BILL NUMBER: AB 2109 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 5, 2010
INTRODUCED BY Assembly Member Ruskin
FEBRUARY 18, 2010
An act to amend Section 71090.5 71092
of, and to add Section 70900.7 to, the Education Code, and to
amend Section 11000 of the Government Code, relating to the
California Community Colleges.
LEGISLATIVE COUNSEL'S DIGEST
AB 2109, as amended, Ruskin. California Community
Colleges. Colleges: employees: appointments.
(1) Existing law establishes the California Community Colleges,
under the administration of the Board of Governors of the California
Community Colleges, as one of the segments of public postsecondary
education in this state. Existing law requires the board of governors
to appoint a chief executive officer, known as the Chancellor of the
California Community Colleges, and requires the chancellor to
execute the duties and responsibilities delegated to him or her by
the board of governors.
Existing law requires the Governor to appoint up to 6 deputy and
vice chancellors of the community colleges recommended by the board
of governors and exempts those deputy and vice chancellors from state
civil service.
This bill would increase the number of deputy and vice chancellors
that the Governor is required to appoint up to 8 deputy and vice
chancellors recommended by the board of governors.
The bill would also express the intent of the Legislature that,
before any legislation that, by its
terms, applies to the state or its agencies, departments, or boards,
may shall not apply to the California
Community Colleges, unless that legislation
should be is directly compatible with the
mission and functions of the California Community Colleges. The bill
would express legislative intent that the California Community
Colleges not be governed by any statute enacted after January 1,
2011, that does not amend a previously applicable act and
that applies generally to the state or to state agencies,
departments, or boards, unless the statute expressly
provides that the California Community Colleges are to be governed by
that statute.
(2) Existing law requires the board to employ and fix the
compensation of certain employees as it deems necessary for the
effective conduct of the work of the board and the chancellor's
office.
Notwithstanding any other provision of law, this bill would
authorize the board to appoint an individual without permanent civil
service status to a position classified as a career executive
assignment if the individual has a minimum of 5 years' work
experience in certain capacities. This bill would prohibit
individuals accepting these appointments from having a right of
return to state civil service upon termination of employment.
(2)
(3) Existing law defines "state agency," for the
purposes of numerous statutes in the Government Code, to include
every state office, officer, department, division, bureau, board, and
commission, except that, for these purposes, "state agency" does not
include the California State University, with respect to specified
statutes that are added or amended effective on or after January 1,
1997, unless a statute explicitly provides that it applies to the
university.
This bill would amend that definition to specify that "state
agency" for these purposes also does not include the California
Community Colleges, with respect to specified statutes that are added
or amended effective on or after January 1, 2011,
unless a statute explicitly provides that it applies to the
California Community Colleges.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) California Community College students are served by 112
colleges, 72 community college districts, and a state agency system
office that is led by the Chancellor of the California Community
Colleges on behalf of the 17-member Board of Governors of the
California Community Colleges.
(b) The responsibilities of the Office of the Chancellor of the
California Community Colleges have grown in scope and complexity in
the past decade, while staffing has been reduced from 250 to 161
state employees.
(c) The chancellor's office is responsible for the annual
distribution of Proposition 98 community college apportionments,
fiscal and program oversight, facilities planning, overseeing the
development and coordination of information technology, systemwide
budget and legislative advocacy, and policy and leadership guidance.
(d) The Chancellor of the California Community Colleges plays a
pivotal role in leading the system in working through this
challenging time, while continuing to find new and innovative
approaches to providing community college access and success. Success
in this endeavor will greatly enhance the state's ability to retool
the workforce and reinvigorate the state's economy.
(e) The existing governance structure of the California Community
Colleges prevents the chancellor's office from providing effective
direction, leadership, and oversight to the community college
districts. As a state agency, the chancellor's office is unable to
respond with the speed, authority, and efficiency required to meet
the needs of students. To function more effectively the Office of the
Chancellor of the California Community Colleges should have greater
flexibility with respect to requirements imposed by the state, at a
level that is similar to the flexibility of the administrative
offices of the University of California and California State
University.
SEC. 2. Section 70900.7 is added to the Education Code, to read:
70900.7. Recognizing the unique mission and functions of the
California Community Colleges among the departments, agencies, and
boards of the state, it is the intent of the Legislature that both of
the following occur:
(a) Before Any legislation that, by
its terms, applies to the state or its agencies, departments, or
boards, may shall not apply to the
California Community Colleges, unless the legislation
should be is directly compatible with
the mission and functions of the California Community Colleges
as set forth in this division .
(b) The California Community Colleges shall not be
governed by any statute enacted after January 1, 2011, that
does not amend a previously applicable act and that applies generally
to the state or to state agencies, departments, or boards,
unless the statute expressly provides that the California Community
Colleges are to be governed by that statute.
SEC. 3. Section 71090.5 of the Education Code
is amended to read:
71090.5. In addition to the position authorized by subdivision
(e) of Section 4 of Article VII of the California Constitution, the
Governor, with the recommendation of the board of governors, shall
appoint up to eight deputy and vice chancellors, who shall be exempt
from state civil service. The appointments shall not exceed an
aggregate total of eight, for the positions of both deputy and vice
chancellor.
SEC. 3. Section 71092 of the Education
Code is amended to read:
71092. (a) The board of governors shall employ and fix the
compensation, in accordance with law, of assistants, clerical, and
other employees as it deems necessary for the effective conduct of
the work of the board and the chancellor's office.
(b) (1) Notwithstanding any other law, the board of governors may
appoint an individual without permanent civil service status to a
position classified as a career executive assignment if the
individual has a minimum of five years' work experience in any of the
following capacities:
(A) A local community college position.
(B) A higher education policy position.
(C) A technical or occupational capacity for which there is a
demonstrated shortage of qualified workers.
(2) Individuals accepting an appointment pursuant to this
subdivision shall not have a right of return to the state civil
service upon termination of the appointment.
(b)
(c) Notwithstanding Section 19849.5 of the Government
Code, the Board of Governors of the California Community Colleges
shall designate the headquarters for each of its employees, except as
provided in Section 71004.
SEC. 4. Section 11000 of the Government Code is amended to read:
11000. (a) (1) As used in this title, "state agency" includes
every state office, officer, department, division, bureau, board, and
commission.
(2) As used in any section of this title that is added or amended
effective on or after January 1, 1997, "state agency" does not
include the California State University unless the section explicitly
provides that it applies to the university.
(3) As used in any section of this title that is added or amended
effective on or after January 1, 2011, "state
agency" does not include the California Community Colleges unless the
section explicitly provides that it applies to the community
colleges.
(b) References to particular state agencies in this title, without
further identification, such as to the "Treasurer" or "Department of
General Services," are references to the state officer or agency
known by that name.