current law,
however, limited the amount of time the LBCCD board could
approve for this absence to 120 days. An absence extending
beyond 120 days, even an absence of medical necessity,
causes the member to forfeit his or her seat. No such time
limitation or possibility of forfeiture exists for members
of state and municipal boards who encounter health issues.
Consistent application of local discretion seems
reasonable. This bill will create parity between Government
Code Sections 1062 and 1064 where they relate to a case of
illness while preserving the integrity of the statutory
separation between different types of elected boards.
Specifically, this bill gives school district and community
college governing boards the same options and authority as
state and municipal boards to meet the health and welfare
needs of their elected board members. Advances in both
medical care and telecommunication technology, can allow
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for reasonable out-of-state absences (in the case of
medical treatment) at the discretion of the local governing
body.
SUPPORT
California School Boards Association
Community College League of California
Long Beach Community College District
OPPOSITION
None on file.