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Escondido Union HSD  |  BB  9250  Board Bylaws

Remuneration, Reimbursement And Other Benefits   

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Remuneration

Each member of the Governing Board may receive the maximum monthly compensation as provided for in Education Code 35120.

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. (Education Code 35120)

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)

A member may be compensated for meetings missed when the Board, by resolution, finds that they were performing designated duties of the district at the time of the meeting. During any year, members also may be paid for up to two meetings when the Board, by resolution, finds that they were absent because of illness. (Education Code 35120)

Student Board members shall receive no compensation for meetings attended. (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.

(cf. 1160 - Political Processes)

(cf. 3100 - Budget)

(cf. 3350 - Travel Expenses)

Board members shall be reimbursed for all expenses incurred in attending meetings or making trips on official district business when authorized by the Board. (Education Code 35044)

(cf. 9240 - Board Development)

The rate of reimbursement shall not exceed limitations specified for district personnel.

(cf. 4133 - Travel; Reimbursement)

(cf. 9240 - Development in Service)

Health and Welfare Benefits

Board members shall receive health, dental and vision coverage as provided to other district employee groups. This policy includes any benefits provided for active or retired personnel as approved by the Board and allowed by law. Members who leave the Board are entitled to purchase health benefits at the district cost as long as their coverage is continuous from the date of leaving the Board.

Members of the Board of Education will not be eligible for retiree health benefits effective August 2, 2005 except for those who meet the following criteria. In order to receive health benefits after leaving the Board of Education, the member must meet conditions #1, #2 and #3.

1. The member must have been elected to the Board of Education prior to July 1, 1996.

or

Been employed by the district prior to July 1, 1996 and elected to the Board of Education prior to August 2, 2005.

2. The member must leave the Board of Education at age 55 or older.

3. The member must have served on the Board of Education a minimum of 12 years with at least ten successive years immediately prior to retirement from the Board.

The percent of benefits received in retirement shall be the same as other retiree groups according to the chart below:

12 years on Board 60% of district contribution to management retirees

13 65%

14 70%

15 75%

16 80%

17 85%

18 90%

19 95%

20 100%

All retiree health benefit policies pertaining to management retirees pertain to Board members.

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 HIGH SCHOOL DISTRICT

adopted: August 4, 2009 Escondido, California

revised: May 17, 2016