BILL NUMBER: AB 280	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Alejo

                        FEBRUARY 11, 2013

   An act to amend Section 53260 of the Government Code, relating to
employment.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 280, as introduced, Alejo. Local agency employment contracts:
maximum cash settlement.
   Existing law requires all employment contracts between an employee
and a local agency employer to contain a provision that provides for
the amount of cash settlement that may be paid out if the contract
is terminated, as specified. Existing law provides that the maximum
settlement that an employee can receive is an amount equal to the
monthly salary of the employee multiplied by the number of months
left on the unexpired term of the contract, or, if the unexpired
terms of the contract is greater than 18 months, an amount equal to
the monthly salary of the employee multiplied by 18.
   This bill would provide that in the case of a district
superintendent of schools, regardless of the number of months left on
the unexpired term of the contract, the maximum cash settlement
shall be an amount equal to the monthly salary of the employee
multiplied by 3.
   Existing law limits the amount of a cash or noncash settlement
that a local agency employer may provide its district superintendent
of schools 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 change the maximum cash or noncash settlement
amount that may be paid by a local agency employer to its district
superintendent of schools under these provisions to an amount no
greater than the superintendent's monthly salary multiplied by zero
to 3.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  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
  that  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 
 , with the following   exceptions: 
    (1)    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. 
   (2) In the case of a district superintendent of schools,
regardless of the number of months left on the unexpired term of the
contract, the maximum cash settlement shall be an amount equal to the
monthly salary of the employee multiplied by three. 
   (b) (1) Notwithstanding subdivision (a), if a local agency
employer, including an administrator appointed by the Superintendent,
terminates its contract of employment with its district
superintendent of schools  ,  that 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   three  if the local
agency employer believes, and subsequently confirms, pursuant to an
independent audit, that the superintendent has engaged in fraud,
misappropriation of funds, or other illegal fiscal practices. The
amount of the cash settlement described in this paragraph shall be
determined by an administrative law judge after a hearing.
   (2) This subdivision applies only to a contract for employment
negotiated on or after  the effective date of the act that
added this subdivision   January 1, 2014  .
   (c) The cash settlement formula described in subdivisions (a) and
(b) are maximum ceiling on the amounts that may be paid by a local
agency employer to an employee and is not a target or example of the
amount of the cash settlement to be paid by a local agency employer
to an employee in all contract termination cases.