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SB-770 School districts: members of the governing board.(2021-2022)

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Date Published: 02/20/2021 04:00 AM
SB770:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 770


Introduced by Senator Roth

February 19, 2021


An act to amend Section 35107 of the Education Code, relating to school districts.


LEGISLATIVE COUNSEL'S DIGEST


SB 770, as introduced, Roth. School districts: members of the governing board.
Existing law makes any person who is 18 years of age or older, a citizen of the state, a resident of the school district, a registered voter, and not disqualified from holding a civil office, eligible to be elected or appointed a member of a governing board of a school district, as provided.
This bill would make nonsubstantive changes to that provision.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 35107 of the Education Code is amended to read:

35107.
 (a) Any person, regardless of sex, who is 18 years of age or older, a citizen of the state, a resident of the school district, a registered voter, and who is not disqualified by the Constitution or laws of the state from holding a civil office, is eligible to be elected or appointed a member of a governing board of a school district without further qualifications.
(b) (1) An employee of a school district may shall not be sworn into office as an elected or appointed member of that school district’s governing board unless and until he or she the individual resigns as an employee. If the employee does not resign, the employment will automatically terminate upon being sworn into office.
(2) For any individual who is an employee of a school district and an elected or appointed member of that school district’s governing board prior to before January 1, 1992, this subdivision shall apply when he or she the individual is reelected or reappointed, on or after January 1, 1992, as a member of the school district’s governing board.
(c) Notwithstanding any other provision of law, the governing board of a school district may adopt or the residents of the school district may propose, by initiative, a proposal to limit or repeal a limit on the number of terms a member of the governing board of the school district may serve on the governing board of the school district. Any proposal to limit the number of terms a member of the governing board of the school district may serve on the governing board of the school district shall apply prospectively only and shall not become operative unless it is submitted to the electors of the school district at a regularly scheduled election and a majority of the votes cast on the question favor the adoption of the proposal.
(d) (1) An initiative measure proposed pursuant to subdivision (c) shall be subject to the procedures set forth in Chapter 4 (commencing with Section 9300) of Division 9 of the Elections Code.
(2) A proposal submitted to the electors by the governing board of a school district pursuant to subdivision (c) shall be subject to the procedures set forth in Chapter 6 (commencing with Section 9500) of Division 9 of the Elections Code.
(e) A member of the governing board of a school district shall abstain from voting on personnel matters that uniquely affect a relative of the member but may vote on collective bargaining agreements and personnel matters that affect a class of employees to which the relative belongs. For purposes of this section, “relative” means an adult who is related to the person by blood or affinity within the third degree, as determined by the common law, or an individual in an adoptive relationship within the third degree.