Education personnel: compensation.

Existing law establishes the system of public elementary and secondary schools in this state, and provides for the establishment of local educational agencies, including school districts, that establish and operate the schools and provide instruction to pupils throughout the state. Existing law also establishes the California Community Colleges as one of the segments of public postsecondary education in the state. This bill would prohibit a school district or a charter school, on and after January 1, 2012, from entering into, or renewing, a contract that provides a pay increase within the contract for any employee who is not eligible to be represented by an exclusive representative, in any fiscal year in which classified or certificated employees of that school district or that charter school have been terminated, provided notice of possible termination, or not provided with a cost-of-living adjustment, or that provides a pay increase in the fiscal year during which the contract is executed, relative to the immediately past contract for that same position, for any employee who is not eligible to be represented by an exclusive representative, in any fiscal year when, in that same fiscal year, or the immediately past fiscal year, classified or certificated employees of that school district or that charter school have been terminated, provided notice of possible termination, or not provided with a cost-of-living adjustment. This provision would not apply to an employee who is terminated for cause, or provided with notice of possible termination for cause, due to a disciplinary action. This bill would prohibit a community college district, on and after January 1, 2012, from entering into, or renewing, a contract that provides a pay increase within the contract for any employee who is not eligible to be represented by an exclusive representative, in any fiscal year in which classified or certificated employees of that district have experienced termination or reduction of salary due to state budget cutbacks, or that provides a pay increase in the fiscal year during which the contract is executed, relative to the immediately past contract for that same position, for any employee who is not eligible to be represented by an exclusive representative, in any fiscal year when, in that same fiscal year, or the immediately past fiscal year, classified or certificated employees of that district have experienced termination or reduction of salary due to state budget cutbacks. This provision would not apply to an employee who is terminated for cause due to a disciplinary action.