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
of  the  local 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 a  community
college district   charter 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 the  immediate   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  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 the  immediate 
 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 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 have  been 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 the  immediate 
 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 community college
district have  been 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.