BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2163


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          ASSEMBLY THIRD READING


          AB  
          2163 (Low)


          As Introduced  February 17, 2016


          Majority vote


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Higher          |7-5  |Medina, Bloom, Irwin, |Baker, Levine,      |
          |Education       |     |                      |Linder, Olsen,      |
          |                |     |                      |Williams            |
          |                |     |Jones-Sawyer, Low,    |                    |
          |                |     |Santiago, Weber       |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Appropriations  |13-6 |Gonzalez, Bloom,      |Bigelow, Chang,     |
          |                |     |Bonilla, Bonta,       |Gallagher, Jones,   |
          |                |     |Calderon, Eggman,     |Obernolte, Wagner   |
          |                |     |Eduardo Garcia,       |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |Roger Hernández,      |                    |
          |                |     |Holden, Quirk,        |                    |
          |                |     |Santiago, Weber, Wood |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
           ------------------------------------------------------------------ 









                                                                    AB 2163


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          SUMMARY:  Would prohibit the California State University (CSU)  
          Board of Trustees (Trustees) from appointing a campus president  
          unless that person has participated in at least one public forum  
          on that campus after being formally and publicly designated by  
          the Trustees as a finalist for appointment as president of that  
          campus.  



          EXISTING LAW:  Provides that the CSU Trustees are responsible  
          for the government of their appointees and employees, including  
          appointment, terms, duties, pay and overtime, travel expenses  
          and allowances, housing and lodging rates, benefits, among other  
          items.    



          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee, CSU reports the Trustees meet with presidential  
          finalists the day prior to a regularly scheduled board meeting  
          to select the president.  Under this bill, this selection  
          meeting would have to occur earlier, so that the finalist could  
          subsequently attend the campus forum, after which the finalist  
          would presumably be approved at the regularly-scheduled board  
          meeting.  An extra board meeting would cost about $30,000.  In  
          addition, conducting a public forum would involve travel for the  
          finalist, the non-campus members of the search committee, and  
          support staff, and live-streaming of the publicly-noticed event,  
          would be about $20,000.  Based on a recent average of three to  
          four presidential appointments annually, total costs would be  
          $150,000 to $200,000 annually.  These costs would be less to the  
          extent a finalist for more than one campus would be determined  
          simultaneously.



          COMMENTS:  Background.  The Policy for the Selection of  








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          Presidents was adopted by the Trustees in September of 2011 and  
          provides that the Trustees, in partnership with the CSU  
          Chancellor, are responsible for the recruitment, selection and  
          appointment of CSU campus presidents.  The policy indicates that  
          "there is a deep commitment throughout the process to the  
          principles of consultation with campus and community  
          representatives and diversity." 


          Purpose of this bill.  According to the author, "currently, the  
          selection process is confidential until the candidate for the  
          position has already been announced, leaving no opportunity for  
          a public forum.  While the CSU has a policy in place for  
          president and chancellor searches, it is neither transparent nor  
          inclusive of the campus community.  In the past several years,  
          CSU Channel Islands, Chico, Sacramento, San Jose, Sonoma,  
          Stanislaus and Humboldt have all conducted a president search.   
          According to their campus websites, they held public forums at  
          the beginning of the search to establish the search committee  
          and solicit feedback, but never held public forums with the  
          finalists.  The CSU is the largest public university system in  
          the country, and there is an urgent need for a more open and  
          transparent selection process.  An open selection process will  
          allow for the involvement and participation of the CSU  
          community, which includes students, parents, faculty and staff."  



          Arguments in opposition.  According to CSU, the current Trustees  
          process aims to uphold the role of the campus community and  
          final authority of the Trustees in selecting a president.  The  
          policy also respects the professional needs of candidates to  
          ensure the broadest and most exemplary leaders would be  
          comfortable in being part of the search process.  According to  
          CSU, the existing policy ensures that all campus stakeholders  
          have a role in review and selection of candidates.  According to  
          CSU, "beyond the campus itself, the two biggest criteria that  
          come into play when developing a final pool of candidates is the  
          ability to go through the process confidentially and executive  








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          compensation."  By eliminating the confidentiality that  
          candidates are currently afforded during the process, CSU  
          believes this bill would negatively impact the applicant pool  
          and that CSU would miss the opportunity to attract the best  
          candidates.      


          Prior CSU policy.  Under the CSU policy prior to 2011, the  
          Chancellor, working with the Advisory Committee to the Committee  
          for the Selection of the President (ACTCSP) and the chair of the  
          Trustee Committee for Selection of the President (TCSP), was  
          required to determine nature of campus visits by the final slate  
          of candidates.  The purpose of the campus visit was to encourage  
          candidates to remain interested in pursuing the presidency by  
          engaging in ideas with campus constituents groups and through  
          promotion of the campus and the community.  While the campus  
          visits were not designed to be used for formal evaluation of  
          candidates, every effort was supposed to be made to shape the  
          visit so that it generated a foundation for the new president's  
          success on campus.  The slate of final candidates who visit the  
          campus was required to be announced in advance of their visits.


          According to communication from the CSU Trustees to the CSU  
          campus community, the 2011 changes to the policy "protects  
          internal candidates, while also increasing the available pool of  
          external candidates, by making the public campus visits  
          optional.  Too often we have seen candidates, particularly  
          current presidents of other universities, withdraw from  
          consideration because of the high profile nature of campus  
          visits.  It is important to understand that we are not  
          recommending the elimination of campus visits.  The presidential  
          selection committee may choose to conduct campus visits publicly  
          or in a modified manner, whichever is in the best interest of  
          the campus."  Committee staff understands that since the policy  
          change in 2011 campus visits have been rarely conducted.  











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          Analysis Prepared by:                                             
                          Laura Metune / HIGHER ED. / (916) 319-3960  FN:  
          0003121