SECTIONS 53260-53264 - California Statutes

GOVERNMENT CODE

SECTION 53260-53264

53260. (a) All contracts of employment between an employee and a
local agency employer shall include a provision which provides that
regardless of the term of the contract, if the contract is
terminated, the maximum cash settlement that an employee may receive
shall be an amount equal to the monthly salary of the employee
multiplied by the number of months left on the unexpired term of the
contract. However, if the unexpired term of the contract is greater
than 18 months, the maximum cash settlement shall be an amount equal
to the monthly salary of the employee multiplied by 18.
(b) (1) Notwithstanding subdivision (a), if a local agency
employer, including an administrator appointed by the Superintendent,
terminates its contract of employment with its district
superintendent of schools that local agency employer may not provide
a cash or noncash settlement to its superintendent in an amount
greater than the superintendent's monthly salary multiplied by zero
to six if the local agency employer believes, and subsequently
confirms, pursuant to an independent audit, that the superintendent
has engaged in fraud, misappropriation of funds, or other illegal
fiscal practices. The amount of the cash settlement described in this
paragraph shall be determined by an administrative law judge after a
hearing.
(2) This subdivision applies only to a contract for employment
negotiated on or after the effective date of the act that added this
subdivision.
(c) The cash settlement formula described in subdivisions (a) and
(b) are maximum ceiling on the amounts that may be paid by a local
agency employer to an employee and is not a target or example of the
amount of the cash settlement to be paid by a local agency employer
to an employee in all contract termination cases.

53261. The cash settlement specified in Section 53260 shall not
include any other noncash items except health benefits, which may be
continued for the same duration of time as covered in the settlement,
pursuant to the same time limitations as provided in Section 53260,
or until the employee finds other employment, whichever occurs first.

53262. (a) All contracts of employment with a superintendent,
deputy superintendent, assistant superintendent, associate
superintendent, community college president, community college vice
president, community college deputy vice president, general manager,
city manager, county administrator, or other similar chief
administrative officer or chief executive officer of a local agency
shall be ratified in an open session of the governing body which
shall be reflected in the governing body's minutes.
(b) Copies of any contracts of employment, as well as copies of
the settlement agreements, shall be available to the public upon
request.

53263. For purposes of this article, "local agency" means any
general law county, general law city, and any district, school
district, community college district, municipal or public
corporation, political subdivision, or public agency of the state, or
any instrumentality of any one or more of these agencies.

53264. This article shall apply prospectively and shall affect any
contract originally approved by the governing body, or any existing
contract that is extended by the governing body, after the effective
date of this article.