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Escondido Union ESD |  BB  9250  Board Bylaws

Remuneration, Reimbursement, And Other Benefits   

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Compensation

Each member of the Board of Education may receive the monthly compensation as provided for in law. Board members are not required to accept payment for meetings attended.

If a member does not attend all board meetings during the month, he/she may receive only a percentage of the monthly compensation equal to the percentage of meetings attended unless otherwise authorized by the board in accordance with law. (Education Code 35120)

Members may be paid for meetings missed when the board, by resolution, finds that they were absent due to illness, jury duty, hardship deemed acceptable by the board, or performing designated duties of the district at the time of the meeting. (Education Code 35120)

When a board member is caused to miss a meeting due to a date change or late notice for a special meeting the superintendent's office will place on the board agenda for a subsequent meeting a resolution to excuse the board member(s) due to the hardship caused by calling a regular meeting that deviates from the adopted board meeting calendar or by calling a special meeting that must be missed due to a preexisting obligation.

On an annual basis, the board may increase the compensation of board members beyond the limit delineated in Education Code 35120 in an amount not to exceed five percent based on the present monthly rate of compensation. Any increase made pursuant to this section shall be effective upon approval by the board. (Education Code 35120)

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.

(cf. 1160 - Political Processes)

(cf. 3100 - Budget)

(cf. 3350 - Travel Expenses)

(cf. 3513.1 - Cellular Phone Reimbursement)

Board members shall be reimbursed for travel expenses incurred when performing services directed by the board. (Education Code 35044)

(cf. 9240 - Board Development)

Authorized purposes may include, but are not limited to, attendance at educational seminar 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, 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. Personal expenses shall not be charged on a district-issued credit card, even if the board member intends to subsequently reimburse the district for the personal charges.

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)

The district shall pay cost of all premiums required for board members electing to participate in the district health and welfare benefits program to the same extent that the district pays premiums for district staff in accordance with Government Code 53208.5.

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 Retired Board Members

Any member retiring from the board after at least one full term may continue the employee medical program at his/her own expense until age 65 or eligibility for Medicare, whichever comes first. Coverage is limited to medical plans in effect at time of member's retirement and by carrier ability to provide such plans on a voluntary basis. A retired board member's continuation coverage shall not be reinstated if cancelled by the member.

Legal Reference:

EDUCATION CODE

33050-33053 General waiver authority

33362-33363 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 for services as member of governing board

35172 Promotional activities

44038 Cash deposits for transportation purchased on credit

FAMILY CODE

297-297.5 Rights, protections and benefits under law; registered domestic partners

GOVERNMENT CODE

8314 Use of public resources

20322 Elective officers; election to become member

20420-20445 Membership in Public Employees' Retirement System; definition of safety employees

53200-53209 Group insurance

54952.3 Simultaneous or serial meetings; announcement of compensation

HEALTH AND SAFETY CODE

1373 Health services plan, coverage for dependent children

INSURANCE CODE

10277-10278 Group and individual health insurance, coverage for dependent children

UNITED STATES CODE, TITLE 26

403 Tax-sheltered annuities

UNITED STATES CODE, TITLE 42

18011 Right to maintain existing health coverage

CODE OF FEDERAL REGULATIONS, TITLE 26

1.403(b)-2 Tax-sheltered annuities, definition of employee

COURT DECISIONS

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)

Management Resources:

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

WEB SITES

CSBA: http://www.csba.org

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 ESCONDIDO UNION SCHOOL DISTRICT

revised: October 23, 2003 Escondido, California

revised: December 13, 2007

revised: February 26, 2015