BILL ANALYSIS Ó
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Date of Hearing: April 17, 2012
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Marty Block, Chair
AB 1965 (Pan) - As Amended: April 9, 2012
SUBJECT : California State University: trustees.
SUMMARY : Authorizes ex officio members of the California State
University (CSU) Board of Trustees (BOT) to designate a
representative to attend, speak, and vote at CSU BOT meetings in
the ex officio member's absence and authorizes the non-voting
student trustee to vote at a BOT meeting if the voting student
member is absent from the meeting. Specifically, this bill :
1)Authorizes ex officio members of the CSU BOT to designate a
representative to attend CSU BOT meetings in the ex officio
member's absence and to speak and vote on his or her behalf at
those meetings.
2)Prohibits the designated representative from participating in
closed sessions.
3)Allows the ex officio member to designate only one person in a
calendar year to attend a CSU BOT meeting or meetings in the
ex officio member's absence.
4)Authorizes the non-voting student trustee to vote at a BOT
meeting if the voting student member is absent from that
meeting.
EXISTING LAW :
1)Provides that the CSU BOT be composed of the following ex
officio members: the Governor, Lieutenant Governor, Speaker of
the Assembly, Superintendent of Public Instruction, and CSU
Chancellor.
2)Provides that the CSU BOT be composed of the following
members:
a) 16 members appointed by the Governor and subject to
confirmation by two-thirds of the membership of the Senate;
b) A representative of the CSU alumni associations,
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selected for a two-year term by the CSU alumni council
(this person cannot be a CSU employee during the two-year
term);
c) Two CSU students, appointed by the Governor for two-year
terms; and,
d) A tenured CSU faculty member, appointed by the Governor
for a two-year term.
FISCAL EFFECT : Unknown
COMMENTS : Need for this bill . According to the author, CSU
BOT ex officio members are not able to participate in meetings
due to scheduling conflicts, and the first year student Trustee
is not able to act as an alternate in the second year student's
absence. This bill is necessary to facilitate increased
representation of the public and constituents to ensure a more
responsive and transparent decision-making process by the BOT.
Virtue of the office . The Legislature established the importance
of certain state-elected offices participating on the boards of
public postsecondary institutions as a means to ensure that
elected leaders are able to share their perspective in the
formulation of system policy. By virtue of the office they
hold, these individuals bring unique perspective and experience
to the policy and governance discussions of the Trustees.
Presumably, this bill would allow an ex officio Trustee to send
a designee to act in the official's place and stead with the
same rights and responsibilities, including the right of the
deputy to be counted in constituting a quorum, participating in
the proceedings of the Board, and to vote upon any and all
matters, excluding closed sessions. Is it appropriate for
nonelected proxies to vote on behalf of elected officials who
represent the people of California in the governance of the CSU?
Will designees be held to the same confidentiality and
fiduciary requirements as the ex officio members?
Effect on ex officio participation . While the intent of the
bill is to increase ex officio involvement in CSU BOT decisions
by ex officio members, does the ability to appoint a designee
serve as a disincentive for the ex officio to participate?
While both the Trustees and ex officio members could benefit
from regular contact, it is not clear that this bill will, by
itself, ensure more responsible and transparent decision making,
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as it will continue to be incumbent on the ex officio members to
be informed about Trustee agendas and meeting outcomes.
Designee requirements . This bill allows the ex officio to
choose anyone as their designee, regardless of employment
qualifications. The Committee may wish to consider whether this
should be further defined.
Other entities . The California Public Employees' Retirement
System, California State Teachers' Retirement System, Board of
Equalization, and Franchise Tax Board allow ex officio members
to send a deputy to act on their behalf at board meetings. The
Committee may wish to consider whether these boards are an
appropriate comparison group for governance of a state
university system.
Student members . Two students serve staggered two-year terms on
the CSU BOT. During a student's first year, he or she may
participate fully in BOT meetings but may not vote. The student
may vote during his or her second year on the BOT. The intent
of this staggered voting provision is to allow the student a
year to transition onto the board and learn the issues before
exercising their voting responsibilities in the second year.
Clarifying amendments .
1)Staff recommends amending the bill to remove the Chancellor's
authority to designate a staff person to attend Trustee
meetings, since this does not seem logical or appropriate.
2)Staff recommends amending the bill to establish a process
whereby the BOT Secretary is notified in a timely manner of an
ex officio's designation of a representative.
Related legislation . SB 1515 (Yee), pending in the Senate
Education Committee, would change the CSU BOT composition,
increasing the number of faculty, students and represented
staff. AB 690 (Ammiano, 2009), AB 1413 (Portantino, 2007) and
AB 2339 (McLeod, 2004), which were all vetoed by Governor
Schwarzenneger, contained provisions substantially similar to
this bill. In his veto statement of AB 690, the Governor
stated:
As I stated before, it is unnecessary to statutorily
authorize a person to attend a board meeting in the absence
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of an ex-officio member since the meetings are open to
anyone from the public to attend and provide comment.
Moreover, ex officio members serve by virtue of their
experience and qualifications in sharing their perspective
on issues impacting higher education. Allowing these
members to appoint a substitute to attend in their absence
creates a disincentive for the member to actually attend
the meetings, and diminishes the value of an ex-officio
member's contribution to the public discourse.
REGISTERED SUPPORT / OPPOSITION :
Support
California Faculty Association (sponsor)
California Labor Federation
Opposition
California State University
Analysis Prepared by : Sandra Fried / HIGHER ED. / (916)
319-3960