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Viewing Policy: BP 9250 – Remuneration, Reimbursement and Other Benefits



BP 9250

Board Bylaws

Remuneration, Reimbursement and Other Benefits

 

Compensation

 

Each member of the County Board of Education who attends all of the board meetings in a month may receive a monthly compensation of $33.25.  (Education Code 1090)

 

On an annual basis, the County Board may increase the compensation of County Board members beyond the limit delineated in Education Code 1090 in an amount not to exceed five percent based on the present monthly rate of compensation.  (Education Code 1090)

 

County Board members are not required to accept payment for meetings attended.

 

Any County Board member who does not attend all County Board meetings during the month is eligible to receive only a percentage of the monthly compensation equal to the percentage of meetings he/she attended, unless otherwise authorized by the County Board in accordance with law.  (Education Code 1090)

 

A County Board member may be compensated for meetings he/she missed when the County 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 County Board.  (Education Code 1090)

 

Reimbursement of Expenses

 

County Board members may be reimbursed for expenses incurred when performing their official duties.  Pursuant to Government Code 8314, it is unlawful for any elected official to use or permit others to use public resources for personal purposes not authorized by law. As defined, “personal purposes” include activities for personal enjoyment, private gain or advantage, or an outside endeavor not related to agency business, but do not include the incidental and minimal use of public resources (e.g., equipment or office space) for personal purposes, including an occasional telephone call.

 

County Board members shall be reimbursed for actual and necessary expenses for travel, printing, or membership in any state or local organization of governing boards of school districts or county boards of education. County Board members shall also be reimbursed for the actual expenses of attending, with prior approval, meetings or conferences of any society, association, or organization to which the County Board subscribes for membership. (Education Code 1091, 1094-1096)

 

Personal expenses shall be the responsibility of individual County 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 County Board member on official business, personal use of an automobile, and personal losses and traffic violation fees incurred while on official business.

 

Health and Welfare Benefits for Current Board Members

 

County Board members may participate in the health and welfare benefits program provided for county office of education (COE) employees.

 

Health and welfare benefits for County Board members shall be no greater than that received by employees with the most generous schedule of benefits.  (Government Code 53208.5)

 

County Board members electing to participate in the County Board’s health and welfare benefits program shall have the premiums required for the benefit selected paid to the same extent as COE employees.

 

Health and welfare benefits provided to County Board members shall be extended at the same level to their spouse/registered domestic partner and to their eligible dependent children as extended to nonsafety employees and as specified in law and the health plan.

 

Health and Welfare Benefits for Former Board Members

 

Former County Board members may participate in the health and welfare benefits program provided for COE employees under the conditions specified below.

 

Health and welfare benefits for former County Board members shall be no greater than those received by the COE’s nonsafety employees with the most generous schedule of benefits.  (Government Code 53208.5)

 

Any former County Board member leaving the County Board after at least one term of office may participate in the health and welfare benefits program at his/her own expense if coverage is in effect at the time of retirement.  (Government Code 53201)

 

 

Legal Reference:

EDUCATION CODE 1090-1096 Stipends and expenses

FAMILY CODE 297-297.5  Rights, protections and benefits under law; registered domestic partners; 300  Definition of marriage

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)

 

 

Policy Adopted: 10-13-2016