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 trusteeend delete 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 trusteeend delete 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 In any instance that there is a decline in performance identified in a report, the begin delete special trusteeend delete 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
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.end delete
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.end delete
Fiscal committee: yes.
State-mandated local program:
begin deleteyes end delete.
The people of the State of California do enact as follows:
Section 71093 of the Education Code is amended
Notwithstanding any other provision of law:
4(a) The board of governors may authorize the chancellor to
5suspend the authority of the Board of Trustees of the Compton
6Community College District, or of any of the members of that
7board, to exercise any powers or responsibilities or to take any
8official actions with respect to the management of the district,
9including any of the district’s assets, contracts, expenditures,
10facilities, funds, personnel, or property. The board of governors
11may authorize suspension for a period up to five years from the
P3 1effective date of Assembly Bill 318 of the 2005-06 Regular
2Session, plus a period lasting until the chancellor, the Fiscal Crisis
3and Management Assistance Team, the Director of Finance, and
4the Governor concur with the special trustee that the district has,
5for two consecutive academic years, met the requirements of the
6comprehensive assessment conducted, and the recovery plan
7prepared, pursuant to Section 41329.59.
8(b) A suspension authorized by this section becomes effective
9immediately upon the delivery of a document to the administrative
10offices of the Compton Community College District that sets forth
11the finding of the chancellor that a suspension pursuant to this
12section is necessary for the establishment of fiscal integrity and
13security in that district.
14(c) (1) If and when the chancellor suspends the authority of the
15Board of Trustees of the Compton Community College District or
16any of its members pursuant to this section, the chancellor may
17appoint a special trustee as provided in paragraph (3) of subdivision
18(c) of Section 84040, at district expense, to manage the district.
19The chancellor is authorized to assume, and delegate to the special
20trustee, those powers and duties of the Board of Trustees of the
21Compton Community College District that the chancellor
22determines, with the approval of the board of governors, are
23necessary for the management of that district. The Board of
24Trustees of the Compton Community College District may not
25exercise any of the duties or powers assumed by the chancellor
26under this section.
27(2) The chancellor may appoint as a special trustee under this
28section a person who has served in a similar capacity prior to the
29enactment of the act that adds this section. A special trustee
30appointed under this section shall serve at the pleasure of the
32(3) Notwithstanding any other provision of law, in order to
33facilitate the appointment of the special trustee, the chancellor is
34exempt, for the purposes of this section, from the requirements of
35Article 6 (commencing with Section 999) of Chapter 6 of Division
364 of the Military and Veterans Code and Part 2 (commencing with
37Section 10100) of Division 2 of the Public Contract Code.
38(d) Notwithstanding any other provision of law, at any time that
39this section is in effect, the chancellor is authorized to assume, and
40delegate to the special trustee, those powers and duties of the
P4 1Compton Community College District Personnel Commission that
2the chancellor determines are necessary for the management of
3the personnel functions of the Compton Community College
4District. The personnel commission may not exercise any of the
5powers or duties assumed by the chancellor.
6(e) Notwithstanding any other provision of law, if the special
7trustee has been a member of the State Teachers’ Retirement
8System or the Public Employees’ Retirement System at any time
9prior to appointment, he or she shall, for the period of service as
10special trustee, be a member of the system to which he or she
11belonged, unless the special trustee elects, in writing, not to be a
12member. If the special trustee chooses to be a member, the special
13trustee shall be placed on the payroll of the district, or the payroll
14of another local education agency or other entity with which the
15district has an exchange agreement pursuant to Section 87422 or
16other applicable provisions of law, for the purpose of providing
17appropriate contributions to the applicable retirement system.
18(f) The special trustee appointed pursuant to this section is
19authorized to do all of the following:
20(1) Implement substantial changes in the fiscal policies and
21practices of the Compton Community College District.
22(2) Revise the academic program of the Compton Community
23College District to reflect realistic income projections in response
24to the dramatic effect of the changes in fiscal policies and practices
25upon program quality.
26(3) Encourage all members of the college community to accept
27a fair share of the burden of the full recovery of the Compton
28Community College District in the five operational areas of finance,
29academics, personnel facilities, and governance.
30(4) Enter into agreements on behalf of the Compton Community
31College District and, subject to any contractual and statutory
32obligation of the Compton Community College District, change
33any existing district rules, regulations, policies, or practices as
34necessary for the effective implementation of the recovery plan.
35Any agreement authorized by this section shall be binding upon
36the district for the term of the agreement, notwithstanding the
37removal of the special trustee for any reason or the reinstatement
38of any powers or responsibilities of the board of trustees. No
39agreement authorized by this paragraph shall materially impair the
40security and other interests of the holders of any bonds issued
P5 1pursuant to Article 9 (commencing with Section 63049.67) of
2Chapter 2 of Division 1 of Title 6.7 of the Government Code.
3(5) Appoint an advisory committee to advise the special trustee
4with respect to the management of the Compton Community
5College District and the establishment and implementation of the
6arrangements for provision of services by a partner district pursuant
7to Article 5 (commencing with Section 74292) of Chapter 5 of
8Part 46. This advisory committee may include residents of the
9communities served by the Compton Community College District,
10and any outside experts deemed appropriate by the special trustee.
11No member of the advisory committee shall receive any
12compensation or benefits for his or her services as a member of
13the advisory committee.
14(g) In the event of a vacancy in the special trustee position, the
15chancellor shall temporarily assume all of the powers and duties
16of the special trustee until another special trustee can be appointed
17pursuant to this section.
begin delete special trusteeend delete shall report to the Legislature
19concerning the priorities identified in each Fiscal Crisis and
20Management Assistance Team report and shall provide a response on how the
begin delete special intends to
resolve the issues identified in the
23Fiscal Crisis and Management Assistance Team report in a timely
begin delete manner, not to exceed 150 days from receipt of the report.end delete In any instance that there is a decline in
begin delete special trusteeend delete shall specifically
29identify strategies for ensuring progress in its response to that
If the Commission on State Mandates determines that
32this act contains costs mandated by the state, reimbursement to
33local agencies and school districts for those costs shall be made
34pursuant to Part 7 (commencing with Section 17500) of Division
354 of Title 2 of the Government Code.