BILL ANALYSIS Ó AB 2163 Page 1 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 Page 2 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 AB 2163 Page 3 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 AB 2163 Page 4 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. AB 2163 Page 5 Analysis Prepared by: Laura Metune / HIGHER ED. / (916) 319-3960 FN: 0003121