BILL NUMBER: AB 2155 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 21, 2012
INTRODUCED BY Assembly Member Hueso
FEBRUARY 23, 2012
An act to amend Section 42100 of the Education Code, and to amend
Section Sections 53235.1 and 53260 of
the Government Code, relating to school districts.
LEGISLATIVE COUNSEL'S DIGEST
AB 2155, as amended, Hueso. School districts: financial statements
and financial settlements. settlements:
ethics training.
(1) Existing law requires the governing board of each school
district, on or before September 15, to approve an annual statement
of all receipts and expenditures of the school district for the
preceding fiscal year, and to file the statement with the county
superintendent of schools. Existing law further requires each charter
school, on or before September 15, to approve an annual statement of
all receipts and expenditures of the charter school for the
preceding fiscal year, and to file the statement with the entity that
approved the charter school.
This bill would require the annual statement of a school district
to include, but not be limited to, separate line items setting forth
the values of, and the purposes for which, the receipts and
expenditures that were incurred by the school district superintendent
and each school district administrator for the preceding fiscal
year. The bill would also require the annual statement of a charter
school to include, but not be limited to, separate line items setting
forth the values of, and the purposes for which, the receipts and
expenditures that were incurred by each charter school administrator
for the preceding fiscal year. By imposed
imposing additional duties on school districts and charter
schools, the bill would impose a state-mandated local program.
(2) Existing law requires all local agency officials, as defined,
to receive training in ethics, at specified intervals, if the local
agency provides any type of compensation, salary, or stipend to those
officials. Existing law defines "local agency," for these purposes,
to mean a city, county, city and county, charter city, charter
county, charter city and county, or special district.
This bill would require local agency officials who serve a
community college district, county office of education, or school
district as of January 1, 2013, to receive ethics training by January
1, 2014, and at least every 2 years thereafter, except as specified.
(2)
( 3) Existing law limits the amount of
the maximum cash settlement that a local agency employee may receive
to an amount equal to the monthly salary of the employee multiplied
by the number of months left on the unexpired term of the contract,
except that, if the unexpired term of the contract is greater than 18
months, the maximum cash settlement is an amount equal to the
monthly salary of the employee multiplied by 18. Existing law also
limits the amount of a cash or noncash settlement that a school
district may provide its district superintendent 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 delete the requirement that it be confirmed that
the district superintendent engaged in fraud, misappropriation of
funds, or other illegal fiscal practices from the provision limiting
the amount of the cash or noncash settlement that a school district
may provide its district superintendent if it terminates the
superintendent's contract of employment , and would instead
limit the amount of the settlement that a school district may provide
in this instance to the district superintendent's monthly salary
multiplied by zero to 12 . This bill also would delete the
requirement that the amount of the cash settlement be determined by
an administrative law judge after a hearing. The bill would
further provide that, if the unexpired term of the district
superintendent's contract is greater than 12 months, the maximum cash
settlement shall be an amount equal to the monthly salary of the
employee multiplied by 12.
(3)
( 4) The California Constitution requires
the state to reimburse local agencies and school districts for
certain costs mandated by the state. Statutory provisions establish
procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 42100 of the Education Code is amended to read:
42100. (a) On or before September 15, the governing board of a
school district shall approve, in a format prescribed by the
Superintendent, an annual statement of all receipts and expenditures
of the school district for the preceding fiscal year. The annual
statement shall include, but is not limited to, separate line items
setting forth the values of, and the purposes for which, the receipts
and expenditures that were incurred by the school district
superintendent and each school district administrator for the
preceding fiscal year. The governing board of a school district shall
file the statement, along with the statement received pursuant to
subdivision (b), with the county superintendent of schools. On or
before October 15, the county superintendent of schools shall verify
the mathematical accuracy of the statements and shall transmit a copy
to the Superintendent.
(b) On or before September 15, a charter school shall approve, in
a format prescribed by the Superintendent, an annual statement of all
receipts and expenditures of the charter school for the preceding
fiscal year. The annual statement shall include, but is not limited
to, separate line items setting forth the value of, and the purposes
for which, the receipts and expenditures that were incurred by each
charter school administrator for the preceding fiscal year. The
charter school shall file the statement with the entity that approved
the charter school.
(c) The forms prescribed by the Superintendent shall be adopted as
regulations by the state board, and may be amended periodically to
accommodate changes in statute or government reporting standards.
SEC. 2 . Section 53235.1 of
the Government Code is amended to read:
53235.1. (a) Each local agency official in local agency service
as of January 1, 2006, except for officials whose term of office ends
before January 9, 2007, shall receive the training required by
subdivision (a) of Section 53235 before January 1, 2007. Thereafter,
each local agency official shall receive the training required by
subdivision (a) of Section 53235 at least once every two years.
(b) Each local agency official who commences service with a local
agency on or after January 1, 2006, shall receive the training
required by subdivision (a) of Section 53235 no later than one year
from the first day of service with the local agency. Thereafter, each
local agency official shall receive the training required by
subdivision (a) of Section 53235 at least once every two years.
(c) In the case of a community college district, county office of
education, or school district, each local agency official in local
agency service as of January 1, 2013, except for officials whose term
of office ends before January 1, 2014, shall receive the training
required by subdivision (a) of Section 53235 before January 1, 2014.
Thereafter, each local agency official to whom this subdivision is
applicable shall receive the training required by subdivision (a) of
Section 53235 at least once every two years.
(c)
( d) A local agency official who serves more
than one local agency shall satisfy the requirements of this article
once every two years without regard to the number of local agencies
with which he or she serves.
SEC. 2. SEC. 3. 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 which 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. However, 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.
(b) (1) Notwithstanding subdivision (a), if a local agency
employer, including an administrator appointed by the Superintendent
of Public Instruction, terminates its contract of employment with its
district superintendent of schools that the
local agency employer may not provide a cash or noncash
settlement to its superintendent in an amount greater than the
superintendent's monthly salary multiplied by zero to six
12 . If the unexpired term of the district
superintendent's contract is greater than 12 months, the maximum cash
settlement shall be an amount equal to the monthly salary
of the employee multiplied by 12.
(2) This subdivision applies only to a contract for employment
negotiated on or after the effective date of the act that added this
subdivision.
(c) The cash settlement formulas described in subdivisions (a) and
(b) are maximum ceilings on the amounts that may be paid by a local
agency employer to an employee and are not targets or examples of the
amount of the cash settlement to be paid by a local agency employer
to an employee in all contract termination cases.
SEC. 3. SEC. 4. If the Commission on
State Mandates determines that this act contains costs mandated by
the state, reimbursement to local agencies and school districts for
those costs shall be made pursuant to Part 7 (commencing with Section
17500) of Division 4 of Title 2 of the Government Code.