BILL NUMBER: SB 772 AMENDED BILL TEXT AMENDED IN SENATE APRIL 25, 2011 AMENDED IN SENATE MARCH 24, 2011 INTRODUCED BY Senator Alquist FEBRUARY 18, 2011 An act to add Sections 35122 , 47611.7, and 87000.5 to the Education Code, relating to education personnel. LEGISLATIVE COUNSEL'S DIGEST SB 772, as amended, Alquist. Education personnel: compensation. Existing law establishes the system of public elementary and secondary schools in this state, and provides for the establishment ofthelocal educational agencies, including school districts , that establish and operate the schools and provide instruction to pupils throughout the state. Existing law also establishes the California Community Colleges as one of the segments of public postsecondary education in the state. This bill would prohibit a school district or acommunity college districtcharter school , on and after January 1, 2012, from entering into, or renewing, a contract that provides a pay increase within the contract for any employee who is not eligible to be represented by an exclusive representative, in any fiscal year in which classified or certificated employees of that school district or that charter school have been terminated, provided notice of possible termination, or not provided with a cost-of-living adjustment, or that provides a pay increase in the fiscal year during which the contract is executed, relative to theimmediateimmediately past contract for that same position, for any employee who is not eligible to be represented by an exclusive representative, in any fiscal year when, in that same fiscal year, or the immediately past fiscal year, classified or certificated employees of that school district or that charter school have been terminated, provided notice of possible termination, or not provided with a cost-of-living adjustment. This provision would not apply to an employee who is terminated for cause, or provided with notice of possible termination for cause, due to a disciplinary action. This bill would prohibit a community college district, on and after January 1, 2012, from entering into, or renewing, a contract that provides a pay increase within the contract for any employee who is not eligible to be represented by an exclusive representative, in any fiscal year in which classified or certificated employees of that district have experienced termination or reduction of salary due to state budget cutbacks, or that provides a pay increase in the fiscal year during which the contract is executed, relative to the immediately past contract for that same position, for any employee who is not eligible to be represented by an exclusive representative, in any fiscal year when, in that same fiscal year, or the immediately past fiscal year, classified or certificated employees of that district have experienced termination or reduction of salary due to state budget cutbacks. This provision would not apply to an employee who is terminated for cause due to a disciplinary action. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 35122 is added to the Education Code, to read: 35122.Notwithstanding any other provision of(a) Notwithstanding any other law, on or after January 1, 2012, a school district shall not enter into, or renew, a contract that provides for either of the following:(a)(1) A pay increase for any employee who, pursuant to Section 3543.4 of the Government Code, is not eligible to be represented by an exclusive representative, in any fiscal year in which classified or certificated employees of that school district have been terminated, provided notice of possible termination, or not provided with a cost-of-living adjustment.(b)(2) A pay increase in the fiscal year during which the contract is executed, relative to theimmediateimmediately past contract for that same position, for any employee who, pursuant to Section 3543.4 of the Government Code, is not eligible to be represented by an exclusive representative, if in that same fiscal year, or the immediately past fiscal year, classified or certificated employees of that school district have been terminated, provided notice of possible termination, or not provided with a cost-of-living adjustment. (b) This section does not apply to an employee who is terminated for cause, or provided with notice of possible termination for cause, due to a disciplinary action. SEC. 2. Section 47611.7 is added to t he Education Code , to read: 47611.7. (a) Notwithstanding any other law, on or after January 1, 2012, a charter school shall not enter into, or renew, a contract that provides for either of the following: (1) A pay increase for any employee who, pursuant to Section 3543.4 of the Government Code, is not eligible to be represented by an exclusive representative, in any fiscal year in which classified or certificated employees of that charter school have been terminated, provided notice of possible termination, or not provided with a cost-of-living adjustment. (2) A pay increase in the fiscal year during which the contract is executed, relative to the immediately past contract for that same position, for any employee who, pursuant to Section 3543.4 of the Government Code, is not eligible to be represented by an exclusive representative, if in that same fiscal year, or the immediately past fiscal year, classified or certificated employees of that charter school have been terminated, provided notice of possible termination, or not provided with a cost-of-living adjustment. (b) This section does not apply to an employee who is terminated for cause, or provided with notice of possible termination for cause, due to a disciplinary action.SEC. 2.SEC. 3. Section 87000.5 is added to the Education Code, to read: 87000.5.Notwithstanding any other provision of(a) Notwithstanding any other law, on or after January 1, 2012, a community college district shall not enter into, or renew, a contract that provides for either of the following:(a)(1) A pay increase for any employee who, pursuant to Section 3543.4 of the Government Code, is not eligible to be represented by an exclusive representative, in any fiscal year in which classified or certificated employees of that community college district havebeen terminated, provided notice of possible termination, or not provided with a cost-of-living adjustment.experienced either of the following due to state budget cutbacks: (A) Termination. (B) Reduction of salary.(b)(2) A pay increase in the fiscal year during which the contract is executed, relative to theimmediateimmediately past contract for that same position, for any employee who, pursuant to Section 3543.4 of the Government Code, is not eligible to be represented by an exclusive representative, if in that same fiscal year, or the immediately past fiscal year, classified or certificated employees of that community college district havebeen terminated, provided notice of possible termination, or not provided with a cost-of-living adjustment.experienced either of the following due to state budget cutbacks: (A) Termination. (B) Reduction of salary. (b) This section does not apply to an employee who is terminated for cause due to a disciplinary action.