BILL NUMBER: AB 1735	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Wieckowski

                        FEBRUARY 16, 2012

   An act to amend Section 22212.5 of the Education Code, relating to
state teachers' retirement.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1735, as introduced, Wieckowski. State teachers' retirement:
executive and managerial positions.
   The State Teachers' Retirement Law, which is administered by the
Teachers' Retirement Board, prescribes a comprehensive system of
rights and benefits for its members, including disability benefits,
retirement benefits and, death benefits. Existing law requires the
Teachers' Retirement Board to fix the compensation of specified
executive and managerial positions, including the chief executive
officer, system actuary, general counsel, chief investment officer,
and other investment officers and portfolio managers whose positions
are designated as managerial, and to whom specified procedures and
conflict of interest provisions apply.
   This bill would add the positions of chief operating officer and
chief financial officer to those positions for which the board is
required to fix the compensation.
   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 22212.5 of the Education Code is amended to
read:
   22212.5.  (a) Except as otherwise provided in subdivision (d),
this section shall apply to the following positions in the system:
chief executive officer,  chief operating officer, chief
financial officer,  system actuary, general counsel, chief
investment officer, and other investment officers and portfolio
managers whose positions are designated managerial pursuant to
Section 18801.1 of the Government Code.
   (b) Notwithstanding Sections 19816, 19825, 19826, 19829, and 19832
of the Government Code, the board shall fix the compensation for the
positions specified in subdivision (a). In so doing, the board shall
be guided by the principles contained in Sections 19826 and 19829 of
the Government Code, consistent with its fiduciary responsibility to
its members to recruit and retain highly qualified and effective
employees for these positions.
   (c) When a position specified in subdivision (a) is filled through
a general civil service appointment, it shall be filled from an
eligible list based on an examination that was held on an open basis,
and tenure in those positions shall be subject to the provisions of
Article 2 (commencing with Section 19590) of Chapter 7 of Part 2 of
Division 5 of Title 2 of the Government Code. In addition to the
causes for action specified in that article, the board may take
action under the article for causes related to its fiduciary
responsibility to its members, including the employee's failure to
meet specified performance objectives.
   (d) An individual who held a position designated in subdivision
(a), or was a member of the board, a chief of staff, a deputy chief
executive officer, chief financial officer, or was in an equivalent
senior management position, shall not, for a period of two years
after leaving that position, for compensation, act as agent or
attorney for, or otherwise represent, any other person, except the
state, by making any formal or informal appearance before or by
making any oral or written communication to the board, or any officer
or employee thereof, if the appearance or communication is made for
the purpose of influencing administrative or legislative action or
any action or proceeding involving the issuance, amendment, awarding,
or revocation of a permit, license, grant, contract, or sale or
purchase of goods or property.