Amended in Assembly March 15, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2386


Introduced by Assembly Membersbegin delete Cristina Garcia and Williamsend deletebegin insert Williams and Cristina end insertbegin insertGarciaend insert

February 18, 2016


An actbegin insert to amend Section 66602 of the Education Code,end insert relating to postsecondary education.

LEGISLATIVE COUNSEL’S DIGEST

AB 2386, as amended, begin deleteCristina Garciaend delete begin insertWilliamsend insert. Postsecondarybegin delete education.end deletebegin insert education: California State University: trustees.end insert

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Existing law establishes the various campuses of the California State University under the administration of the Trustees of the California State University. Existing law provides for the membership of the Trustees of the California State University to include 5 specified ex officio members, 16 members appointed by the Governor and subject to confirmation by the Senate, one representative of the alumni associations, 2 student members appointed by the Governor, and a faculty member appointed by the Governor.

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This bill would revise the membership of the board of trustees by requiring the Governor also to appoint a permanent nonfaculty employee of the university for a 2-year term, as specified. The bill would require a systemwide staff council, as specified, to provide to the Governor a list of 2 nominees for the Governor’s consideration, and would require the Governor to appoint one of the nominees. The bill would provide that the permanent nonfaculty employee member of the board shall receive for board service only actual and necessary travel expenses and $100 for each day he or she is attending to official business of the trustees.

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Existing law sets forth the missions and functions of the 4 segments that comprise the state’s postsecondary education system. These segments are the University of California, administered by the Regents of the University of California, the California State University, administered by the Trustees of the California State University, the California Community Colleges, administered by the Board of Governors of the California Community Colleges, and independent institutions of higher education.

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This bill would express the intent of the Legislature to enact legislation relating to postsecondary education in this state.

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Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

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

P2    1begin insert

begin insertSECTION end insertbegin insert1.end insert  

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begin insertSection 66602 of the end insertbegin insertEducation Codeend insertbegin insert is amended
2to read:end insert

3

66602.  

(a) The board shall be composed of the following five
4ex officio members: the Governor, the Lieutenant Governor, the
5Superintendent of Public Instruction, the Speaker of the Assembly,
6and the person named by the trustees to serve as the Chancellor
7of the California State University; a representative of the alumni
8associations of the state university, selected for a two-year term
9by the alumni council, California State University, which
10representative shall not be an employee of the California State
11University during the two-year term; and 16begin delete appointiveend delete members
12appointed by the Governor and subject to confirmation by
13two-thirds of the membership of the Senate.

14(b) (1) Two students from the California State University, who
15shall have at least sophomore year standing at the institutions they
16attend, and who remain in good standing as students during their
17respective terms, shall also be appointed by the Governor to serve
18on the board for two-year terms.

19(2) In the selection of students as members of the board, the
20Governor shall appoint the students from lists of names of at least
21two, but not more than five, persons furnished by the governing
22board of any statewide student organization that represents the
23students of the California State University and the student body
P3    1organizations of the campuses of the California State University.
2Any appointment to fill a vacancy of a student member shall be
3effective only for the remainder of the term of the student member’s
4office that became vacated.

5(3) The term of office of one student member of the board shall
6commence on July 1 of an even-numbered year and expire on June
730 two years thereafter. The term of office of the other student
8member of the board shall commence on July 1 of an
9odd-numbered year and expire on June 30 two years thereafter.
10Notwithstanding paragraph (1), a student member who graduates
11from his or her college or university on or after January 1 of the
12second year of his or her term of office may serve the remainder
13of the term.

14(4) (A) During the first year of a student member’s term, a
15student member shall be a member of the board and may attend
16all meetings of the board and its committees. At these meetings,
17a student member may fully participate in discussion and debate,
18but may not vote. During the second year of a student member’s
19term, a student member may exercise the same right to attend
20meetings of the board, and its committees, and shall have the same
21right to vote as the members appointed pursuant to subdivision
22(a).

23(B) Notwithstanding subparagraph (A), during the first year of
24a student member’s term, the student member may vote at a board
25meeting if the other student member is absent from that meeting
26due to illness, a family emergency, or a medical emergency.

27(5) Notwithstanding paragraph (4), if a student member resigns
28from office or a vacancy is otherwise created in that office during
29the second year of a student member’s term, the remaining student
30member shall immediately assume the office created by the vacancy
31and all of the participation privileges of the second-year student
32member, including the right to vote, for the remainder of that term
33of office.

34(6) A student member shall have his or her tuition fee waived
35for the duration of his or her term of office.

36(c) (1) A faculty member from the California State University,
37who shall be tenured at the California State University campus at
38which he or she teaches, shall also be appointed by the Governor
39to serve on the board for a two-year term. In the selection of a
40faculty member as a member of the board, the Governor shall
P4    1appoint the faculty member from a list of names of at least two
2persons furnished by the Academic Senate of the California State
3University.

4(2) The faculty member of the board appointed by the Governor
5pursuant to this subdivision shall not participate on any
6subcommittee of the board responsible for collective bargaining
7negotiations.

8(3) Thebegin delete two-yearend delete term of office of the faculty member of the
9board shall commence on July 1,begin delete and, if the Governor has not
10appointed a successor under paragraph (1), the faculty member
11may remain in office after the term expires for one additional year,
12or until a successor is appointed by the Governor, whichever occurs
13first.end delete
begin insert and shall expire on June 30 two years thereafter.end insert

begin insert

14(d) (1) (A) A permanent nonfaculty employee, who is not in a
15management personnel plan, a confidential classification, or an
16excluded classification, also shall be appointed by the Governor
17to serve on the board for a two-year term. An independent
18systemwide staff council formed for this purpose shall provide a
19list of two nominees for the Governor’s consideration, and the
20Governor shall appoint one of these nominees.

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21(B) The employee organizations of permanent nonfaculty
22employees of the California State University shall fund the council
23to be established pursuant to this paragraph.

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24(2) The permanent nonfaculty employee member of the board
25appointed pursuant to this subdivision shall not participate on any
26subcommittee of the board responsible for collective bargaining
27negotiations.

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28(3) The term of office of the permanent nonfaculty employee
29member of the board appointed pursuant to this subdivision shall
30commence on July 1 and shall expire on June 30 two years
31thereafter.

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32(4) The permanent nonfaculty employee member of the board
33shall receive compensation for board service only as authorized
34pursuant to Section 66604.5.

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35

SECTION 1.  

It is the intent of the Legislature to enact
36legislation relating to postsecondary education in this state.

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