BILL ANALYSIS
AB 2109
Page 1
Date of Hearing: April 20, 2010
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Marty Block, Chair
AB 2109 (Ruskin) - As Amended: April 5, 2010
SUBJECT : California Community Colleges.
SUMMARY : Would remove the California Community College (CCC)
from the definition of "state agency" for all legislation
enacted after January 1, 2011, and would provide the CCC
Chancellor's Office (CCCCO) expanded personnel hiring authority.
Specifically, this bill :
1)Provides the CCC Board of Governors (BOG) authority to appoint
an individual without permanent civil service status to a
career executive assignment (CEA) if the individual has five
years of work experience in a local CCC, a higher education
policy position, or a technical or occupational capacity for
which there is a shortage of qualified workers. Provides that
individuals accepting these appointments shall not have rights
to return to state civil service upon termination of the
appointment.
2)Provides that "state agency" does not include the CCC for any
section of law added or amended after January 1, 2011, unless
the section explicitly provides that it applies to CCC.
EXISTING LAW provides that all employees of the state are
included in civil service, unless exempt. Specifically exempts
from civil service UC and CSU employees, among others.
Establishes the CEA category to provide some additional
flexibility in selection, classification and pay, but requires
that CEA candidates have permanent civil service status.
FISCAL EFFECT : Unknown
COMMENTS : Purpose of this bill : The author argues that CCC
represents the largest higher education system in the country,
requiring CCCCO staff to keep up with national higher education
trends, statewide fiscal and policy issues, and local CCC
practices. The CCCCO oversees the distribution of state funding
apportionments to CCC districts and is increasingly called upon
to develop new policy initiatives. The author argues that these
complex responsibilities require staff to have higher
AB 2109
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education-specific expertise and experience. UC and CSU have
flexibility in hiring because they are not designated as state
agencies and their employees are not part of the state civil
service system. The author believes this flexibility permits UC
and CSU to respond in a timely fashion to state priorities by
hiring staff with appropriate skill sets. CCCCO, however, is
hampered in its ability to respond nimbly to system needs
because of the number of state agency and civil service
requirements with which it must comply. This bill is intended
to provide CCCCO some limited flexibility in handling its hiring
of CEAs in order to enhance its capacity to lead the CCC system.
CSU personnel hiring authority : In establishing CSU, the
Legislature created an independent governing board and provided
a separate appointing authority for employees, including
exemption from state civil services. The Legislature also
provided for intent that CSU function "entirely independent of
all political and sectarian influence and kept free therefrom in
the appointment of its trustees and in the administration of its
affairs." In 2006, CSU raised concerns that, despite
legislative intent, CSU was often covered by legislation
applying to state agencies that limited CSU's ability to meet
its educational mission. As a result, AB 3132 (Firestone),
Chapter 938, Statutes of 1996, was enacted to exclude CSU from
the definition of "state agency".
UC personnel hiring authority : The California Constitution
(Section 9 of Article IX) establishes UC as a public trust and
confers the full powers of UC upon the UC Regents. The
Constitution establishes that UC is subject to legislative
control only to the degree necessary to ensure the security of
its funds and compliance with the terms of its endowments.
Judicial decisions have held that there are three additional
areas in which there may be limited legislative intrusion into
university operations: authority over the appropriation of state
moneys; exercise of the general police power to provide for the
public health, safety and welfare; and legislation on matters of
general statewide concern not involving internal university
affairs.
Arguments in support : CCCCO argues that it needs to create a
career pathway for local CCC employees into CCCCO and that the
civil service system does not currently provide this pathway;
therefore, CCCCO is unable to fill important positions in the
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most efficient way with the most experienced personnel. Since
2000, CCCCO staff has seen a reduction from 260 to 165
employees. At a time when CCC policy and practices are becoming
increasingly important to maintaining the state's global
competitiveness and effectively garner the state share of new
federal funding opportunities, CCCCO needs the ability to hire
experienced and qualified staff in a quick and nimble way.
Arguments in opposition : The California Teachers Association
(CTA) argues that a "blanket" exemption from statutes governing
state agencies will result in unequal treatment and compliance
issues.
REGISTERED SUPPORT / OPPOSITION :
Support
California Community Colleges Chancellor's Office
Opposition
California Teachers Association
Analysis Prepared by : Laura Metune / HIGHER ED. / (916)
319-3960