California Legislature—2013–14 Regular Session

Assembly Bill No. 734

Introduced by Assembly Member Mansoor

February 21, 2013

An act to amend Section 92032 of the Education Code, relating to postsecondary education.

LEGISLATIVE COUNSEL’S DIGEST

AB 734, as introduced, Mansoor. University of California: regent meetings: student participation.

The Donahoe Higher Education Act authorizes the activities of the 4 segments of the higher education system including the University of California, which is administered by the Regents of the University of California. Provisions of the Donahoe Higher Education Act apply to the University of California only to the extent that the regents act, by resolution, to make them applicable. Existing law authorizes the Regents of the University of California to hold special meetings with public notice for these meetings. Existing law authorizes the regents to conduct closed sessions when they meet to consider or discuss certain topics, including matters affecting national security and certain personnel and litigation matters.

This bill would encourage the regents to allow a student, selected by the University of California Student Association, to attend the closed session meetings. The bill would require the student to be a nonvoting, noncontributing participant at the meetings.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 92032 of the Education Code is amended
to read:

92032.  

Notwithstanding Article 9 (commencing with Section
11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the
Government Code:

(a) The Regents of the University of California, as occasioned
by necessity, may hold special meetings. The regents shall give
public notice for these meetings. This notice shall be given by
means of a notice hand delivered or mailed to each newspaper of
general circulation and television or radio station that has requested
notice in writing, so that the notice may be published or broadcast
at least 72 hours before the time of the meeting. The notice shall
specify the time, place, and agenda of the special meeting. The
regents shall not consider any business not included in the agenda
portion of the notice. Failure to comply with this subdivision shall
not be excused by the fact that no action was taken at the special
meeting.

(b) The Regents of the University of California may conduct
closed sessions when they meet to consider or discuss any of the
following matters:

(1) Matters affecting national security.

(2) The conferring of honorary degrees or other honors or
commemorations.

(3) Matters involving gifts, devises, and bequests.

(4) Matters involving the purchase or sale of investments for
endowment and pension funds.

(5) Matters involving litigation, when discussion in open session
concerning those matters would adversely affect, or be detrimental
to, the public interest.

(6) The acquisition or disposition of property, if discussion of
these matters in open session could adversely affect the regents’
ability to acquire or dispose of the property on the terms and
conditions they deem to be in the best public interest.

(7) (A) Matters concerning the appointment, employment,
performance, compensation, or dismissal of university officers or
employees, excluding individual regents other than the president
of the university.

(B) (i) Action taken by a committee of the regents, and final
action by the full board of regents, on a proposal for the
compensation package of the following executive officers shall
occur in an open session of each of those bodies, and shall include
a disclosure of the compensation package and rationale for the
action:

(I) The President of the University of California.

(II) The chancellor of an individual campus.

(III) A vice president.

(IV) The treasurer or the assistant treasurer.

(V) The general counsel.

(VI) The regents’ secretary.

(ii) Members of the public shall be afforded the opportunity to
address the committee and full board on the proposal during or
before consideration of the action item.

(C) Discussion by a committee of the regents of, and action on,
an executive compensation program or policy, and any final action
by the full board of regents on that program or policy, shall occur
in open session of each of those bodies.

(D) Compensation for the principal officers of the regents and
the officers of the university shall include salary, benefits,
perquisites, severance payments (except those made in connection
with a dismissal or a litigation settlement), retirement benefits, or
any other form of compensation.

(8) Matters relating to complaints or charges brought against
university officers or employees, excluding individual regents
other than the president of the university, unless the officer or
employee requests a public hearing.

(c) While a witness is being examined during any open or closed
session, any or all other witnesses in the investigation may be
excluded from the proceedings by the regents.

(d) Committees of the regents may conduct closed sessions on
Medi-Cal contract negotiations.

(e) The nominating committee of the regents may conduct closed
sessions held for the purpose of proposing officers of the board
and members of the board’s various committees.

(f) Committees of the regents may conduct closed sessions held
for the purpose of proposing a student regent.

(g) The regents shall not be required to give public notice of
meetings of special search or selection committees held for the
purpose of conducting interviews for university officer positions.

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(h) The regents are encouraged, but not required, to allow a
student, selected by the University of California Student
Association, to attend the closed session meetings pursuant to this
section. The student shall be a nonvoting, noncontributing
participant at the meeting.

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