BILL ANALYSIS Ó
AB 2386
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Date of Hearing: April 19, 2016
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Jose Medina, Chair
AB 2386
(Williams) - As Amended March 15, 2016
SUBJECT: Postsecondary education: California State University:
trustees.
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
term.
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.
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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.
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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
management.
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.
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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
appointees.
Finally, this measure specifies that the term of office of the
permanent nonfaculty employee member of the Board of Trustees
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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
CCC.
REGISTERED SUPPORT / OPPOSITION:
Support
California State University Employees Union
Service Employees International Union
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Opposition
None on file.
Analysis Prepared by:Jeanice Warden / HIGHER ED. / (916)
319-3960