compensation limits letter
TRANSCRIPT
April 3, 2014
TO: All K-12 School Districts and Community College Districts
FROM: Patricia Smith, Executive Director Business and Finance
SUBJECT: Governing Board Compensation
Compensation limits for governing board members are set pursuant to Education Code Section 35120 for K-12 districts and Section 72024 for community colleges. Copies are attached.
It has come to our attention that in some instances, districts are not in compliance with the Education Code because they have exceeded the compensation limits or because their Board members are receiving allowances or stipends, i.e. car allowance, in addition to the stated compensation limits. Payments to a person under a non-accountable plan are taxable income. If the payment is taxable income, it is also compensation.
Governing board members may be reimbursed for actual expenses incurred in performing the duties of their position. If the expense was authorized by the Board for district related business, and the documentation meets the requirements of an accountable plan, the Board member may be reimbursed without taxable effect or violation of the compensation limits. If the Board member is paid a flat amount, the amount is additional compensation.
Effective immediately, if your governing board members are receiving additional stipends or allowances that cause the EC limits to be exceeded, these payments must cease.
It is recommended that districts review Internal Revenue Service Publication 463 regarding expense payments. A governing board member may be reimbursed for mileage on a per mile basis if the purpose was district business related, based upon submission of a claim showing individual trips and distances. Per mile basis reimbursements up to the current IRS rate per mile are not taxable. If the rate used by the district is greater than the current IRS rate, the excess is taxable and must be reported as taxable income.
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Governing Board CompensationApril 3, 2014Page 2
Please note that at the end of each relevant section of the Education Code, there is a permitted annual inflator. This can be approved and applied annually by the governing board. If this inflator has not been applied in previous years there is no provision for catch up. In order to deal with the inflator, districts are advised to set up multiple assignments for the base rate and for each inflator. The phrase “not to exceed 5 percent based on the present monthly rate of compensation” allows for compounding an annual increase.
If you have any questions, please call me at (562) 922-6421.
PS:ltAttachment
SFS-A57-2013-2014
Approved:Alex Cherniss, Ed.D.Chief Financial OfficerBusiness Services
Attachment to:
Info. Bul. No. 3816
SFS-A57-2013-2014
CALIFORNIA EDUCATION CODE
SECTION 35120
35120. (a) (1) In any school district in which the average daily
attendance for the prior school year exceeded 400,000, each member of
the city board of education or the governing board of the district
who actually attends all meetings held may receive as compensation
for his or her services a sum not to exceed two thousand dollars
($2,000) per month.
(2) In any school district that is not located in a city and
county, and in which the average daily attendance for the prior
school year exceeded 60,000, the governing board may prescribe, as
compensation for the services of each member of the board who
actually attends all meetings held, a sum not to exceed one thousand
five hundred dollars ($1,500) in any month.
(3) In any school district in which the average daily attendance
for the prior school year was 60,000, or less, but more than 25,000,
each member of the city board of education or the governing board of
the district who actually attends all meetings held may receive as
compensation for his or her services a sum not to exceed seven
hundred fifty dollars ($750) in any month.
(4) In any school district in which the average daily attendance
for the prior school year was 25,000, or less, but more than 10,000,
each member of the city board of education or the governing board of
the district who actually attends all meetings held may receive as
compensation for his or her services a sum not to exceed four hundred
dollars ($400) in any month.
(5) In any school district in which the average daily attendance
for the prior school year was 10,000 or less but more than 1,000,
each member of the city board of education or the governing board of
the district who actually attends all meetings held may receive as
compensation for his or her services a sum not to exceed two hundred
forty dollars ($240) in any month.
(6) In any school district in which the average daily attendance
for the prior school year was 1,000 or less but more than 150, each
member of the city board of education or the governing board of the
district who actually attends all meetings held may receive as
compensation for his or her services a sum not to exceed one hundred
twenty dollars ($120) in any month.
(7) In any school district in which the average daily attendance
for the prior school year was less than 150, each member of the city
board of education or the governing board of the district who
actually attends all meetings held may receive as compensation for
his or her services a sum not to exceed sixty dollars ($60) per
month.
(8) Any member who does not attend all meetings held in any month
may receive, as compensation for his or her services, an amount not
greater than the maximum amount allowed by this subdivision divided
by the number of meetings held and multiplied by the number of
meetings actually attended.
(9) For the purposes of providing compensation pursuant to
paragraphs (1) to (7), inclusive, average daily attendance for the
prior school year may be increased by a school district's percentage
of excused absences reported for the 1996-97 fiscal year.
(b) The compensation of members of the governing board of a school
district newly organized or reorganized shall be governed by
subdivision (a). For this purpose, the total average daily attendance
in all of the schools of the district in the school year in which
the organization or reorganization became effective pursuant to
Section 4062 shall be deemed to be the average daily attendance in
the district for the prior school year.
(c) A member may be paid for any meeting when absent if the board
by resolution duly adopted and included in its minutes finds that at
the time of the meeting he or she is performing services outside the
meeting for the school district or districts, he or she was ill or on
jury duty, or the absence was due to a hardship deemed acceptable by
the board.
(d) The compensation shall be a charge against the funds of the
school district. If the city board of education or the governing
board of the district is the governing board of more than one school
district, the compensation shall be charged against and paid by the
respective school districts in the same proportion as the salary of
the city superintendent of schools is charged against them.
Compensation shall be reduced by an amount equal to any salary or
compensation paid to the members of the city board of education from
any funds of the city.
(e) On an annual basis, the governing board may increase the
compensation of individual board members beyond the limits delineated
in this section, in an amount not to exceed 5 percent based on the
present monthly rate of compensation. Any increase made pursuant to
this section shall be effective upon approval by the governing board.
CALIFORNIA EDUCATION CODE
SECTION 72024
72024. (a) (1) In any community college district that is not
located in a city and county, and in which the full-time equivalent
students (FTES) for the prior college year exceeded 60,000, the
governing board may prescribe, as compensation for the services of
each member of the board who actually attends all meetings held by
the board, a sum not to exceed one thousand five hundred dollars
($1,500) in any month.
(2) In any community college district in which the FTES for the
prior college year was 60,000 or less, but more than 25,000, each
member of the governing board of the district who actually attends
all meetings held by the board may receive as compensation for his or
her services a sum not to exceed seven hundred fifty dollars ($750)
in any month.
(3) In any community college district in which the FTES for the
prior college year was 25,000 or less, but more than 10,000, each
member of the governing board of the district who actually attends
all meetings held may receive as compensation for his or her services
a sum not to exceed four hundred dollars ($400) in any month.
(4) In any community college district in which the FTES for the
prior college year was 10,000 or less, but more than 1,000, each
member of the governing board of the district who actually attends
all meetings held by the board may receive as compensation for his or
her services a sum not to exceed two hundred forty dollars ($240) in
any month.
(5) In any community college district in which the FTES for the
prior college year was 1,000 or less, but more than 150, each member
of the governing board of the district who actually attends all
meetings held by the board may receive as compensation for his or her
services a sum not to exceed one hundred twenty dollars ($120) in
any month.
(b) Any member of a governing board who does not attend all
meetings held by the board in any month may receive, as compensation
for his or her services, an amount not greater than a pro rata share
of the number of meetings actually attended based upon the maximum
compensation authorized by this subdivision.
(c) The compensation of members of the governing board of a
community college district newly organized or reorganized shall be
governed by subdivision (a). For this purpose, the total FTES in all
of the community colleges of the district in the college year in
which the organization or reorganization became effective shall be
deemed to be the FTES in the district for the prior college year.
(d) A member may be paid for any meeting when absent if the board,
by resolution duly adopted and included in its minutes, finds that,
at the time of the meeting, he or she is performing services outside
the meeting for the community college district, he or she was ill or
on jury duty, or the absence was due to a hardship deemed acceptable
by the board. The compensation shall be a charge against the funds of
the district.
(e) On an annual basis, the governing board may increase the
compensation of individual board members beyond the limits delineated
in this section, in an amount not to exceed 5 percent based on the
present monthly rate of compensation. Any increase made pursuant to
this section shall be effective upon approval by the governing board.
The action may be rejected by a majority of the voters in that
district voting in a referendum established for that purpose, as
prescribed by Chapter 2 (commencing with Section 9100) of Division 9
of the Elections Code.