Escondido Union HSD | BB 9250 Board Bylaws
Remuneration, Reimbursement And Other Benefits
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.
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
All retiree health benefit policies pertaining to management retirees pertain to Board members.
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
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
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
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
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 ESCONDIDO UNION HIGH SCHOOL DISTRICT
adopted: August 4, 2009 Escondido, California
revised: May 17, 2016