BILL NUMBER: AB 164	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Mendoza
   (Coauthors: Assembly Members Anderson and Caballero)

                        JANUARY 27, 2009

   An act to add Section 35031.5 to the Education Code, relating to
school districts.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 164, as introduced, Mendoza. School districts: compensation of
district superintendents.
   Existing law establishes the system of public elementary and
secondary education in this state. Under that system, the governing
boards of school districts throughout the state operate elementary
and secondary schools and are authorized to employ various employees
and officers, including a district superintendent. Existing law
authorizes the governing board of a school district to elect a
district superintendent, among other officers, for a term of no more
than 4 years.
   This bill would, commencing January 1, 2010, prohibit the
governing board of a school district from entering into an employment
contract with a district superintendent that contains provisions
that obligate the district or school to compensate the district
superintendent for work that he or she has not performed. The bill in
addition would, commencing January 1, 2010, require the governing
board of a school district to include in any contract for the
services of a district superintendent the provision that the district
superintendent shall receive no retirement, medical, dental, or
other benefits that would exceed the benefits that a civil service
employee of that district with a substantially similar salary would
earn during an equivalent period of service.
   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 35031.5 is added to the Education Code, to
read:
   35031.5.  (a) Notwithstanding any other provision of law,
commencing January 1, 2010, the governing board of a school district
shall not enter into an employment contract with a district
superintendent that contains provisions that obligate the district or
school to compensate the district superintendent for work that he or
she has not performed.
   (b) Notwithstanding any other provision of law, commencing January
1, 2010, the governing board of a school district shall include in
any contract for the services of a district superintendent a
provision that the district superintendent shall receive no
retirement, medical, dental, or other benefits that would exceed the
benefits that a civil service employee of that district with a
substantially similar salary would earn during an equivalent period
of service.