BILL ANALYSIS                                                                                                                                                                                                    

                                                                    AB 2386

                                                                    Page  1

          Date of Hearing:  April 19, 2016


                                 Jose Medina, Chair

          AB 2386  
          (Williams) - As Amended March 15, 2016

          SUBJECT:  Postsecondary education:  California State University:  

          SUMMARY:  Revises the membership of the California State  
          University (CSU) Trustees by requiring the Governor to appoint a  
          permanent nonfaculty CSU employee for a 2-year term.   
          Specifically, this bill:  

          1)Requires that a permanent nonfaculty employee, who is not in a  
            management personnel plan, a confidential classification, or  
            an excluded classification, also shall be appointed by the  
            Governor to serve on the Board of Trustees for a two-year  

          2)Specifies that an independent systemwide staff council shall  
            be formed in order to provide a list of two nominees for the  
            Governor's consideration; and, the Governor shall appoint one  
            of these nominees.

          3)Requires the employee organizations of permanent nonfaculty  
            employees of the CSU to fund the council, as specified.


                                                                    AB 2386

                                                                    Page  2

          4)Prohibits the permanent nonfaculty employee Trustee from  
            participating on any subcommittee of the Board of Trustees  
            responsible for collective bargaining negotiations.

          5)Specifies that the term of office of the permanent nonfaculty  
            employee Trustee shall commence on July 1 and shall expire on  
            June 30, two year thereafter.

          6)Specifies that the permanent nonfaculty employee Trustee shall  
            receive compensation for Board service, as authorized. 

          EXISTING LAW:  

          1)Establishes the CSU to be administered by the BOT, which  
            consists of:

             a)   Five ex-officio members:  (i) the Governor, (ii) the  
               Lieutenant Governor, (iii) Speaker of the Assembly, (iv)  
               the Superintendent of Public Instruction, and (v) the  
               Chancellor of the CSU;

             b)   Sixteen Governor Appointees confirmed by two-thirds of  
               the Senate, each serving an eight-year term;

             c)   One alumni association representative, who cannot be an  
               employee of the CSU, appointed by the Governor serving a  
               two-year term;

             d)   One tenured CSU faculty representative appointed by the  
               Governor, for a two-year term, from a list of names of at  
               least two persons furnished by the CSU Academic Senate.   


                                                                    AB 2386

                                                                    Page  3

               The faculty member cannot participate on any subcommittees  
               of the board responsible for collective bargaining  
               negotiations; and,

             e)   Two CSU students appointed by the Governor for staggered  
               two-year terms from a list of nominees furnished by the  
               governing board of any statewide student organization that  
               represents CSU students and the student body organizations  
               of the CSU campuses.  Only one student is eligible to vote  
               at any time (Education Code (EC) Section 66602). 

          2)Authorizes each appointive Trustee to receive actual and  
            necessary travel expenses and $100 for each day he or she is  
            attending to official business (EC 66604.5).  

          FISCAL EFFECT:  Unknown

          COMMENTS:  Role of the CSU Trustees.  The Board of Trustees is  
          responsible for the oversight of the CSU.   The Trustees adopt  
          rules, regulations, and policies governing the CSU. The Trustees  
          have authority over curricular development, use of property,  
          development of facilities, and fiscal and human resources  

          The 25-member Board of Trustees meets six times per year.  Board  
          meetings allow for communication among the Trustees, Chancellor,  
          campus presidents, executive committee members of the statewide  
          Academic Senate, representatives of the California State Student  
          Association, and officers of the statewide Alumni Council.


                                                                    AB 2386

                                                                    Page  4

          Purpose of this measure.  According to the author, the CSU Board  
          of Trustees governs all 23 campuses of the CSU and is  
          represented by alumni, faculty, students, administration, ex  
          officio members, and Governor appointees.  The author contends  
          that classified employees are the only unrepresented entity on  
          the Board.  The author states that, "This bill is necessary as  
          there has never been an appointment of a classified employee in  
          the Boards 34 year existence.  An appointment would give voice  
          to the 20,000 classified staff members employed by the CSU."

          Policy considerations.  This measure calls for the creation of  
          an independent system wide staff council for the purposes of the  
          council providing a list of eligible nominees for the Governor's  
          consideration for an appointment as a Trustee.  The measure is  
          silent as to who makes up the council.

          Moving forward, the author may wish to specify who comprises the  
          council.  Perhaps the council may be comprised of the exclusive  
          representation of classified staff of the CSU.

          Additionally, this measure calls for a permanent nonfaculty CSU  
          employee to be appointed to the Board of Trustees.  Committee  
          staff understands that the author's intent is not to increase  
          the current size of the Board, but rather revise the current  
          makeup, in order to ensure at least one of the Governor's  
          appointees is a nonfaculty CSU employee.

          Moving forward, the author may wish to clarify that the  
          permanent nonfaculty CSU employee to be appointed by the  
          Governor, is to come from one of the Governor's existing 16  

          Finally, this measure specifies that the term of office of the  
          permanent nonfaculty employee member of the Board of Trustees  


                                                                    AB 2386

                                                                    Page  5

          appointed, shall commence on July 1 and expire on June 30, two  
          years thereafter.   However, the bill is silent as to what  
          happens when the nonfaculty term expires and there is no new  
          appointee slatted to resume the role; this could lead to having  
          a nonfaculty Trustee vacancy for an unforeseen period of time.

          Moving forward, the author may wish to consider whether or not  
          it is appropriate to authorize the expiring nonfaculty Trustee's  
          role to be extended in cases where his or her successor, has yet  
          to be appointed.

          Prior legislation.  AB 2721 (Pan) of 2014, which was vetoed by  
          the Governor, was similar in nature to this measure.

          SB 644 (Burton), Chapter 860, Statutes of 2003, designated one  
          of the 13 gubernatorial appointments to the California Community  
          Colleges Board of Trustees as a classified employee, with the  
          appointment made from a list of at least three persons furnished  
          by the exclusive representatives of classified employees of the  



          California State University Employees Union

          Service Employees International Union


                                                                    AB 2386

                                                                    Page  6


          None on file.

          Analysis Prepared by:Jeanice Warden / HIGHER ED. / (916)