Amended in Assembly April 23, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 986

Introduced by Assembly Member Gipson

February 26, 2015

An act to amend Section 71093 of the Education Code, relating to postsecondary education.

LEGISLATIVE COUNSEL’S DIGEST

AB 986, as amended, Gipson. Community Colleges: Compton Community College District: report.

Existing law establishes the California Community Colleges under the administration of the Board of Governors of the California Community Colleges. Existing law requires the board of governors to appoint a chief executive officer, known as the Chancellor of the California Community Colleges. Existing law provides for the establishment of community college districts throughout the state, including the Compton Community College District. Existing law authorizes these districts to provide instruction to students at the campuses operated by these districts.

Existing law authorizes the board of governors to suspend the authority of the Board of Trustees of the Compton Community College District for a period lasting until June 30, 2011, plus a period lasting until the chancellor, the Fiscal Crisis and Management Assistance Team, the Director of Finance, and the Secretary for Education concur with the special trustee that the district, for 2 consecutive academic years, has met the requirements of the comprehensive assessment conducted, and the recovery plan prepared, pursuant to existing law. Existing law, in the event of a suspension, authorizes the chancellor to appoint a special trustee to manage the district, as specified.

This bill would require the begin delete special trustee end delete begin insert chancellor end insert to report to the Legislature concerning the priorities identified in each Fiscal Crisis and Management Assistance Team report and to provide a response on how the begin delete special trustee end delete begin insert chancellor end insert intends to resolve the issues identified in the Fiscal Crisis and Management Assistance Team report in a timely begin delete manner, not to exceed 150 days from receipt of the report. end delete begin insert manner. The bill would require the chancellor to submit the report to the Legislature within 150 days following the issuance of each Fiscal Crisis and Management Assistance Team report. end insert In any instance that there is a decline in performance identified in a report, the begin delete special trustee end delete begin insert chancellor end insert would be required to also specifically identify strategies for ensuring progress in its response to that report. begin delete By imposing additional duties on a community college district, this bill would impose a state-mandated local program. end delete

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The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete yes end delete begin insert no end insert .

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

SECTION 1.  

Section 71093 of the Education Code is amended
to read:

71093.  

Notwithstanding any other provision of law:

(a) The board of governors may authorize the chancellor to
suspend the authority of the Board of Trustees of the Compton
Community College District, or of any of the members of that
board, to exercise any powers or responsibilities or to take any
official actions with respect to the management of the district,
including any of the district’s assets, contracts, expenditures,
facilities, funds, personnel, or property. The board of governors
may authorize suspension for a period up to five years from the
effective date of Assembly Bill 318 of the 2005-06 Regular
Session, plus a period lasting until the chancellor, the Fiscal Crisis
and Management Assistance Team, the Director of Finance, and
the Governor concur with the special trustee that the district has,
for two consecutive academic years, met the requirements of the
comprehensive assessment conducted, and the recovery plan
prepared, pursuant to Section 41329.59.

(b) A suspension authorized by this section becomes effective
immediately upon the delivery of a document to the administrative
offices of the Compton Community College District that sets forth
the finding of the chancellor that a suspension pursuant to this
section is necessary for the establishment of fiscal integrity and
security in that district.

(c) (1) If and when the chancellor suspends the authority of the
Board of Trustees of the Compton Community College District or
any of its members pursuant to this section, the chancellor may
appoint a special trustee as provided in paragraph (3) of subdivision
(c) of Section 84040, at district expense, to manage the district.
The chancellor is authorized to assume, and delegate to the special
trustee, those powers and duties of the Board of Trustees of the
Compton Community College District that the chancellor
determines, with the approval of the board of governors, are
necessary for the management of that district. The Board of
Trustees of the Compton Community College District may not
exercise any of the duties or powers assumed by the chancellor
under this section.

(2) The chancellor may appoint as a special trustee under this
section a person who has served in a similar capacity prior to the
enactment of the act that adds this section. A special trustee
appointed under this section shall serve at the pleasure of the
chancellor.

(3) Notwithstanding any other provision of law, in order to
facilitate the appointment of the special trustee, the chancellor is
exempt, for the purposes of this section, from the requirements of
Article 6 (commencing with Section 999) of Chapter 6 of Division
4 of the Military and Veterans Code and Part 2 (commencing with
Section 10100) of Division 2 of the Public Contract Code.

(d) Notwithstanding any other provision of law, at any time that
this section is in effect, the chancellor is authorized to assume, and
delegate to the special trustee, those powers and duties of the
Compton Community College District Personnel Commission that
the chancellor determines are necessary for the management of
the personnel functions of the Compton Community College
District. The personnel commission may not exercise any of the
powers or duties assumed by the chancellor.

(e) Notwithstanding any other provision of law, if the special
trustee has been a member of the State Teachers’ Retirement
System or the Public Employees’ Retirement System at any time
prior to appointment, he or she shall, for the period of service as
special trustee, be a member of the system to which he or she
belonged, unless the special trustee elects, in writing, not to be a
member. If the special trustee chooses to be a member, the special
trustee shall be placed on the payroll of the district, or the payroll
of another local education agency or other entity with which the
district has an exchange agreement pursuant to Section 87422 or
other applicable provisions of law, for the purpose of providing
appropriate contributions to the applicable retirement system.

(f) The special trustee appointed pursuant to this section is
authorized to do all of the following:

(1) Implement substantial changes in the fiscal policies and
practices of the Compton Community College District.

(2) Revise the academic program of the Compton Community
College District to reflect realistic income projections in response
to the dramatic effect of the changes in fiscal policies and practices
upon program quality.

(3) Encourage all members of the college community to accept
a fair share of the burden of the full recovery of the Compton
Community College District in the five operational areas of finance,
academics, personnel facilities, and governance.

(4) Enter into agreements on behalf of the Compton Community
College District and, subject to any contractual and statutory
obligation of the Compton Community College District, change
any existing district rules, regulations, policies, or practices as
necessary for the effective implementation of the recovery plan.
Any agreement authorized by this section shall be binding upon
the district for the term of the agreement, notwithstanding the
removal of the special trustee for any reason or the reinstatement
of any powers or responsibilities of the board of trustees. No
agreement authorized by this paragraph shall materially impair the
security and other interests of the holders of any bonds issued
pursuant to Article 9 (commencing with Section 63049.67) of
Chapter 2 of Division 1 of Title 6.7 of the Government Code.

(5) Appoint an advisory committee to advise the special trustee
with respect to the management of the Compton Community
College District and the establishment and implementation of the
arrangements for provision of services by a partner district pursuant
to Article 5 (commencing with Section 74292) of Chapter 5 of
Part 46. This advisory committee may include residents of the
communities served by the Compton Community College District,
and any outside experts deemed appropriate by the special trustee.
No member of the advisory committee shall receive any
compensation or benefits for his or her services as a member of
the advisory committee.

(g) In the event of a vacancy in the special trustee position, the
chancellor shall temporarily assume all of the powers and duties
of the special trustee until another special trustee can be appointed
pursuant to this section.

(h) The begin delete special trustee end delete begin insert chancellor end insert shall report to the Legislature
concerning the priorities identified in each Fiscal Crisis and
Management Assistance Team report begin insert conducted pursuant to
Section 41329.59 end insert and shall provide a response on how the begin delete special
trustee end delete begin insert chancellor end insert intends to resolve the issues identified in the
Fiscal Crisis and Management Assistance Team report in a timely
begin delete manner, not to exceed 150 days from receipt of the report. end delete begin insert manner.
The report shall be submitted to the Legislature within 150 days
following the issuance of each Fiscal Crisis and Management
Assistance Team report. end insert In any instance that there is a decline in
performance, the begin delete special trustee end delete begin insert chancellor end insert shall specifically
identify strategies for ensuring progress in its response to that
report.

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SEC. 2.  

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

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