Amended in Assembly May 31, 2016

Amended in Assembly March 15, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2386


Introduced by Assembly Members Williams and Cristina Garcia

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(Coauthor: Senator Pan)

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February 18, 2016


An act to amend Section 66602 of the Education Code, relating to postsecondary education.

LEGISLATIVE COUNSEL’S DIGEST

AB 2386, as amended, Williams. Postsecondary education: California State University: trustees.

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.

This bill wouldbegin delete revise the membership of the board of trustees by requiringend deletebegin insert requireend insert the Governorbegin delete alsoend delete to appoint a permanent nonfaculty employee of the universitybegin delete for a 2-year term,end deletebegin insert as one of the 16 appointive members of the board,end insert 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 thebegin delete nominees.end deletebegin insert nominees to fill a vacancy in an appointive position on the board. The bill would require that this appointive position on the board thereafter be filled only by permanent nonfaculty employees appointed in accordance with this bill.end insert 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.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

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SECTION 1.  

Section 66602 of the Education Code is amended
2to read:

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 16 members appointed
12by the Governor and subject to confirmation by two-thirds of the
13membership 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
24organizations of the campuses of the California State University.
25Any appointment to fill a vacancy of a student member shall be
26effective only for the remainder of the term of the student member’s
27office that became vacated.

P3    1(3) The term of office of one student member of the board shall
2commence on July 1 of an even-numbered year and expire on June
330 two years thereafter. The term of office of the other student
4member of the board shall commence on July 1 of an
5odd-numbered year and expire on June 30 two years thereafter.
6Notwithstanding paragraph (1), a student member who graduates
7from his or her college or university on or after January 1 of the
8second year of his or her term of office may serve the remainder
9of the term.

10(4) (A) During the first year of a student member’s term, a
11student member shall be a member of the board and may attend
12all meetings of the board and its committees. At these meetings,
13a student member may fully participate in discussion and debate,
14but may not vote. During the second year of a student member’s
15term, a student member may exercise the same right to attend
16meetings of the board, and its committees, and shall have the same
17right to vote as the members appointed pursuant to subdivision
18(a).

19(B) Notwithstanding subparagraph (A), during the first year of
20a student member’s term, the student member may vote at a board
21meeting if the other student member is absent from that meeting
22due to illness, a family emergency, or a medical emergency.

23(5) Notwithstanding paragraph (4), if a student member resigns
24from office or a vacancy is otherwise created in that office during
25the second year of a student member’s term, the remaining student
26member shall immediately assume the office created by the vacancy
27and all of the participation privileges of the second-year student
28member, including the right to vote, for the remainder of that term
29of office.

30(6) A student member shall have his or her tuition fee waived
31for the duration of his or her term of office.

32(c) (1) A faculty member from the California State University,
33who shall be tenured at the California State University campus at
34which he or she teaches, shall also be appointed by the Governor
35to serve on the board for a two-year term. In the selection of a
36faculty member as a member of the board, the Governor shall
37appoint the faculty member from a list of names of at least two
38persons furnished by the Academic Senate of the California State
39University.

P4    1(2) The faculty member of the board appointed by the Governor
2pursuant to this subdivision shall not participate on any
3subcommittee of the board responsible for collective bargaining
4negotiations.

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5(3) The term of office of the faculty member of the board shall
6commence on July 1, and shall expire on June 30 two years
7thereafter.

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8
(3) The two-year term of office of the faculty member of the
9board shall commence on July 1, 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
13occurs first.

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14(d) (1) (A) begin deleteA end deletebegin insertOne of the 16 appointive members of the board
15referenced in subdivision (a) shall be a end insert
permanent nonfaculty
16employee, who is not in a management personnel plan, a
17confidential classification, or an excludedbegin delete classification, also shall
18be appointed by the Governor to serve on the board for a two-year
19term.end delete
begin insert classification.end insert An independent systemwide staffbegin delete council
20formed for this purposeend delete
begin insert council, that is formed solely for this
21purpose and consists of permanent employees who are not
22management personnel and who are not in confidential or excluded
23classifications,end insert
shall provide a list of two nominees for the
24Governor’s consideration, and the Governor shall appoint one of
25thesebegin delete nominees.end deletebegin insert nominees to fill a vacancy in an appointive
26position on the board. This appointive position on the board shall
27thereafter be filled only by permanent nonfaculty employees
28appointed in accordance with this subdivision.end insert

29(B) The employee organizations of permanent nonfaculty
30employees of the California State University shall fund the
31begin insert systemwide staffend insert council to be established pursuant to this
32paragraph.

33(2) The permanent nonfaculty employee member of the board
34appointed pursuant to this subdivision shall not participate on any
35subcommittee of the board responsible for collective bargaining
36negotiations.

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37(3) The term of office of the permanent nonfaculty employee
38member of the board appointed pursuant to this subdivision shall
39commence on July 1 and shall expire on June 30 two years
40thereafter.

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P5    1(4)

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2begin insert(3)end insert The permanent nonfaculty employee member of the board
3begin insert appointed pursuant to this subdivisionend insertshall receive compensation
4for board service only as authorized pursuant to Section 66604.5.



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