State of California M E M O R A N D U M To: PERSONNEL MANAGEMENT LIAISONS REFERENCE CODE: 94-69 EFFECTIVE DATE: Immediately EXPIRATION DATE: December 31, 1995 DATE OF ISSUE: December 30, 1994 THIS MEMORANDUM SHOULD BE DISTRIBUTED TO: ACCOUNTING OFFICERS HOLDERS OF THE SUPERVISOR'S GUIDE From: Department of Personnel Administration Labor Relations Division 1515 "S" Street, 4th Floor, North Building Sacramento, CA 95814 Subject: State Bar of California Dues/Professional Leave - 1995 The Department of Personnel Administration (DPA) is approving the following allowances for reimbursement of the 1995 State Bar of California dues. Under terms of the Bargaining Unit 2 agreement effective September 1, 1992, the State shall reimburse the cost of bar dues for each represented Unit 2 employee for whom bar membership is required as a condition of employment. For other employees in the Unit, the State shall either provide reimbursement for bar dues or two days per calendar year of professional leave without loss of compensation, at the option of the department. This leave must be requested and approved in the same manner as vacation leave. If the employee is working less than full-time, the bar dues reimbursement or professional leave shall be prorated. Professional leave credit shall not carry over from year to year. The Unit 2 agreement further provides job-related local or specialty (sections) bar dues which may be reimbursed at each department's discretion for each employee for whom State Bar membership is required as a condition of employment. Any amount to be reimbursed shall be determined by each department. If local or specialty bar dues are reimbursed for less than full-time employees, the reimbursed amount shall be prorated. Each department may delay reimbursement of any increase in bar dues no later than the end of each calendar year. Excluded employees, who are required to maintain State Bar membership, shall be entitled to the same allowances as provided in DPA Rule 599.921. Job related local or specialty (sections) bar dues may be reimbursed at each department's discretion for each employee of whom State Bar membership is required as a condition of employment. Any amount to be reimbursed shall be determined by each department. If local or specialty (sections) bar dues are reimbursed for less than full-time PML 94-69 December 30, 1994 Page 2 employees, the reimbursed amount shall be prorated. Departments, at their discretion, may prorate basic bar dues for less than full- time employees or employees who begin or end State service during 1995. As a result of Keller vs. State Bar of California (1990) 110 S. Ct. 2228, the Department of Personnel Administration has determined that it would not be appropriate for the State of California to pay for activities which are political or ideological. The State Bar has authorized a deduction of $1.00 from the 1995 membership fee for those who object to expenditures for activities with "political of ideological coloration." Those employees who wish to pay the full membership fees must pay the State Bar of California directly and request reimbursement from the State. All requests for reimbursement must contain: proof of payment, a copy of the annual fee statement issued by the State Bar Association, and a copy of the employee's membership card. Employees may not claim reimbursement for the $1.00 deduction (see Attachment Line D - Hudson Deduction). Departments that receive requests for full reimbursement must either: reduce the claim by $1.00 and notify the claimant of the correction, or return the claim to the claimant for correction. Departments may schedule payments of bar dues, less the $1.00 Hudson Deduction, through the State Controller's Office - Audits Division. The check must be payable to the "State Bar of California" and sent in c/o First Interstate Bank, P.O. Box 39126, San Francisco, CA 94139-0126. Copies of the annual fee statements (see Attachment Line F) must accompany the claim schedule and care must be taken to identify the employees that the warrant(s) cover. The following rates for 1995 reflect the $1.00 reduction for the Hudson Deduction: State Bar of California - Active Members For employees admitted prior to February 1, 1992 $477.00 For employees admitted on February 1, 1992 through $409.00 January 31, 1994 For employees admitted on February 1, 1994 and after $378.00 State Bar of California - Inactive Members For all employees $ 49.00 In addition to reimbursement for bar dues, nonrepresented employees are entitled to reimbursement for up to $100.00 annually for membership in one professional society or for one professional license fee. The membership must be in a professional society which engages in activities directly related to the employee's scientific or professional discipline. The professional license must also be related to the employee's scientific or professional discipline (DPA Rule 599.922.2). PML 94-69 December 30, 1994 Page 3 If Accounting or Labor Relations staff have any questions, please call Terrie Jordan at (916) 324-9377, CALNET 454-9377. Employees must direct questions to their Accounting Office staff. Rick McWilliam Chief of Labor Relations Attachment