BILL ANALYSIS �
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CONSENT
Bill No: AB 1030
Author: Cooley (D)
Amended: 4/4/13 in Assembly
Vote: 21
SENATE EDUCATION COMMITTEE : 9-0, 6/5/13
AYES: Liu, Wyland, Block, Correa, Hancock, Hueso, Huff,
Monning, Torres
ASSEMBLY FLOOR : 77-0, 4/22/13 (Consent) - See last page for
vote
SUBJECT : Community colleges: organization of governing
boards: nonvoting student members
SOURCE : Los Rios Community College District
DIGEST : This bill authorizes, if the seat of a student
trustee becomes vacant during his/her term, the governing board
of a California Community College (CCC) district to allow the
officers of the college's student body association, as
specified, to appoint an interim nonvoting student trustee to
serve the remainder of the term in accordance with the CCC
district's policies.
ANALYSIS :
Existing law:
1.Requires the governing board of each CCC district to include
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at least one nonvoting student member to be chosen by the
students in a manner determined by the governing board of CCC
districts. In order to be eligible, the student must be
enrolled in a community college of the district for at least
five semester units. The term of office for the student
trustee is one year, commencing on May 15 or June 1 of each
year.
2.Provides that nonvoting student members of the board are
entitled to mileage reimbursement but specifically prohibits
their receipt of compensation.
3.Requires the governing board of a CCC district to either order
an election or make a provisional appointment to fill the
vacancy of an elected trustee, as specified, and in the case
of an appointment, authorizes registered voters in the
district to petition for a special election.
This bill:
1.Authorizes, if the seat of a student trustee becomes vacant
during his/her term, the governing board of a CCC district to
allow the officers of the college's student body association,
as specified, to appoint an interim nonvoting student trustee
to serve the remainder of the term in accordance with the
district's policies.
2.Corrects and updates an obsolete reference to provisions which
clarify that student trustees are ineligible to receive
compensation.
Comments
Related federal ruling . In 2009, the governing board of the Los
Rios Community College District (District) invalidated a student
trustee election because of irregularities in the voting
schedule established at one of its colleges. The board chose to
allow the elected student government presidents from each of the
District's colleges to collectively appoint a student trustee to
fill the remainder of the one-year term, pursuant to the
district's existing policies. The District was sued by a
student group, American River College Students for Liberty
Campaign, which claimed the appointment was invalid. A federal
district court ruled in favor of the plaintiff, holding that
existing law requires the District to hold another election to
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ensure the student trustee would be selected by the student
body. As a result, the District, bound by this court decision,
rewrote its policies to ensure the student trustee would be
selected by the student body.
Current process . Existing law does not explicitly specify a
process that CCC districts must follow when a student trustee
vacancy occurs. Notwithstanding the federal court ruling on the
specific circumstances of the District's situation, some
districts have allowed the student body organizations to select
an interim representative, while others hold a special election.
Student trustees serve one-year terms.
With regard to vacancies by other elected trustees, existing law
requires the governing board of a CCC district to either hold a
special election or make a provisional appointment, as
specified, to fill the remainder of the vacant trustee's term.
If the governing board opts to make an appointment, registered
voters in the district may petition for a special election, as
specified. Elected trustees serve two-year terms.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 6/5/13)
Los Rios Community College District (source)
California Community College League
Kern Community College District
Mt. San Jacinto Community College District
Peralta Community College District
Yosemite Community College District
ARGUMENTS IN SUPPORT : According to the author, "This bill
would grant the governing board permission to allow student
association leaders to appoint a successor trustee in the event
the student trustee seat becomes vacant during its term." The
author notes that special elections are burdensome, cost the
district approximately $10,000 in staff time, and can leave the
students without representation on the board for up to two
months out of a 12 month term.
ASSEMBLY FLOOR : 77-0, 4/22/13
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
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Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown,
Buchanan, Ian Calderon, Campos, Chau, Ch�vez, Chesbro, Conway,
Cooley, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gordon, Gorell,
Gray, Grove, Hagman, Hall, Harkey, Roger Hern�ndez, Holden,
Jones, Jones-Sawyer, Levine, Linder, Logue, Maienschein,
Mansoor, Medina, Melendez, Mitchell, Morrell, Mullin,
Muratsuchi, Nazarian, Nestande, Olsen, Pan, Perea, V. Manuel
P�rez, Quirk, Quirk-Silva, Rendon, Salas, Skinner, Stone,
Ting, Torres, Wagner, Waldron, Weber, Wieckowski, Wilk,
Williams, Yamada, John A. P�rez
NO VOTE RECORDED: Lowenthal, Patterson, Vacancy
PQ:ej 6/6/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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