BILL NUMBER: AB 1203 AMENDED
BILL TEXT
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
, and to amend Section 3505.3 of the Government Code
, relating to public school employee
organizations.
LEGISLATIVE COUNSEL'S DIGEST
AB 1203, as amended, 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 any 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 a an unelected
member who receives a paid leave of absence.
The Meyers-Milias-Brown Act requires that local public agencies
allow a reasonable number of local public agency employee
representatives of recognized employee organizations reasonable time
off without loss of compensation or other benefits when formally
meeting and conferring with representatives of the public agency.
This bill would additionally require the local public agency to
give reasonable time off to public agency employee representatives
when they are testifying or representing the employee organization in
proceedings before the Public Employment Relations Board in matters
relating to a charge filed by the employee organization against the
public agency, or in other matters in furtherance of the employee
organization's right to represent members in employment relations,
including personnel and merit commission hearings, city council
meetings, and labor management committee meetings.
This
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.
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 45210 of the Education Code is amended to read:
45210. (a) (1) The governing board of a
school district shall grant to any 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 or a member of any
a local school district public employee
organization, or any a statewide or
national public employee organization with which the local
organization is affiliated.
The
(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 ,
or if the employee is a member of the organization, any
organizational activities the member is authorized by the
organization to attend . 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.
Following
(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 a 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.
The
(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.
For
(e) For purposes of this section,
"school district" also means "county superintendent of schools."
(b)
(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)
of this section .
(c)
(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: (1) the 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, and (2) the 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.
The
(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.
If
(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.
The
(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.
(d)
(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 any
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 or a member of
any a local community college district
public employee organization, or of any a
statewide or national public employee organization with which
the local organization is affiliated.
The
(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 ,
or if the employee is a member of the organization, any
organizational activities the member is authorized by the
organization to attend . 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.
Following
(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
a 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.
The
(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.
(b)
(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)
of this section .
(c)
(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: (1) the 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, and (2) the 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.
The
(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.
If
(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.
The
(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.
(d)
(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.
SEC. 3. Section 3505.3 of the Government Code
is amended to read:
3505.3. (a) Public agencies shall allow a reasonable number of
public agency employee representatives of recognized employee
organizations reasonable time off without loss of compensation or
other benefits when they are participating in any one of the
following activities:
(1) Formally meeting and conferring with representatives of the
public agency on matters within the scope of representation.
(2) Testifying or representing the employee organization in
conferences, hearings, or other proceedings before the Public
Employment Relations Board, or an agent thereof, in matters relating
to a charge filed by the employee organization against the public
agency.
(3) Testifying or representing the employee organization in
employment relations, including personnel and merit commission
hearings, city council meetings, and labor management committee
meetings.
(b) The representing employee organization shall provide
reasonable notification to the employer requesting a leave of absence
without loss of compensation pursuant to subdivision (a) of this
section.