Bill Text: CA SB407 | 2013-2014 | Regular Session | Chaptered


Bill Title: Local government: officers and employees: contracts.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2013-09-06 - Chaptered by Secretary of State. Chapter 213, Statutes of 2013. [SB407 Detail]

Download: California-2013-SB407-Chaptered.html
BILL NUMBER: SB 407	CHAPTERED
	BILL TEXT

	CHAPTER  213
	FILED WITH SECRETARY OF STATE  SEPTEMBER 6, 2013
	APPROVED BY GOVERNOR  SEPTEMBER 6, 2013
	PASSED THE SENATE  MAY 28, 2013
	PASSED THE ASSEMBLY  AUGUST 22, 2013
	AMENDED IN SENATE  APRIL 1, 2013

INTRODUCED BY   Senator Hill

                        FEBRUARY 20, 2013

   An act to amend Section 3511.1 of the Government Code, relating to
local government.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 407, Hill. Local government: officers and employees: contracts.

   Existing law, commencing on January 1, 2012, prohibits an
employment contract for a local agency executive, as defined, from
providing an automatic renewal of a contract that provides for an
automatic compensation increase in excess of a cost-of-living
adjustment or a maximum cash settlement in excess of certain limits,
as specified. Existing law defines the term "local agency executive"
for these purposes, and includes within that definition any person
who is either the chief executive officer of the local agency or a
department head of a local agency.
   This bill would additionally include within the definition of
"local agency executive" any person who is a deputy or assistant
chief executive officer, and any person whose position is held by an
employment contract between that person and the local agency. By
expanding the duties of local officials, this bill would impose a
state-mandated local program.
   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.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 3511.1 of the Government Code is amended to
read:
   3511.1.  As used in this chapter, the following definitions apply:

   (a) "Compensation" means annual salary, stipend, or bonus, paid by
a local agency employer to a local agency executive.
   (b) "Cost-of-living" means the California Consumer Price Index for
Urban Wage Earners and Clerical Workers as calculated by the
Department of Industrial Relations.
   (c) "Local agency" means a county, city, whether general law or
chartered, city and county, town, school district, municipal
corporation, district, political subdivision, or any board,
commission, or agency thereof, or other local public agency.
   (d) "Local agency executive" means any person employed by a local
agency who is not subject to the Meyers-Milias-Brown Act (Chapter 10
(commencing with Section 3500)), Chapter 5 (commencing with Section
45100) of Part 25 of Division 3 of Title 2 of the Education Code, or
Chapter 4 (commencing with Section 88000) of Part 51 of Division 7 of
Title 3 of the Education Code, and who meets any of the following
requirements:
   (1) The person is the chief executive officer, a deputy chief
executive officer, or an assistant chief executive officer of the
local agency.
   (2) The person is the head of a department of a local agency.
   (3) The person's position within the local agency is held by an
employment contract between the local agency and that person.
  SEC. 2.  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.          
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