State of California M E M O R A N D U M REFERENCE CODE: PML 96-057 DATE: November 25, 1996 TO: Accounting Officers Labor Relations Officers Department Claim Auditors Travel and Relocation Liaisons FROM: Department of Personnel Administration Labor Relations Division SUBJECT: State Bar of California Dues/Professional Leave - 1997 CONTACT: Terrie Jordan, Statewide Coordinator, Travel and Relocation Program (916) 324-9377, CALNET 454-9377 Office Vision: DPA(TJJORDAN) Internet: TJJORDAN@SMTP.DPA.CA.GOV Fax: (916) 322-0765 The Department of Personnel Administration (DPA) is approving the following allowances for reimbursement of the 1997 State Bar of California dues. 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. In addition, job-related local or specialty (sections) bar dues 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 to 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 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 1997. As a result of Keller vs. State Bar of California (1990) 110 S. Ct. 2228, DPA 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 1997 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 with the remittance portion of the annual fee statement to State Bar of California, Attention Membership Services, 555 Franklin Street, San Francisco, CA 94102-4498. 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 1997 reflect the $1.00 reduction for the Hudson Deduction: State Bar of California - Active Members For employees admitted prior to February 1, 1994 - $457.00 For employees admitted on February 1, 1994 through January 31, 1996 - $389.00 For employees admitted on February 1, 1996 and after - $358.00 State Bar of California - Inactive Members For all employees - $49.00 In addition to reimbursement for bar dues, excluded 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). If Accounting or Labor Relations staff have any questions, please call Terrie Jordan at (916) 324-9377, CALNET 454- 9377. Employees with questions should be directed to their departmental Accounting Office. Rick McWilliam Chief of Labor Relations Attachment to this memo will not be included in the office vision version of this PML, but will be distributed via regular mail.