BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 629|
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THIRD READING
Bill No: SB 629
Author: Lowenthal (D)
Amended: 4/13/11
Vote: 21
SENATE EDUCATION COMMITTEE : 10-0, 4/6/11
AYES: Lowenthal, Runner, Alquist, Blakeslee, Hancock,
Huff, Liu, Price, Simitian, Vargas
NO VOTE RECORDED: Vacancy
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : California Community College Chancellors Office
Hiring
SOURCE : Author
DIGEST : This bill expands the authority of the Board of
Governors of the California Community Colleges to appoint
persons without permanent civil service status to vice
chancellor and assistant vice chancellor positions through
the career executive assignment process, if the individual
has a minimum of five years of specified work experience,
previously held permanent status in civil service, was
employed by the Legislature for two or more consecutive
years, or held for two or more consecutive years one or
more nonelected exempt positions in the executive branch.
ANALYSIS : Current law requires the Board of Governors
(BOG) of the California Community Colleges (CCC) to employ
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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 BOG
and the Chancellor's Office.
Current law authorizes the Governor, with the
recommendation of the Bog, to appoint up to a total of six
deputy and vice chancellors, who are exempt from state
civil service.
Current law outlines a comprehensive personnel system for
state civil service, encourages the development and
effective use in the civil service of well=qualified and
carefully selected executives, and, for this purpose,
establishes a category of civil service appointment called
a "career executive assignment," or CEA. Until January 1,
2013, eligibility for appointment to a career executive
assignment includes (1) persons with permanent status, or
who previously had permanent status, in the civil service,
(2) persons employed by the Legislature with two or more
consecutive years, and (3) persons holding, for two or more
consecutive years, nonelected exempt positions in the
executive branch.
After January 1, 2013, CEA appointments are reserved
exclusively for persons with permanent civil service
status.
This bill:
1.Expands the existing authority of the BOG of the CCC to
appoint individuals to positions classified as career
executive assignments.
2.Authorizes the BOG of the CCC to appoint persons without
permanent civil service status to vice chancellor or
assistant vice chancellor positions classified as CEAs,
if the person meets any of the following:
A. Has a minimum of five years of work experience in
any of the following:
(1) A local community college.
(2) A higher education policy position.
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(3) A technical or occupational capacity for
which there is a shortage of qualified workers.
B. Previously held permanent status in civil service.
C. Was employed by the Legislature for two or more
consecutive years.
D. Held for two or more consecutive years one or more
nonelected exempt positions in the executive branch.
3.This bill does not limit the application for any law
applicable to CEAs, including the provisions of the
Governor Code and rules of the State Personnel Board,
except as to authorize the appointments described in this
bill.
Comments
Need for the Bill . Currently, the process of appointing a
vice chancellor or assistant vice chancellor to the
Community College Chancellor's Office can be delayed for
months, creating significant gaps in executive level
staffing. Additionally, the Chancellor's Office is limited
in assembling a team that could bring significant higher
education or industry experience. This proposed change in
the appointment process will give the Chancellor the
ability to hire his own staff and ensure each appointment
possesses the relevant expertise necessary to address
critical community college issues in a timely fashion.
Maximum Flexibility . As noted above, the current authority
for any state agency to hire outside the permanent civil
service ranks into a CEA positions sunsets on January 1,
2013. It is unclear whether the existing authority will be
extended beyond the sunset date. After 2013, the
Chancellor's Office may not have the ability to hire
persons with prior civil service, legislative, or executive
agency experience.
Prior Legislation
AB 2109 (Ruskin), 2009-10 Session, would have removed the
CCC from the definition of "state agency" for all
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legislation enacted after January 1, 2011, and would have
provided the CCC Chancellor's Office with expanded
personnel hiring authority. AB 2109 was withdrawn from
Assembly Higher Education Committee without further action.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 5/2/11)
California Community Colleges Chancellor's Office
Kern Community College District
Los Angeles Community College District
Los Rios Community College District
Peralta Community College District
San Diego Community College District
West Kern Community College District
OPPOSITION : (Verified 5/2/11)
State Personnel Board
ARGUMENTS IN SUPPORT : According to the author's office,
this bill gives the Chancellor the ability to hire his/her
own staff and ensure each appointment possesses the
relevant expertise needed to address vital community
college issues in a timely fashion.
ARGUMENTS IN OPPOSITION : In opposition, the State
Personnel Board states, "This bill purports to mandate CEA
classification and minimum qualifications which infringes
upon the Board's constitutional and statutory authority to
enforce civil service status and prescribe minimum
qualifications for each classification."
CPM:cm 5/3/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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