BILL ANALYSIS AB 1413 Page 1 GOVERNOR'S VETO AB 1413 (Portantino) As Amended September 5, 2007 2/3 vote ----------------------------------------------------------------- |ASSEMBLY: |73-1 |(June 7, 2007) |SENATE: |25-14|(September 7, | | | | | | |2007) | ----------------------------------------------------------------- ----------------------------------------------------------------- |ASSEMBLY: |54-21|(September 11, | | | | | | |2007) | | | | ----------------------------------------------------------------- Original Committee Reference: HIGHER ED. SUMMARY : Authorizes an ex officio member of the California State University (CSU) Board of Trustees to designate a staff person to attend Trustee meetings on his/her behalf and establishes new requirements governing executive compensation. The Senate amendments : 1)Clarify that the ex officio member's designee must be employed by the ex officio member for at least one year. 2)Delete the authority for the designee to act on the ex officio member's behalf. 3)Specify that the designee may not participate in closed sessions of the CSU Board of Trustees. 4)Clarify that the executive compensation provisions to do apply to contracts approved prior to January 1, 2008. 5)Make technical and clarifying changes. AS PASSED BY THE ASSEMBLY , this bill: AB 1413 Page 2 1)Allowed ex officio members of CSU Board of Trustees to designate a person to attend board meetings in his or her absence and to act on his or her behalf at those meetings. 2)Prohibited the CSU Board of Trustees, on and after January 1, 2008, from approving a contract for the hiring of an executive officer unless that contract and its terms are adopted, by resolution, in a duly noticed meeting of the board. 3)Required that, to the extent the CSU Board of Trustees approve transition pay for executive officers who are ceasing to perform their regular duties, transition pay cannot exceed the compensation received by the executive officer in the last year of regular duties and can only be paid for actual duties performed. 4)Provided that, when the CSU Board of Trustees approve executive compensation in the form of trustee professorships at the time an executive officer ceases to perform his or her regular duties, this compensation cannot exceed the amount a full CSU professor would be paid for a similar teaching assignment. FISCAL EFFECT : According the to the Senate Appropriations Committee analysis, negligible fiscal impact to CSU. COMMENTS : In July 2006, the San Francisco Chronicle published a series of articles about transition compensation provided to former CSU executives who were leaving their positions, revealing previously secret compensation packages that included transition pay, professorships and special benefits. Specifically, the articles revealed that executives were frequently granted transition pay as part of the CSU Executive Transition Program, allowing a full year's pay without specified duties. Several executives had begun other full-time positions and still received CSU transition pay. Executives were also provided "trustee professorships," although some executives apparently did not assume teaching duties while receiving this pay. Finally, these transition pay benefits were not disclosed in public session and were not approved by the CSU Board of AB 1413 Page 3 Trustees. In November 2006, the CSU Board of Trustees adopted changes to its executive compensation transition program, (including Trustee professorships), limiting eligibility for the transition pay program to campus presidents and executives who intend to return to an identified position with the CSU. Under the Board's new policy, campus presidents and executives hired after November 2006, who leave the CSU are not eligible for compensation if they retire or if they are receiving any non-CSU income. GOVERNOR'S VETO MESSAGE : California State University (CSU) Board of Trustees' meetings are already open to the public and therefore, it is unnecessary to statutorily authorize a staff person to attend in a member's absence. Executive compensation contracts are currently approved in open meetings and last year CSU adopted changes to their transition pay program that are addressed in this bill. I do not believe that we should be micromanaging the hiring practices at University of California or the California State University system, in ways that may hamper their ability to hire quality instructors and administrators. However, when appropriate, I do believe that there should be transparency in our educational systems so that the public has confidence in our institutions, which is why I am signing Senate Bill 190 that provides some additional openness and accessibility for the public on matters of executive compensation. Analysis Prepared by : Sandra Fried / HIGHER ED. / (916) 319-3960 FN: 0003622 AB 1413 Page 4