BILL NUMBER: AB 1203	CHAPTERED
	BILL TEXT

	CHAPTER  804
	FILED WITH SECRETARY OF STATE  SEPTEMBER 30, 2012
	APPROVED BY GOVERNOR  SEPTEMBER 30, 2012
	PASSED THE SENATE  AUGUST 28, 2012
	PASSED THE ASSEMBLY  AUGUST 29, 2012
	AMENDED IN SENATE  AUGUST 23, 2012
	AMENDED IN SENATE  AUGUST 22, 2011
	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,
relating to public school employee organizations.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1203, Mendoza. Public school employee organizations: unelected
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 classified employee who is an unelected member
of a 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 an unelected member who
receives a paid leave of absence.
   The 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 PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

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

   45210.  (a) (1) The governing board of a school district shall
grant to a 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 of a local school district public
employee organization, or a statewide or national public employee
organization with which the local organization is affiliated.
   (2) 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. 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.
   (b) Upon request of a recognized local school district public
employee organization, or a statewide or national public employee
organization with which the local organization is affiliated, the
governing board of a school district shall grant a leave of absence,
without loss of compensation, to a reasonable number of unelected
classified employees for the purpose of enabling an employee to
attend important organizational activities authorized by the public
employee organization. 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.
   (c) 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
an unelected 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.
   (d) 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.
   (e) For purposes of this section, "school district" also means
"county superintendent of schools."
   (f) The representing employee organization shall provide
reasonable notification to the employer requesting a leave of absence
without loss of compensation pursuant to subdivision (a).
   (g) (1) 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, both of the following conditions
are met:
   (A) The employee makes a written request to the employer for a
leave of absence for the period of the elected-officer service.
   (B) 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.
   (2) 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.
   (3) 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.
   (4) 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.
   (h) 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 an unelected member of
the public employee organization.
  SEC. 2.  Section 88210 of the Education Code is amended to read:
   88210.  (a) (1) The governing board of a community college
district shall grant to a 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 of a local community
college district public employee organization, or of a statewide or
national public employee organization with which the local
organization is affiliated.
   (2) 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. 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.
   (b) Upon request of a recognized local community college district
public employee organization, or a statewide or national public
employee organization with which the local organization is
affiliated, the governing board of a community college district shall
grant a leave of absence, without loss of compensation, to a
reasonable number of unelected classified employees for the purpose
of enabling an employee to attend important organizational activities
authorized by the public employee organization. Compensation during
the leave shall include retirement fund contributions required of the
community college 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.
   (c) 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 an unelected 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.
   (d) 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.
   (e) The representing employee organization shall provide
reasonable notification to the employer requesting a leave of absence
without loss of compensation pursuant to subdivision (a).
   (f) (1) 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, both of the following conditions
are met:
   (A) The employee makes a written request to the employer for a
leave of absence for the period of the elected-officer service.
   (B) 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.
   (2) 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.
   (3) 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.
   (4) 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.
   (g) 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 an unelected member of
the public employee organization.