El Dorado Union HSD | BB 9250 Board Bylaws
Remuneration, Reimbursement, And Other Benefits
Existing law establishes the amount of compensation a member of a governing board of a school district may receive for attending board meetings.
On an annual basis, the Board may increase the compensation of Board members beyond the limits delineated in Education Code 35120 by an amount not to exceed 5% based on the present monthly rate of compensation. Any increase made pursuant to this section shall be effective upon approval by the Board. This will become effective for the period of January through December of each year and is subject to rejection by a majority of the electors in the District voting for a referendum established for that purpose. The stipend table below shall be followed unless amended by law or by referendum or discontinued by majority vote of the governing board.
Board members are not required to accept payment for meetings attended.
Any member who does not attend all Board meetings held in any month is eligible to receive a percentage of the monthly compensation equal to the percentage of meetings he/she attended, unless otherwise authorized by the Board in accordance with law.
(As compensation for his or her services, an amount not greater than the compensation allowed per month divided by the number of meetings held, and multiplied by the number of meetings actually attended.) (Education Code 35120)
Members may be compensated for meetings he/she missed when the Board, by resolution, finds that he/she was performing designated services for the District at the time of the meeting, or that he/she was absent because of illness, jury duty, or a hardship deemed acceptable by the Board. (Education Code 35120)
Student Board members shall not receive remuneration for meetings attended. However, students are allowed reimbursement for mileage to and from Board meetings. (Education Code 35012)
(cf. 9150 - Student Board Members)
Whenever a quorum of Board members serves as another legislative body which will meet simultaneously or in serial order to a Board meeting, the Board clerk or a member of the Board shall verbally announce the amount of any additional compensation or stipend that each member will be entitled to receive as a result of convening the simultaneous or serial meeting. (Government Code 54952.3)
REIMBURSEMENT OF EXPENSES
Board members shall be reimbursed for actual and necessary expenses incurred when performing authorized services for the District. Expenses for travel, telephone, business meals, or other authorized purposes shall be in accordance with policies established for District personnel and at the same rate of reimbursement so authorized in advance by the Board.
(cf. 1160 - Political Processes)
(cf. 3100 - Budget)
(cf. 3350 - Travel Expenses)
Board members shall be reimbursed traveling expenses incurred when so authorized in advance by the Board performing services direct by the Board. (Education Code 35044)
(cf. 9240 - Board Development)
Authorized purposes may include, but are not limited to, attendance at educational seminars or conferences designed to improve Board members' skills and knowledge; participation in regional, state, or national organizations whose activities affect the District's interests; attendance at District or community events; and meetings with state or federal officials on issues of community concern.
Personal expenses shall be the responsibility of individual Board members. Personal expenses include, but are not limited to, the personal portion of any trip, tips or gratuities, alcohol, entertainment, laundry, expenses of any family member who is accompanying the Board member on District-related business, personal use of an automobile, and personal losses and traffic violation fees incurred while on District business.
Any questions regarding the propriety of a particular type of expense should be resolved by the Superintendent or designee before the expense is incurred.
Board members may use District-issued credit cards while on official District business and consistent with the limits established for District personnel. Under no circumstances may personal expenses be charged on District credit cards, even if the Board member intends to subsequently reimburse the District for the personal charges.
Once a Board member does not sign up for re-election then the majority of the Board is required to approve in advance the exiting Board members expenses.
HEALTH AND WELFARE BENEFITS
Board members may participate in the health and welfare benefits program provided for District employees.
(cf. 4154 / 4254 / 4354 - Health and Welfare Benefits)
Health and welfare benefits for Board members shall be no greater than that received by District's nonsafety employees with the most generous schedule of benefits. (Government Code 53208.5)
While an active member of the Board, individuals shall be eligible for medical, dental, and vision insurance coverage under the District's plans as an employee. The District shall pay the cost of all premiums required for Board members electing to participate in the District health and welfare benefits program.
Health and welfare benefits provided to Board members shall be extended at the same level to their spouse/registered domestic partner and to their eligible dependent children as specified in law and the health plan.
BENEFITS FOR FORMER BOARD MEMBERS
Former Board members may participate in the health and welfare benefits program provided for District employees under the conditions specified below.
Health and welfare benefits for former Board members shall be no greater than those received by District nonsafety employees with the most generous schedule of benefits. (Government Code 53208.5)
Any Board member whose first term of office began on or after January 1, 1995, and any other member retiring from the Board after at least one term, may continue the health and welfare benefits program at his/her own expense if coverage is in effect at the time of retirement. (Government Code 53201)
33050-33053 General waiver authority
333662-33363 Reimbursement of expenses for attendance at workshops
35012 Board members; number, election and term
35044 Payment of traveling expenses of representatives of board
35120 Compensation (services as member of governing board)
35172 Promotional activities
44038 Cash deposits for transportation purchased on credit
297-297.5 Rights, protections and benefits under law; registered domestic partners
8314 Use of public resources
20322 Elective officers; election to become member
20420-20445 Membership in Public Employees' Retirement System; definition of safety employees
5320053209 Group insurance, especially
54952.3 Simultaneous or serial meetings; announcement of compensation
HEALTH AND SAFETY CODE
1373 Health services plan, coverage for dependent children
10277-10278 Group and individual health insurance, coverage for dependent children
UNITED STATES CODE, TITLE 26
1.403(b-2) Tax-sheltered annuities, definition of employee
Thorning v. Hollister School District (1992) 11 Cal.App.4th 1598
Board of Education of the Palo Alto Unified School District v. Superior Court of Santa Clara County, (1979) 93 Cal.App.3d 578
ATTORNEY GENERAL OPINIONS
91 Ops.Cal.Atty.Gen. 37 (2008)
83 Ops.Cal.Atty.Gen. 124 (2000)
INSTITUTE FOR LOCAL GOVERNMENT PUBLICATIONS
Sample Expense and Use of Public Resources Policy Statement, January 2006
INTERNAL REVENUE SERVICE PUBLICATIONS
Tax-Sheltered Annuity Plans (403(b) Plans) for Employees of Public Schools and Certain Tax-Exempt Organizations, Publication 571, rev. February 2013
Institute for Local Government: http://www.ca-ilg.org
Internal Revenue Service: http://www.irs.gov
Public Employees' Retirement System: http://www.calpers.ca.gov
Bylaw EL DORADO UNION HIGH SCHOOL DISTRICT
adopted: June 16, 1992 Placerville, California
revised: April 12, 2016
revised: December 11, 2018
revised: December 17, 2019