BILL NUMBER: AB 2155 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 23, 2012
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
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: 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 if the school district provides
any of its officers or employees with a district credit or debit
card, an itemized list of expenses charged to that card, including
the identification by classification or title of the officer or
employee to whom the card is issued . 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 if the charter school provides any of its
officers or employees with a charter school credit or debit card, an
itemized list of expenses charged to that card, including the
identification by classificati on or title of the officer
or employee to whom the card is issued . By 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.
(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 with
respect to the termination of a district superintendent
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.
(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 If the school
district provides any of its officers or employees with a district
credit or debit card, the annual statement shall include an itemized
list of expenses charged to that card, including the identification
by classifi cation or title of the officer or employee to
whom the card is issued . 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
If the charter school provides any of its officers or
employees with a charter school credit or debit card, the annual
statement shall include an itemized list of expenses charged to that
card, including the identification by classification or title of the
officer or employee to whom the card is issued . 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.
(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. 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 the local agency employer may not
provide a cash or noncash settlement to its district
superintendent in an amount greater than the district
superintendent's monthly salary multiplied by zero to 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) Notwithstanding paragraph (1), 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, the local agency employer shall not
provide a cash or noncash settlement to its district superintendent
in an amount that is greater than the district superintendent's
monthly salary multiplied by zero to six if the local agency employer
believes, and subsequently confirms, pursuant to an independent
audit, that the district superintendent has engaged in fraud,
misappropriation of funds, or another illegal fiscal practice. The
amount of the cash settlement described in this paragraph shall be
determined by an administrative law judge after a hearing.
(2)
( 3) 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. 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.