§ 45060. — 45060. (Amended by Stats. 2018, Ch. 53, Sec. 1.)

California § 45060.

• Jurisdiction: California
• Code EDC: Education Code - EDC
• Div.: 3.
• Title 2.: DIVISION 3. LOCAL ADMINISTRATION
• Part 25.: PART 25. EMPLOYEES
• Ch. 4.: CHAPTER 4. Employment—Certificated Employees
• Art. 5.: ARTICLE 5. Salaries

Text

(a)
Except as provided in Section 45061, the governing board of each public school employer, when drawing an order for the salary payment due to a certificated employee of the employer, shall reduce the order by the amount which it has been requested in a revocable written authorization by the employee to deduct for the purpose of paying the dues of the employee for membership in any local professional organization or in any statewide professional organization, or in any other professional organization affiliated or otherwise connected with a statewide professional organization which authorizes the statewide organization to receive membership dues on its behalf, or to deduct for the purpose of paying dues in, or for any other service, program, or committee provided or sponsored by, any
certified or recognized employee organization, of which the employee is a bargaining unit member, whose membership consists, in whole or in part, of employees of the public school employer, and which has as one of its objectives improvements in the terms or conditions of employment for the advancement of the welfare of the employees. Any revocation of a written authorization shall be in writing and shall be effective provided the revocation complies with the terms of the written authorization.
(b)
Unless otherwise provided in an agreement negotiated pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the governing board shall, no later than the 10th day of each pay period for certificated employees, draw its order upon the funds of the employer in favor of the organization designated by the employee for an amount equal to the total of the dues or other deductions made with respect to that
organization for the previous pay period and shall transmit the total amount to that organization no later than the 15th day of each pay period for certificated employees. When timely transmittal of dues or other payments by a county is necessary for a public school employer to comply with the provisions of this section, the county shall act in a timely manner. The governing board may deduct from the amount transmitted to the organization on whose account the dues or other payments were deducted the actual reasonable costs of making the deduction.
(c)
The revocable written authorization shall remain in effect until expressly revoked in writing by the employee, pursuant to the terms of the written authorization. Whenever there is a change in the amount required for the payment to the organization, the employee organization shall provide the employee with adequate and necessary data on the change at a time sufficiently prior to the effective date
of the change to allow the employee an opportunity to revoke the written authorization, if desired and if permitted by the terms of the written authorization. The employee organization shall provide the public school employer with notification of the change at a time sufficiently prior to the effective date of the change to allow the employer an opportunity to make the necessary adjustments and with a copy of the notification of the change which has been sent to all concerned employees.
(d)
The governing board shall not require the completion of a new deduction authorization when a dues or other change has been effected or at any other time without the express approval of the concerned employee organization.
(e)
The governing board shall honor the terms of the employee’s written authorization for payroll deductions. Employee requests to cancel or change authorizations for payroll
deductions for employee organizations shall be directed to the employee organization rather than to the governing board. The employee organization shall be responsible for processing these requests. The governing board shall rely on information provided by the employee organization regarding whether deductions for an employee organization were properly canceled or changed, and the employee organization shall indemnify the public school employer for any claims made by the employee for deductions made in reliance on that information.
(f)
A certified or recognized employee organization that certifies that it has and will maintain individual employee authorizations shall not be required to submit to the governing board of a public school employer a copy of the employee’s written authorization in order for the payroll deductions described in this section to be effective, unless a dispute arises about the existence or terms of the written
authorization. The employee organization shall indemnify the public school employer for any claims made by the employee for deductions made in reliance on its notification.

Legislative History

Amended by Stats. 2018, Ch. 53, Sec. 1. (SB 866) Effective June 27, 2018.