BILL NUMBER: AB 280	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 15, 2013
	AMENDED IN ASSEMBLY  APRIL 11, 2013

INTRODUCED BY   Assembly Member Alejo

                        FEBRUARY 11, 2013

   An act to amend Section  53260 of, and to add Section
53260.3 to, the Government Code,    44036 of the
Education Code,   relating to  employment. 
 school employees. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 280, as amended, Alejo.  Local agency employment
contracts: maximum cash settlement.   School employees:
paid voluntary leave of absence.  
   Existing law authorizes the governing board of a school district
to grant a leave of absence with pay to a school employee under
specified circumstances, including, among others, if the employee is
called for jury duty.  
   This bill would prohibit the governing board of a school district
from granting a paid voluntary leave of absence to a district
superintendent, deputy superintendent, assistant superintendent, or
associate superintendent, of schools other than for those specified
purposes, unless the paid voluntary leave of absence is approved by
the governing board of the school district at a public meeting. 

   Existing law requires all employment contracts between an employee
and a local agency employer to contain a provision that provides for
the amount of cash settlement that may be paid out if the contract
is terminated, as specified. Existing law provides that the maximum
settlement that an employee can receive is an amount equal to the
monthly salary of the employee multiplied by the number of months
left on the unexpired term of the contract, or, if the unexpired
terms of the contract is greater than 18 months, an amount equal to
the monthly salary of the employee multiplied by 18. 

   This bill would provide that in the case of the voluntary
termination of the employment contract of a district superintendent,
deputy superintendent, assistant superintendent, or associate
superintendent of schools, regardless of the number of months left on
the unexpired term of the contract, the maximum cash settlement
shall be an amount equal to the monthly salary of the employee
multiplied by 3. The bill would provide that in the case of the
involuntary termination of the employment contract of a district
superintendent, deputy superintendent, assistant superintendent, or
associate superintendent of schools, regardless of the number of
months left on the unexpired term of the contract, the maximum cash
settlement shall be an amount equal to the monthly salary of the
employee multiplied by 6.  
   Existing law limits the amount of a cash or noncash settlement
that a local agency employer may provide its district superintendent
of schools to an amount no greater than the superintendent's monthly
salary multiplied by zero to 6 if it terminates the superintendent's
contract of employment and it is confirmed pursuant to an independent
audit that the superintendent engaged in fraud, misappropriation of
funds, or other illegal fiscal practices. In this case, existing law
requires an administrative law judge, after a hearing, to determine
the amount of the cash settlement.  
   This bill would change the maximum cash or noncash settlement
amount that may be paid by a local agency employer to its district
superintendent, deputy superintendent, assistant superintendent, or
associate superintendent of schools under these provisions to an
amount no greater than the superintendent's monthly salary multiplied
by zero to one.  
   The bill would also require that an unspecified calculation be
used to determine the maximum sum that may be paid to a district
superintendent, deputy superintendent, assistant superintendent, or
associate superintendent who is placed on paid leave of absence. This
bill additionally would require that the employee exhaust all
accrued sick leave and vacation time before the paid leave of absence
takes effect. 
   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 44036 of the  
Education Code   is amended to read: 
   44036.  (a) The governing board of a school district may grant
 leaves   a leave  of absence to 
employees   an employee  to appear as a witness in
court other than as a litigant  ,  or to respond to an
official order from another governmental jurisdiction for reasons not
brought about through the connivance or misconduct of the employee.
   (b) The governing board of a school district may grant 
leaves   a leave  of absence to  employees,
  an employee  in  positions 
 a position  requiring certification qualifications,
regularly called for jury duty in the manner provided for by law.
   (c) The governing board  of a school district  may grant
 such leaves   a leave  of absence 
pursuant to subdivision (a) or (b)  with pay  ,  up to
the amount of the difference between the employee's regular earnings
and any amount he  or she  receives for jury or witness
fees. 
   (d) The governing board of a school district shall not grant a
paid voluntary leave of absence to a district superintendent, deputy
superintendent, assistant superintendent, or associate superintendent
of schools, other than for those purposes specified in subdivision
(a) or (b), unless the paid voluntary leave of absence is approved by
the governing board of the school district at a public meeting.
 
       
  SECTION 1.    Section 53260 of the Government Code
is amended to read:
   53260.  (a) All contracts of employment between an employee and a
local agency employer shall include a provision that provides that
regardless of the term of the contract, if the contract is
terminated, the maximum cash settlement that an employee may receive
shall be an amount equal to the monthly salary of the employee
multiplied by the number of months left on the unexpired term of the
contract, with the following exceptions:
   (1) If the unexpired term of the contract is greater than 18
months, the maximum cash settlement shall be an amount equal to the
monthly salary of the employee multiplied by 18.
   (2) In the case of the voluntary termination of the employment
contract of a district superintendent, deputy superintendent,
assistant superintendent, or associate superintendent of schools,
regardless of the number of months left on the unexpired term of the
contract, the maximum cash settlement shall be an amount equal to the
monthly salary of the employee multiplied by three.
   (3) In the case of the involuntary termination of the employment
contract of a district superintendent, deputy superintendent,
assistant superintendent, or associate superintendent of schools,
regardless of the number of months left on the unexpired term of the
contract, the maximum cash settlement shall be an amount equal to the
monthly salary of the employee multiplied by six.
   (b) (1) Notwithstanding subdivision (a), if a local agency
employer, including an administrator appointed by the Superintendent,
terminates its contract of employment with its district
superintendent, deputy superintendent, assistant superintendent, or
associate superintendent of schools, that local agency employer may
not provide a cash or noncash settlement to that employee in an
amount greater than the superintendent's, deputy superintendent's,
assistant superintendent's, or associate superintendent's monthly
salary multiplied by zero to one if the local agency employer
believes, and subsequently confirms, pursuant to an independent
audit, that the employee has engaged in fraud, misappropriation of
funds, or other illegal fiscal practices. The amount of the cash
settlement described in this paragraph shall be determined by an
administrative law judge after a hearing.
   (2) This subdivision shall apply only to a contract for employment
negotiated on or after January 1, 2014.
   (c) The cash settlement formula described in subdivisions (a) and
(b) are maximum ceiling on the amounts that may be paid by a local
agency employer to an employee and is not a target or example of the
amount of the cash settlement to be paid by a local agency employer
to an employee in all contract termination cases.  
  SEC. 2.   Section 53260.3 is added to the
Government Code, to read:
   53260.3.  (a) (1) If a local agency employer, including an
administrator appointed by the Superintendent, places a district
superintendent, deputy superintendent, assistant superintendent, or
associate superintendent of schools on paid leave of absence,
regardless of the length of that leave of absence, the local agency
employer may not pay the employee an amount greater than the
superintendent's, deputy superintendent's, assistant superintendent'
s, or associate superintendent's monthly salary multiplied by _____
for the duration of his or her leave of absence.
   (2) The pay formula described in paragraph (1) is a maximum
ceiling on the amount that may be paid by a local agency employer to
a district superintendent, deputy superintendent, assistant
superintendent, or associate superintendent of schools and is not a
target or example of the amount to be paid by a local agency employer
to an employee who is placed on a paid leave of absence in all
cases.
   (b) Before a paid leave of absence for an employee subject to
subdivision (a) takes effect, the local agency employer shall require
the employee to exhaust all of his or her accrued sick leave and
vacation time.
   (c) This section shall apply only to a contract for employment
negotiated on or after January 1, 2014.