Bill Text: CA AB2710 | 2013-2014 | Regular Session | Amended
Bill Title: Public schools: school superintendent contracts: ethics training.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-05-23 - In committee: Set, second hearing. Held under submission. [AB2710 Detail]
Download: California-2013-AB2710-Amended.html
BILL NUMBER: AB 2710 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 1, 2014
AMENDED IN ASSEMBLY MARCH 28, 2014
INTRODUCED BY Assembly Member Muratsuchi
FEBRUARY 21, 2014
An act to amend Section 42127 of, and to add
Sections 42135 and 42143 to, to the
Education Code, and to amend Sections 53234 and 53235.1 of the
Government Code, relating to public schools.
LEGISLATIVE COUNSEL'S DIGEST
AB 2710, as amended, Muratsuchi. Public schools:
finances: transparency: school superintendent
contracts: ethics training.
(1) Existing law requires the governing board of a school
district to adopt an annual budget, and requires the county
superintendent of schools to examine the budget and approve,
conditionally approve, or disapprove the adopted budget. Existing law
requires the governing board of a school district to approve an
annual statement of all receipts and expenditures of the school
district for the preceding fiscal year, and to file a statement with
the county superintendent of schools. authorizes a
county superintendent of schools for each county to be elected or
appointed by the county board of education, as specified, and sets
forth the qualifications and general duties of a county
superintendent of schools, including superintending the
schools of his or her county. Existing law also provides for the
election or employment of a district superintendent of schools to,
among other things, act as the chief executive officer of the
governing board of the school district.
This bill would require the county superintendent of
schools, as part of its budget review process, to examine and comment
on any proposed employment agreement and compensation package for
the employment of a district superintendent of schools. The bill
would provide that an employment contract for a district or
county superintendent of schools that is executed or renewed on or
after January 1, 2015, may include a loan for the purchase of a home
only if certain conditions are met, including that the employee is
relocating to an area with a high cost of housing. The bill
would require the governing board of a school district, before
executing or renewing an employment contract between the school
district and the district superintendent of schools, to review the
proposed contract, including each contract term and the value of each
element of compensations at a regularly scheduled meeting of the
governing board, and would make the proposed employment contract void
unless all elements of compensation are listed on the agenda of the
meeting. The bill would require a school district or county
office of education that maintains an Internet Web site to post
annual expenditures for its activities on its Internet Web site,
including, but not limited to, the titles and salaries of
salary schedules for certificated and classified
employees, and the compensation and employment contract of
the county or district superintendent of schools.
employees. Because the bill would impose additional duties on
local educational agencies, the bill would impose a state-mandated
local program.
(2) Existing law requires all local agency officials 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 purposes of those
provisions.
This bill would include a county office of education and a school
district in the definition of "local agency." The bill would require
local agency officials who serve a county office of education or
school district as of January 1, 2015, to receive the ethics training
before January 1, 2016, and at least every 2 years thereafter,
except as specified.
(3) 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 42127 of the Education Code
is amended to read:
42127. (a) On or before July 1 of each year, the governing board
of each school district shall accomplish the following:
(1) Hold a public hearing on the budget to be adopted for the
subsequent fiscal year. The budget to be adopted shall be prepared in
accordance with Section 42126. The agenda for that hearing shall be
posted at least 72 hours before the public hearing and shall include
the location where the budget will be available for public
inspection.
(A) For the 2011-12 fiscal year, notwithstanding any of the
standards and criteria adopted by the state board pursuant to Section
33127, each school district budget shall project the same level of
revenue per unit of average daily attendance as it received in the
2010-11 fiscal year and shall maintain staffing and program levels
commensurate with that level.
(B) For the 2011-12 fiscal year, the school district shall not be
required to demonstrate that it is able to meet its financial
obligations for the two subsequent fiscal years.
(2) Adopt a budget. Not later than five days after that adoption
or by July 1, whichever occurs first, the governing board of the
school district shall file that budget with the county superintendent
of schools. The budget and supporting data shall be maintained and
made available for public review. If the governing board of the
school district does not want all or a portion of the property tax
requirement levied for the purpose of making payments for the
interest and redemption charges on indebtedness as described in
paragraph (1) or (2) of subdivision (b) of Section 1 of Article XIII
A of the California Constitution, the budget shall include a
statement of the amount or portion for which a levy shall not be
made. For the 2014-15 fiscal year and each fiscal year thereafter,
the governing board of the school district shall not adopt a budget
before the governing board of the school district adopts a local
control and accountability plan, if an existing local control and
accountability plan or annual update to a local control and
accountability plan is not effective for the budget year. The
governing board of a school district shall not adopt a budget that
does not include the expenditures necessary to implement the local
control and accountability plan or the annual update to a local
control and accountability plan that is effective during the
subsequent fiscal year.
(b) The county superintendent of schools may accept changes in any
statement included in the budget, pursuant to subdivision (a), of
the amount or portion for which a property tax levy shall not be
made. The county superintendent of schools or the county auditor
shall compute the actual amounts to be levied on the property tax
rolls of the school district for purposes that exceed apportionments
to the school district pursuant to Chapter 6 (commencing with Section
95) of Part 0.5 of Division 1 of the Revenue and Taxation Code. Each
school district shall provide all data needed by the county
superintendent of schools or the county auditor to compute the
amounts. On or before August 15, the county superintendent of schools
shall transmit the amounts computed to the county auditor who shall
compute the tax rates necessary to produce the amounts. On or before
September 1, the county auditor shall submit the rate computed to the
board of supervisors for adoption.
(c) The county superintendent of schools shall do all of the
following:
(1) Examine the adopted budget to determine whether it complies
with the standards and criteria adopted by the state board pursuant
to Section 33127 for application to final local educational agency
budgets. The county superintendent of schools shall identify, if
necessary, technical corrections that are required to be made to
bring the budget into compliance with those standards and criteria.
(2) Determine whether the adopted budget will allow the school
district to meet its financial obligations during the fiscal year and
is consistent with a financial plan that will enable the school
district to satisfy its multiyear financial commitments. In addition
to his or her own analysis of the budget of each school district, the
county superintendent of schools shall review and consider studies,
reports, evaluations, or audits of the school district that were
commissioned by the school district, the county superintendent of
schools, the Superintendent, and state control agencies and that
contain evidence that the school district is showing fiscal distress
under the standards and criteria adopted in Section 33127 or that
contain a finding by an external reviewer that more than 3 of the 15
most common predictors of a school district needing intervention, as
determined by the County Office Fiscal Crisis and Management
Assistance Team, are present. The county superintendent of schools
shall either conditionally approve or disapprove a budget that does
not provide adequate assurance that the school district will meet its
current and future obligations and resolve any problems identified
in studies, reports, evaluations, or audits described in this
paragraph.
(3) Determine whether the adopted budget includes the expenditures
necessary to implement the local control and accountability plan or
annual update to the local control and accountability plan approved
by the county superintendent of schools.
(4) Review and comment on any proposed employment agreement and
compensation package for the employment of a district superintendent
of schools.
(d) (1) On or before August 15, the county superintendent of
schools shall approve, conditionally approve, or disapprove the
adopted budget for each school district. For the 2014-15 fiscal year
and each fiscal year thereafter, the county superintendent of schools
shall disapprove a budget if the county superintendent of schools
determines that the budget does not include the expenditures
necessary to implement a local control and accountability plan or an
annual update to the local control and accountability plan approved
by the county superintendent of schools. If a school district does
not submit a budget to the county superintendent of schools, the
county superintendent of schools shall develop, at school district
expense, a budget for that school district by September 15 and
transmit that budget to the governing board of the school district.
The budget prepared by the county superintendent of schools shall be
deemed adopted, unless the county superintendent of schools approves
any modifications made by the governing board of the school district.
The approved budget shall be used as a guide for the school district'
s priorities. The Superintendent shall review and certify the budget
approved by the county. If, pursuant to the review conducted pursuant
to subdivision (c), the county superintendent of schools determines
that the adopted budget for a school district does not satisfy
paragraph (1), (2), or (3) of that subdivision, he or she shall
conditionally approve or disapprove the budget and, not later than
August 15, transmit to the governing board of the school district, in
writing, his or her recommendations regarding revision of the budget
and the reasons for those recommendations, including, but not
limited to, the amounts of any budget adjustments needed before he or
she can approve that budget. The county superintendent of schools
may assign a fiscal adviser to assist the school district to develop
a budget in compliance with those revisions. In addition, the county
superintendent of schools may appoint a committee to examine and
comment on the superintendent's review and recommendations, subject
to the requirement that the committee report its findings to the
county superintendent of schools no later than August 20. For the
2011-12 fiscal year, notwithstanding any of the standards and
criteria adopted by the state board pursuant to Section 33127, the
county superintendent of schools, as a condition on approval of a
school district budget, shall not require a school district to
project a lower level of revenue per unit of average daily attendance
than it received in the 2010-11 fiscal year nor require the school
district to demonstrate that it is able to meet its financial
obligations for the two subsequent fiscal years.
(2) Notwithstanding any other provision of this article, for the
2014-15 fiscal year and each fiscal year thereafter, the budget shall
not be adopted or approved by the county superintendent of schools
before a local control and accountability plan or update to an
existing local control and accountability plan for the budget year is
approved.
(e) On or before September 8, the governing board of the school
district shall revise the adopted budget to reflect changes in
projected income or expenditures subsequent to July 1, and to include
any response to the recommendations of the county superintendent of
schools, shall adopt the revised budget, and shall file the revised
budget with the county superintendent of schools. Before revising the
budget, the governing board of the school district shall hold a
public hearing regarding the proposed revisions, to be conducted in
accordance with Section 42103. In addition, if the adopted budget is
disapproved pursuant to subdivision (d), the governing board of the
school district and the county superintendent of schools shall review
the disapproval and the recommendations of the county superintendent
of schools regarding revision of the budget at the public hearing.
The revised budget and supporting data shall be maintained and made
available for public review.
(1) For the 2011-12 fiscal year, notwithstanding any of the
standards and criteria adopted by the state board pursuant to Section
33127, each school district budget shall project the same level of
revenue per unit of average daily attendance as it received in the
2010-11 fiscal year and shall maintain staffing and program levels
commensurate with that level.
(2) For the 2011-12 fiscal year, the school district shall not be
required to demonstrate that it is able to meet its financial
obligations for the two subsequent fiscal years.
(f) On or before September 22, the county superintendent of
schools shall provide a list to the Superintendent identifying all
school districts for which budgets may be disapproved.
(g) (1) The county superintendent of schools shall examine the
revised budget to determine whether it (1) complies with the
standards and criteria adopted by the state board pursuant to Section
33127 for application to final local educational agency budgets, (2)
allows the school district to meet its financial obligations during
the fiscal year, (3) satisfies all conditions established by the
county superintendent of schools in the case of a conditionally
approved budget, and (4) is consistent with a financial plan that
will enable the school district to satisfy its multiyear financial
commitments, and, not later than October 8, shall approve or
disapprove the revised budget. If the county superintendent of
schools disapproves the budget, he or she shall call for the
formation of a budget review committee pursuant to Section 42127.1,
unless the governing board of the school district and the county
superintendent of schools agree to waive the requirement that a
budget review committee be formed and the department approves the
waiver after determining that a budget review committee is not
necessary. Upon the grant of a waiver, the county superintendent of
schools immediately has the authority and responsibility provided in
Section 42127.3. Upon approving a waiver of the budget review
committee, the department shall ensure that a balanced budget is
adopted for the school district by November 30. If no budget is
adopted by November 30, the Superintendent may adopt a budget for the
school district. The Superintendent shall report to the Legislature
and the Director of Finance by December 10 if any school district,
including a school district that has received a waiver of the budget
review committee process, does not have an adopted budget by November
30. This report shall include the reasons why a budget has not been
adopted by the deadline, the steps being taken to finalize budget
adoption, the date the adopted budget is anticipated, and whether the
Superintendent has or will exercise his or her authority to adopt a
budget for the school district. For the 2011-12 fiscal year,
notwithstanding any of the standards and criteria adopted by the
state board pursuant to Section 33127, the county superintendent of
schools, as a condition on approval of a school district budget,
shall not require a school district to project a lower level of
revenue per unit of average daily attendance than it received in the
2010-11 fiscal year nor require the school district to demonstrate
that it is able to meet its financial obligations for the two
subsequent fiscal years.
(2) Notwithstanding any other law, for the 2014-15 fiscal year and
each fiscal year thereafter, if the county superintendent of schools
disapproves the budget for the sole reason that the county
superintendent of schools has not approved a local control and
accountability plan or an annual update to the local control and
accountability plan filed by the school district pursuant to Section
52061, the county superintendent of schools shall not call for the
formation of a budget review committee pursuant to Section 42127.1.
(h) On or before October 8, the county superintendent of schools
shall submit a report to the Superintendent identifying all school
districts for which budgets have been disapproved or budget review
committees waived. The report shall include a copy of the written
response transmitted to each of those school districts pursuant to
paragraph (1) of subdivision (d).
(i) Notwithstanding any other provision of this section, the
budget review for a school district shall be governed by paragraphs
(1), (2), and (3), rather than by subdivisions (e) and (g), if the
governing board of the school district so elects and notifies the
county superintendent of schools in writing of that decision, not
later than October 31 of the immediately preceding calendar year. On
or before July 1, the governing board of a school district for which
the budget review is governed by this subdivision, rather than by
subdivisions (e) and (g), shall conduct a public hearing regarding
its proposed budget in accordance with Section 42103.
(1) If the adopted budget of a school district is disapproved
pursuant to subdivision (d), on or before September 8, the governing
board of the school district, in conjunction with the county
superintendent of schools, shall review the superintendent's
recommendations at a regular meeting of the governing board of the
school district and respond to those recommendations. The response
shall include any revisions to the adopted budget and other proposed
actions to be taken, if any, as a result of those recommendations.
(2) On or before September 22, the county superintendent of
schools shall provide a list to the Superintendent identifying all
school districts for which a budget may be tentatively disapproved.
(3) Not later than October 8, after receiving the response
required under paragraph (1), the county superintendent of schools
shall review that response and either approve or disapprove the
budget. Except as provided in paragraph (2) of subdivision (g), if
the county superintendent of schools disapproves the budget, he or
she shall call for the formation of a budget review committee
pursuant to Section 42127.1, unless the governing board of the school
district and the county superintendent of schools agree to waive the
requirement that a budget review committee be formed and the
department approves the waiver after determining that a budget review
committee is not necessary. Upon the grant of a waiver, the county
superintendent has the authority and responsibility provided to a
budget review committee in Section 42127.3. Upon approving a waiver
of the budget review committee, the department shall ensure that a
balanced budget is adopted for the school district by November 30.
The Superintendent shall report to the Legislature and the Director
of Finance by December 10 if any school district, including a school
district that has received a waiver of the budget review committee
process, does not have an adopted budget by November 30. This report
shall include the reasons why a budget has not been adopted by the
deadline, the steps being taken to finalize budget adoption, and the
date the adopted budget is anticipated. For the 2011-12 fiscal year,
notwithstanding any of the standards and criteria adopted by the
state board pursuant to Section 33127, the county superintendent of
schools, as a condition on approval of a school district budget,
shall not require a school district to project a lower level of
revenue per unit of average daily attendance than it received in the
2010-11 fiscal year nor require the school district to demonstrate
that it is able to meet its financial obligations for the two
subsequent fiscal years.
(4) Not later than 45 days after the Governor signs the annual
Budget Act, the school district shall make available for public
review any revisions in revenues and expenditures that it has made to
its budget to reflect the funding made available by that Budget Act.
(j) Any school district for which the county board of education
serves as the governing board of the school district is not subject
to subdivisions (c) to (h), inclusive, but is governed instead by the
budget procedures set forth in Section 1622.
SEC. 2. SECTION 1. Section 42135 is
added to the Education Code, to read:
42135. (a) An employment contract executed
or renewed on or after January 1, 2015, between a local educational
agency and a district or county superintendent of schools may include
a loan for the purchase of a home only if both of the following
conditions are satisfied:
(a)
(1) The employee is relocating to an area with a high
cost of housing, and the school board makes a public finding to that
effect.
(b)
(2) The loan agreement contains a provision that, if
employment is terminated by either the employer or the employee, the
unpaid balance of the loan may be recovered by the local educational
agency within a reasonable period of time.
(b) Before executing or renewing an employment contract between a
school district and a district superintendent of schools, the
governing board of the school district shall review the proposed
contract, including each contract term and the value of each element
of compensation, at a regularly scheduled meeting of the governing
board. Each compensation term and its value shall be listed in the
agenda for the meeting in accordance with Chapter 9 (commencing with
Section 54950) of Part 1 of Division 2 of Title 5 of the Government
Code. The portion of the meeting that is open to the public shall
include public discussion and comment on each element of the proposed
contract. If all elements of compensation in the proposed contract
are not listed in the agenda, as specified in this subdivision, the
employment contract shall be void.
(c) The Legislature encourages the governing board of the school
district to make a public finding that the employment contract,
including each element of compensation, is reasonable in comparison
to similar school districts in the state.
SEC. 3. SEC. 2. Section 42143 is
added to the Education Code, to read:
42143. (a) If a school district or county office of education
maintains an Internet Web site, it shall post the annual expenditures
for its activities in a clear, visible, and searchable format that
includes, but is not limited to, the following:
(1) The cost of instruction.
(2) The titles and salaries of salary
schedule for certificated employees.
(3) The titles and salaries of salary
schedule for classified employees.
(4) The compensation and employment contract of the county
superintendent of schools or the district superintendent of schools,
as applicable.
(5)
(4) The total amount of expenditures.
(6)
(5) The expenditure per unit of average daily
attendance, and a comparison of that number to the statewide average
for all school districts.
(b) The school district or county office of education shall
annually update the information required pursuant to this section,
and shall include a link on its Internet Web site to the school
district's or county office of education's profile on Ed-Data.
SEC. 4. SEC. 3. Section 53234 of the
Government Code is amended to read:
53234. For purposes of this article, the following terms have the
following meanings:
(a) "Legislative body" has the same meaning as specified in
Section 54952.
(b) "Local agency" means a city, county, city and county, charter
city, charter county, charter city and county, county office of
education, school district, or special district.
(c) "Local agency official" means the following:
(1) Any member of a local agency legislative body or any elected
local agency official who receives any type of compensation, salary,
or stipend or reimbursement for actual and necessary expenses
incurred in the performance of official duties.
(2) Any employee designated by a local agency governing body to
receive the training specified under this article.
(d) "Ethics laws" include, but are not limited to, the following:
(1) Laws relating to personal financial gain by public servants,
including, but not limited to, laws prohibiting bribery and
conflict-of-interest laws.
(2) Laws relating to claiming perquisites of office, including,
but not limited to, gift and travel restrictions, prohibitions
against the use of public resources for personal or political
purposes, prohibitions against gifts of public funds, mass mailing
restrictions, and prohibitions against acceptance of free or
discounted transportation by transportation companies.
(3) Government transparency laws, including, but not limited to,
financial interest disclosure requirements and open government laws.
(4) Laws relating to fair processes, including, but not limited
to, common law bias prohibitions, due process requirements,
incompatible offices, competitive bidding requirements for public
contracts, and disqualification from participating in decisions
affecting family members.
SEC. 5. SEC. 4. 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) For county offices of education or school districts, each
local agency official in service as of January 1, 2015, except for
officials whose term of office ends before January 1, 2016, shall
receive the training required pursuant to subdivision (a) of Section
53235 before January 1, 2016. Thereafter, each local agency official
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. 6. SEC. 5. 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.
