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Re: Ed Code Role of the Trustee

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  • Francie
    ... the entire code that deals with the Trustee on this site For those who are interested in searching the Ed Code, or any other CA bills that are are enacted
    Message 1 of 3 , Jun 18, 2007
      --- In wccusdtalk@yahoogroups.com, "Kevin Rivard" <kfrivard@...>
      wrote:
      >if you could cite where you found this part of the code and or put
      the entire code that deals with the Trustee on this site

      For those who are interested in searching the Ed Code, or any other
      CA bills that are are enacted or currently in the legislature, you
      can use LegInfo:
      http://leginfo.ca.gov/

      For the Ed Code, click on "California Law, click on "Education Code".
      You can then enter a keyword or, in this case, the section number
      given by Madeline. Section 41320 covers district trustees. In regard
      to Fred Stewart, our former trustee, during the early days of his
      trusteeship I believe that he was much more visible than in recent
      years. I recall meeting him at a couple of board meetings.

      Here's the trustee portion of the Ed Code:

      41320.1. Acceptance by the district of the apportionments made
      pursuant to Section 41320 constitutes the agreement by the district
      to all of the following conditions:
      (a) The Superintendent of Public Instruction shall appoint a
      trustee who has recognized expertise in management and finance and
      may employ, on a short-term basis, any staff necessary to assist the
      trustee, including, but not limited to, certified public accountants,
      as follows:
      (1) The expenses incurred by the trustee and any necessary staff
      shall be borne by the district.
      (2) The Superintendent shall establish the terms and conditions of
      the employment, including the remuneration of the trustee. The
      trustee shall serve at the pleasure of, and report directly to, the
      Superintendent.
      (3) The trustee, and any necessary staff, shall serve until the
      loan authorized by this section is repaid, the district has adequate
      fiscal systems and controls in place, and the Superintendent has
      determined that the district's future compliance with the fiscal plan
      approved for the district under Section 41320 is probable. The
      Superintendent shall notify the county superintendent of schools, the
      Legislature, the Department of Finance, and the Controller no less
      than 60 days prior to the time that the Superintendent expects these
      conditions to be met.
      (4) Before the district repays the loan, including interest, the
      recipient of the loan shall select an auditor from a list established
      by the Superintendent and the Controller to conduct an audit of its
      fiscal systems. If the fiscal systems are deemed to be inadequate,
      the Superintendent may retain the trustee until the deficiencies are
      corrected. The cost of this audit and any additional cost of the
      trustee shall be borne by the district.
      (5) Notwithstanding any other law, all reports submitted to the
      trustee are public records.
      (6) To facilitate the appointment of the trustee and the
      employment of any necessary staff, for the purposes of this section,
      the Superintendent is exempt from the requirements of Article 6
      (commencing with Section 999) of Chapter 6 of Division 4 of the
      Military and Veterans Code and Part 2 (commencing with Section 10100)
      of the Public Contracts Code.
      (7) Notwithstanding any other law, the Superintendent may appoint
      an employee of the department to act as trustee for up to the
      duration of the trusteeship. The salary and benefits of that
      employee shall be established by the Superintendent and paid by the
      school district. During the time of appointment, the employee is an
      employee of the school district, but shall remain in the same
      retirement system under the same plan as if the employee had remained
      in the department. Upon the expiration or termination of the
      appointment, the employee shall have the right to return to his or
      her former position, or to a position at substantially the same level
      as that position, with the department. The time served in the
      appointment shall be counted for all purposes as if the employee had
      served that time in his or her former position with the department.
      (b) The trustee appointed by the Superintendent shall monitor and
      review the operation of the district. During the period of his or
      her service, the trustee may stay or rescind any action of the local
      district governing board that, in the judgment of the trustee, may
      affect the financial condition of the district. The Superintendent
      may establish timelines and prescribe formats for reports and other
      materials to be used by the trustee to monitor and review the
      operations of the district. The trustee shall approve or reject all
      reports and other materials required from the district as a condition
      of receiving the apportionment. The Superintendent, upon the
      recommendation of the trustee, may reduce any apportionment to the
      district in an amount up to two hundred dollars ($200) per day for
      each late or unacceptable report or other material required under
      Part 24 (commencing with Section 41000), and shall report to the
      Legislature any failure of the district to comply with the
      requirements of this section. If the Superintendent determines, at
      any time, that the fiscal plan approved for the district under
      Section 41320 is unsatisfactory, he or she may modify the plan as
      necessary, and the district shall comply with the plan as modified.
      (c) At the request of the Superintendent, the Controller shall
      transfer to the department, from any apportionment to which the
      district would otherwise have been entitled pursuant to Section
      42238, the amount necessary to pay the expenses incurred by the
      trustee and any associated costs incurred by the county
      superintendent of schools.
      (d) For the fiscal year in which the apportionments are disbursed
      and each year thereafter, the Controller, or his or her designee,
      shall cause an audit to be conducted of the books and accounts of the
      district, in lieu of the audit required by Section 41020. At the
      Controller's discretion, the audit may be conducted by the
      Controller, his or her designee, or an auditor selected by the
      district and approved by the Controller. The costs of these audits
      shall be borne by the district. These audits shall be required until
      the Controller determines, in consultation with the Superintendent,
      that the district is financially solvent, but in no event earlier
      than one year following the implementation of the plan or later than
      the time the apportionment made is repaid, including interest. In
      addition, the Controller shall conduct quality control reviews
      pursuant to subdivision (c) of Section 14504.2.
      (e) For all purposes of errors and omissions liability insurance
      policies, the trustee appointed pursuant to this section is an
      employee of the local education agency to which he or she is
      assigned. For the purpose of workers' compensation benefits, the
      trustee is an employee of the local education agency to which he or
      she is assigned, except that a trustee appointed pursuant to
      paragraph (7) of subdivision (a) is an employee of the department for
      that purpose.
      (f) Except for an individual appointed by the Superintendent as
      trustee pursuant to paragraph (7) of subdivision (a), the
      state-appointed trustee is a member of the State Teachers' Retirement
      System, if qualified, for the period of service as trustee, unless
      the trustee elects in writing not to become a member. A person who
      is a member or retirant of the State Teachers' Retirement System at
      the time of appointment shall continue to be a member or retirant of
      the system for the duration of the appointment. If the trustee
      chooses to become a member or is already a member, the trustee shall
      be placed on the payroll of the school district for the purposes of
      providing appropriate contributions to the system. The
      Superintendent may also require that any individual appointed as
      trustee pursuant to paragraph (7) of subdivision (a) be placed on the
      payroll of the school district for purposes of remuneration, other
      benefits, and payroll deductions. For the purpose of workers'
      compensation benefits, the state-appointed trustee is deemed an
      employee of the local education agency to which he or she is
      assigned, except that a trustee who is appointed pursuant to
      paragraph (7) of subdivision (a) is an employee of the department for
      that purpose.
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