SECTIONS 45160-45169 - California Statutes

EDUCATION CODE

SECTION 45160-45169

45160. The governing board of any school district, including city
boards of education, shall fix and order paid the compensation of
persons a part of the classified service and other employees not
requiring certification qualifications employed by the board unless
otherwise prescribed by law.

45162. (a) The governing board of any school district shall, not
later than the date prescribed by law for approval of the publication
budget of every year, fix the annual salaries for the ensuing school
year for all persons employed by the district in positions not
requiring certification qualifications. The governing board may, at
the time, include an increase in such annual salaries, all or part of
which increase is conditional upon the actual receipt by the
district of anticipated revenue from all sources. If the revenue
actually received is less than that anticipated, the governing board
may, at any time during the school year, reduce such annual salaries
by an amount not to exceed the amount which was granted subject to
the receipt of such revenues.
(b) The governing board of a school district may, at any time
during the school year, increase the salaries of persons employed by
the district in positions not requiring certification qualifications.
Such increase shall be effective on any date ordered by the
governing board.
(c) A governing board may, at any time, increase the wages or
salaries of classified employees if the board or, in a merit system
district, the personnel commission approves a classification change
in a position, a class of positions, or any or all of the positions
or classes of positions a part of the classified service.
(d) The provisions of this section shall not be construed to
permit a governing board to demote or dismiss an employee as a result
of reclassification of a position or class of positions except as
may otherwise be permitted by law.
(e) This section shall apply to districts that have adopted the
merit system in the same manner and effect as if it were a part of
Article 6 (commencing with Section 45240) of this chapter.

45163. If the governing board of a school district cannot comply
with the provisions of subdivision (a) of Section 45162 because it is
engaged in a study, which was commenced prior to the commencement of
the school year, to increase the salaries and wages of persons
employed by such district in positions not requiring certification
qualifications, the board may, by appropriate action taken prior to
the final adoption of its budget, do either of the following:
(a) Adopt an interim salary schedule which shall be the same
schedule as for the preceding year, except that increases may be
granted at that time based upon increased cost-of-living indexes, and
provide that the salaries and wages fixed as a result of the study
shall be payable for the entire school year to include the period
thereof in which the study was conducted and final board action
taken.
(b) Provide that the salaries and wages fixed as a result of the
study shall be effective only for that portion of the school year, as
determined by the board at the time it takes action after the study
has been completed. "Portion of the school year," as used in this
subdivision shall not be for any period of time less than the period
of time remaining in the school year from the date the governing
board adopts the salary schedule based on the study commenced prior
to that school year.

45165. The governing board of any school district not paying the
annual or monthly salaries of persons employed by the district in 12
equal monthly payments may withhold, upon election by the individual
employee, from each payment made to such employee an amount as
follows:
(a) For an employee employed 11 months of a year an amount equal
to 8 1/3 percent thereof and the total amount deducted to be paid not
later than the 10th day of September next succeeding.
(b) For an employee employed 10 months of a year an amount equal
to 16 2/3 percent thereof and the total amount deducted to be paid in
two equal monthly installments not later than the 10th day of August
and the 10th day of September next succeeding.
(c) For an employee employed nine months a year an amount equal to
25 percent thereof and the total amount deducted to be paid in three
equal monthly installments not later than the 10th day of July, the
10th day of August and the 10th day of September next succeeding.
If the provisions of Section 42644 are made applicable to any
district the provisions of this section shall apply except that the
amount deducted from each regular pay period and ultimate dates for
payment of the amount deducted shall be computed and set in
accordance with the system adopted under Section 42644.
Once an employee has elected to be brought under the provisions of
this section such election shall not be revocable until the
commencement of the next ensuing fiscal year. However, in the event
any employee leaves the service of the district by death or otherwise
before receiving such moneys as may be due him, the amount due him
shall be paid within 30 days of the last working day to him or any
other person entitled thereto by law.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
6 (commencing with Section 45240) of this chapter.

45166. Orders for the payment of wages and payroll orders and
warrants for the payment of wages of employees a part of the
classified service in any public school system shall be drawn at
least once during each calendar month, for those districts not using
the provisions of Sections 42644, 42645, or 42646 of this code. Such
payment shall be made on the last working day of the month in which
the employee was in paid status.
This section shall not prohibit a school district from making a
payment of earned salary prior to the last working day of the pay
period or of the month.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
6 (commencing with Section 45240) of this chapter.

45167. Whenever it is determined that an error has been made in the
calculation or reporting in any classified employee payroll or in
the payment of any classified employee's salary, the appointing
authority shall, within five workdays following such determination,
provide the employee with a statement of the correction and a
supplemental payment drawn against any available funds.

45168. (a) Except as provided in subdivision (b), the governing
board of each school district when drawing an order for the salary or
wage payment due to a classified employee of the district may,
without charge, reduce the order by the amount which it has been
requested in a revocable written authorization by the employee to
deduct for the payment of dues in, or for any other service provided
by, any bona fide organization, of which he is a member, whose
membership consists, in whole or in part, of employees of such
district, and which has as one of its objectives improvements in the
terms or conditions of employment for the advancement of the welfare
of such employees.
The revocable written authorization shall remain in effect until
expressly revoked in writing by the employee. Whenever there is an
increase in the amount required for such payment to the organization,
the employee organization shall provide the employee with adequate
and necessary data on such increase at a time sufficiently prior to
the effective date of the increase to allow the employee an
opportunity to revoke the written authorization, if desired. The
employee organization shall provide the public school employer with
notification of the increase at a time sufficiently prior to the
effective date of the increase to allow the employer an opportunity
to make the necessary changes and with a copy of the notification of
the increase which has been sent to all concerned employees.
Upon receipt of a properly signed authorization for payroll
deductions by a classified employee pursuant to this section, the
governing board shall reduce such employee's pay warrant by the
designated amount in the next pay period following the closing date
for receipt of changes in pay warrants.
The governing board shall, on the same designated date of each
month, draw its order upon the funds of the district in favor of the
organization designated by the employee for an amount equal to the
total of the respective deductions made with respect to such
organization during the pay period.
The governing board shall not require the completion of a new
deduction authorization when a dues increase has been effected or at
any other time without the express approval of the concerned employee
organization.
(b) The governing board of each school district when drawing an
order for the salary or wage payment due to a classified employee of
the district may, without charge, reduce the order for the payment of
dues to, or for any other service provided by, the certified or
recognized organization of which the classified employee is a member,
or for the payment of service fees to the certified or recognized
organization as required by an organizational security arrangement
between the exclusive representative and a public school employer as
provided under Chapter 10.7 (commencing with Section 3540) Division 4
of Title 1 of the Government Code. However, the organizational
security arrangement shall provide that any employee may pay service
fees directly to the certified or recognized employee organization in
lieu of having such service fees deducted from the salary or wage
order.
(c) This section shall apply to districts that have adopted the
merit system in the same manner and effect as if it were a part of
Article 6 (commencing with Section 45240) of this chapter.

45168.5. (a) (1) Notwithstanding any other law, the governing board
of a school district that collects or deducts dues, agency fees,
fair share fees, or any other fee or amount of money from the salary
of a classified employee for the purpose of transmitting the money to
an employee organization shall transmit the money to the employee
organization within 15 days of issuing the paycheck containing the
deduction to the employee.
(2) Notwithstanding paragraph (1), if the governing board of a
school district with a pupil population exceeding 400,000, collects
or deducts dues, agency fees, fair share fees, or any other fee or
amount of money from the salary of a classified employee for the
purpose of transmitting the money to an employee organization, the
governing board shall transmit the money to the employee organization
within 15 working days of issuing the paycheck containing the
deduction to the employee.
(b) (1) This section does not limit the right of an employee
organization or affected employee to sue for a failure of the
employer to transmit dues or fees pursuant to this section.
(2) In an action brought for a violation of subdivision (a), the
court may award reasonable attorney's fees and costs to the
prevailing party if any party to the action requests attorney's fees
and costs.
(c) This section applies to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
6 (commencing with Section 45240).
(d) A school district or county office of education may not
request, and the state board may not grant, a waiver of compliance
with this section.

45169. Upon initial employment and upon each change in
classification thereafter, each classified employee shall be
furnished two copies of his class specification, salary data,
assignment or work location, together with duty hours and the
prescribed workweek. The salary data shall include the annual,
monthly or pay period, daily, hourly, overtime and differential rate
of compensation, whichever are applicable. One copy shall be retained
by the employee and the other copy shall be signed and dated by the
employee and returned to his supervisor.
The provisions of this section shall not apply to short-term,
limited-term, or provisional employees, as those terms are defined in
this chapter.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
6 (commencing with Section 45240) of this chapter.