State of California

  M E M O R A N D U M

  REFERENCE CODE:
  99-064

  DATE:
  December 7, 1999

  TO:
  Accounting Officers
  Travel and Relocations Liaisons
  Employee Relations Officers
  Personnel Officers

  FROM:
  Department of Personnel Administration
  Labor Relations Division

  SUBJECT:
  State Bar Dues and Professional Leave

  CONTACT:
  Terrie J. Jordan, Statewide Travel Coordinator
   (916) 324-0476
  FAX: (916) 322-0765
  OFFICE VISION: DPA(Terrie Jordan)
  INTERNET: TerrieJordan@dpa.ca.gov


  The Department of Personnel Administration (DPA) is 
  approving the following allowances for reimbursement of 
  2000 State Bar of California dues.
  
  AMOUNT PAID FOR STATE BAR MEMBERSHIP FEES 
  
  The State shall pay $390.00 for State Bar of California 
  mandatory membership fees.  The State will not pay 
  voluntary fees (i.e., lobbying, foundation and conference 
  of delegates fees).     
  
  The amount paid may be prorated for employees who work less 
  than full-time and for employees who work less than one 
  year. 
  
  The State shall not pay penalties/fined added to, or 
  accumulated because of late payment, except where the State 
  is responsible for late payment of Unit 2 employee dues. 
  (Section 13.7(A) of Unit 2 collective bargaining agreement)
   
  
  LOCAL BAR ASSOCIATION MEMBERSHIP AND SPECIALTY (SECTION) 
  DUES/RENEWAL
  
  The State shall pay for Unit 2 employee membership in one 
  local job-related bar association, or for one job-related 
  specialty section of the State or a local bar, if State Bar 
  membership is required as a condition of employment.  The 
  amount paid shall not exceed $100 annually.  
  
  Non-represented employees may be reimbursed for job-related 
  local or specialty section dues at each appointing power's 
  discretion.  The amount paid shall be determined by each 
  appointing power.  The amount paid for less than full-time 
  employees shall be prorated. (2 Cal. Code Regs.   599.921) 
  
  ELIGIBILITY FOR PAYMENT AND PROFESSIONAL LEAVE  
  
  State Bar membership fees, section fees, and local bar 
  association fees will only be paid for Bargaining Unit 2 
  and excluded employees if State Bar membership is required 
  as a condition of employment.  
  
  If State Bar membership is not required as a condition of 
  employment, rank-and-file employees in Bargaining Unit 2 
  shall (1) nonetheless receive reimbursement for bar dues; 
  or (2) be provided two days of professional leave without 
  loss of compensation.  Inactive bar dues are $50.  The 
  choice about whether employees are reimbursed or provided 
  with professional leave shall be at the election of the 
  appointing authority.  If a Unit 2 employee is not an 
  active or inactive member of the bar, the only option is to 
  grant two days of professional leave because the employee 
  did not incur membership expenses for which to seek 
  reimbursement.  
  
  Professional leave may be prorated for Unit 2 employees who 
  work less than full-time and for employees who work less 
  than a full year.  Use of professional leave must be 
  requested and approved in the same manner as vacation or 
  annual leave.  Professional leave credit shall not carry 
  over from year-to-year.
  
  METHOD OF PAYING BAR, LOCAL ASSOCIATION AND SPECIALTY 
  SECTION FEES
  
  Departments may reimburse individual employees, or pay 
  membership fees directly to the State Bar on behalf of 
  employees unless an affected employee wishes to pay 
  voluntary fees (i.e., lobbying, conference of delegates 
  and/or foundation fees).  Employees electing to pay 
  voluntary fees must pay them along with mandatory dues and 
  section fees, and then seek reimbursement for the latter.
  
  Requests for reimbursement must include proof of payment, a 
  copy of the annual fee statement and a copy of the 
  employee's membership card.
   
  
  If the department is paying dues directly to the State Bar:
  
  Affected employees must provide the original 
  remittance (coupon) portion of their bar dues statement to 
  the person designed by the department at least four (4) 
  weeks before the last day upon which the dues become 
  delinquent.  Each coupon must include a notation deducting 
  the $5 lobbying fee.  Coupons may not indicate payment is 
  being made for foundation or conference of delegate fees 
  (sample attached).  THE DEADLINE FOR PAYING DUES IS 
  FEBRUARY 1, 2000.  If an employee's bar statement is not 
  received four weeks in advance, then the department may (1) 
  make an exception and still directly pay the employee's 
  dues; or at its option, (2) reimburse the employee for 
  paying dues him/herself. 
    
  The department must prepare a list of employees for 
  whom dues are being paid, batch the coupons, and prepare 
  one check payable to the "California State Bar" for dues 
  and section fees.  The check, list and batched coupons 
  should be sent in one envelope to State Bar of California, 
  180 Howard Street, Attention: Membership Services, San 
  Francisco, 94105.
  
  PROFESSIONAL ASSOCIATION
  
  Excluded employees are entitled to reimbursement for up to 
  $100 annually for membership in one professional society or 
  for professional society which engages in activities 
  directly related to the employee's professional discipline.  
  (2 Cal. Code Regs.   599.922.2)
  
  
  
  
  Linda Diane Buzzini
  Labor Relations Officer/Counsel