April 16, 2007

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APPROVAL OF MINUTES
Item 1 The Minutes for March 29, 2007 were postponed to the May 31, 2007 hearing.
March 29, 2007 POSTPONED TO MAY 31, 2007
 
PROPOSED CONSENT CALENDAR
Item 2

No consent calendar.
If there are no objections to any of the following action items designated by an asterisk (*), the Executive Director will include it on the Proposed Consent Calendar that will be presented at the hearing. The Commission will determine which items will remain on the Consent Calendar.

 
APPEAL OF EXECUTIVE DIRECTOR DECISIONS PURSUANT TO CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 1181, SUBDIVISION (c).

Item 3

 

No appeals.
Staff Report (if necessary)

 

HEARINGS AND DECISIONS ON TEST CLAIMS, PURSUANT TO CALIFORNIA CODE OF REGULATIONS, TITLE 2, CHAPTER 2.5, ARTICLE 7 (Gov. Code, §§ 17551 and 17559) (action)

(Note:  Items 5, 7, 9, 11, 13, 15 and 17 will not be voted on unless the staff recommendations for Items 4, 6, 8, 10, 12, 14, and 16 are adopted.)

TEST CLAIMS

Item 4

This item was postponed.
In-Home Supportive Services,CSM 4314
Welfare and Institutions Code Sections 12301, 12302, and 12306;
Statutes 1981, Chapter 69 (Senate Bill 633); and
Department of Social Services Manual Letter No. 81-30 (Dated July 19, 1981) and Attached Interim Instruction notice dated January 19, 1982

County of San Bernardino, Claimant
 
Item 5 This item was postponed.
Proposed Statement of Decision
In-Home Supportive Services,CSM 4314

See Above
 
Item 6

The Commission adopted the staff recommendation to partially approve this test claim.
In Home Supportive Services II, 00-TC-23
Government Code Section 16262.5
Welfare and Institutions Code Sections 12301.3, 12301.4, 12301.6, 12301.8, 12302.25, 12302.7, 12303.4, 12306.1, 14132.95, 17600 and 17600.110
Statutes 1999, Chapters 90 (AB 1682) and 91 (SB 710); Statutes 2000, Chapter 445     (SB 288 )
County of San Bernardino, Claimant

 
Item 7

The Commission adopted the proposed Statement of Decision.
Proposed Statement of Decision
In Home Supportive Services II, 00-TC-23
See Above

 
Item 8

This item was postponed to the May 31, 2007 hearing.
POSTPONED TO MAY 31, 2007
California Youth Authority: Sliding Scale for Charges, 02-TC-01
Welfare and Institutions Code Sections 912, 912.1, and 912.5
Statutes 1996, Chapter 6 (SB 681); Statutes 1998, Chapter 632 (SB 2055) County of San Bernardino, Claimant

 
Item 9

This item was postponed to the May 31, 2007 hearing.
POSTPONED TO MAY 31, 2007
Proposed Statement of Decision
California Youth Authority: Sliding Scale for Charges, 02-TC-01
See Above

 
Item 10

The Commission adopted the staff recommendation to deny this test claim.
Reconveyance of Deed of Trust and Mortgage Discharge Certificate
02-TC-41 Civil Code Section 2941
Statutes 2000, Chapter 1013 (AB 996)
County of San Bernardino, Claimant

 
Item 11

The Commission adopted the proposed Statement of Decision
Proposed Statement of Decision
Reconveyance of Deed of Trust and Mortgage Discharge Certificate
02-TC-41
See Above

 
Item 12

The Commission adopted the staff recommendation to partially approve this test claim.
Pupil Discipline Records, 00-TC-10
Education Code Sections 48201, 48900.8, and 49079
Statutes 1997, Chapter 637 (AB 412), Statutes 2000, Chapter 345
(AB 29),
Sweetwater Union High School District, Claimant
Consolidated with Notification to Teachers: Pupils Subject to Suspension or Expulsion II,00-TC-11
Education Code Sections 48201 and 49079; Statutes 2000, Chapter 345 (AB 29), Carpinteria Unified School District and Sweetwater Union and Grant Joint Union High School District, Co-Claimants

 
Item 13

The Commission adopted the proposed Statement of Decision.
Proposed Statement of Decision
Pupil Discipline Records, 00-TC-10 and Notification to Teachers: Pupils Subject to Suspension or Expulsion II,00-TC-11
See Above

 
Item 14

The Commission adopted the staff recommendation to partially approve this test claim.
California State Teachers’ Retirement System (CalSTRS)
Creditable Compensation/Service Credit
- 01-TC-02, 02-TC-19
Education Code Sections 22000, 22002, 22119.2, 22119.5, 22146, 22455.5, 22458, 22460, 22461, 22501, 22502, 22503, 22504, 22509, 22711, 22712.5, 22713, 22714, 22717, 22717.5, 22718, 22724, 22800, 22801, 22803, 22851, 22852, 22950 and 22951
Statutes 1993, Chapter 893 (AB 1796);  Statutes 1994, Chapters 507    (AB 2647), 603 (AB 2554)and 933 (AB 3171); Statutes 1995,
Chapters 390 (AB 1122), 394 (AB 948)and 592 (AB 1298); Statutes 1996, Chapters 383 (AB 3221), 608 (AB 2673), 634 (SB 2041), 680 (SB 1877) and 1165 (AB 3032); Statutes 1997, Chapters 482 (SB 471) and 838 (SB 227); Statutes 1998, Chapters 1006 (AB 1102), 1048 (SB 2085) and 1076 (SB 2126); Statutes 1999, Chapter 939 (SB 1074); Statutes 2000,  Chapters 402 (AB 649), 880 (SB 1694), 1020 (AB 820), 1021 (AB 2700), 1025 (AB 816) and 1032 (SB 1435); Statutes 2001, Chapters 77 (SB 165), 159 (SB 662), 802 (SB 499) and 803 (SB 501); Statutes 2002, Chapter 375 (AB 2982) Lassen County Office of Education, San Luis Obispo County Office of Education, Grant Joint Union High School District, and Santa Monica Community College District, Claimants

 
Item 15

The Commission adopted the proposed Statement of Decision.
See Proposed Statement of Decision
California State Teachers’ Retirement System (CalSTRS)
Creditable Compensation/Service Credit
- 01-TC-02, 02-TC-19
See Above

 
Item 16

This item was postponed to the May 31, 2007 hearing.
POSTPONED TO MAY 31, 2007
Peace Officer Instructor Training, 02-TC-26
California Code of Regulations, Title 11:Section 1082 (Register 2002, No. 35); Sections 1001, 1052, 1053, 1055, 1070, and 1071 (Register 2001, No. 29); Section 1056 (Register 2001, No. 4); and  Section 1058 (Register 91, No. 50) San Bernardino Community College District, Claimant

 
Item 17

This item was postponed to the May 31, 2007 hearing.
POSTPONED TO MAY 31, 2007
Proposed Statement of Decision
Peace Officer Instructor Training, 02-TC-26
See Above

 
INFORMATIONAL HEARING PURSUANT TO CALIFORNIA CODE OF REGULATIONS, TITLE 2, CHAPTER 2.5, ARTICLE 8
ADOPTION OF PROPOSED STATEWIDE COST ESTIMATE
Item 18

The Stull Act was postponed to the May 31, 2007 hearing.
POSTPONED TO MAY 31, 2007
The Stull Act,  98-TC-25
Education Code Sections 44660-44665 (Former Ed. Code, §§ 13485-13490)
Statutes 1983, Chapter 498 (SB 813)
Statutes 1999, Chapter 4 (SB 412)
Denair Unified School District and Grant Joint Union High School District, Claimants

 
MANDATE REFORM PROPOSALS AND PENDING LEGISLATION
Item 18

The Commission adopted staff’s recommendation. The Commission also created a legislative subcommittee on Mandate Reform.
Position on Department of Finance and Legislative Analyst's Mandate Reform Proposals and Pending Legislation (Discussion continued from March 29, 2007.)
(AB 1170, AB 1222, and AB 1576)

 
STAFF REPORTS
Item 19

Chief Legal Counsel’s Report (info)
Recent Decisions, Litigation Calendar

 

 
Item 20

Executive Director’s Report (info/action)
Workload, Budget, Legislation, and Next Hearing