BILL ANALYSIS Ó
SENATE COMMITTEE ON EDUCATION
Senator Carol Liu, Chair
2015 - 2016 Regular
Bill No: AB 2386
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|Author: |Williams |
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|Version: |May 31, 2016 Hearing |
| |Date: June 22, 2016 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|Olgalilia Ramirez |
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Subject: Postsecondary education: California State University:
trustees
SUMMARY
This bill modifies the membership of the California State
University (CSU) Board of Trustees by requiring that one of the
Governor's sixteen appointments to the Board be a permanent
non-faculty CSU employee.
BACKGROUND
Existing law:
1) Establishes the California State University to be
administered by the Trustees of the California State
University. The composition of the 25 member Board of
Trustees includes:
a) Five (5) ex-officio members: (a) the Governor,
(b) the Lieutenant
Governor, (c) Speaker of the Assembly, (d) the
Superintendent of Public
Instruction, and (e) the Chancellor of the CSU.
b) Sixteen (16) Governor Appointees confirmed by
two-thirds of the Senate,
each serving an eight-year term.
AB 2386 (Williams) Page 2
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c) One (1) alumni association representative, who
cannot be an employee of
the CSU, appointed by the Governor serving a two-year
term.
d) One (1) 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. The faculty member cannot
participate on any subcommittees of the board
responsible for collective bargaining negotiations.
e) Two (2) 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 § 66602)
1) 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)
ANALYSIS
1) This bill modifies the membership of the California State
University (CSU) Board of Trustees by requiring that one of
the Governor's sixteen appointments to the Board be a
permanent non-faculty CSU employee who is not in a
management personnel plan, a confidential classification,
or an excluded classification.
2) Providers for an independent systemwide staff council
consisting of permanent employees who are not management
personnel and who are not in confidential or excluded
classifications formed solely for the purpose of providing
a list of two nominees for the Governor's consideration.
3) Requires the governor to appoint one of the nominees from
the list provided by the independent systemwide staff
AB 2386 (Williams) Page 3
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council, as specified and that the appointive position on
the Board of Trustees thereafter be filled only by
permanent non-faculty employees.
4) Requires the employee organizations of permanent
non-faculty employees of the CSU to fund the systemwide
staff council, as specified.
5) Prohibits the permanent non-faculty employee Trustee from
participating on any subcommittee of the Board of Trustees
responsible for collective bargaining negotiations.
6) Clarifies that the permanent non-faculty employee Trustee
receives compensation for the Board of Trustees service, as
specified and authorized.
STAFF COMMENTS
1) Need for the bill. The author is concerned that every
segment of the University, faculty, administration,
students, and alumni, currently has a voice on the CSU
Board of Trustees, with the exception of classified
employees. This bill would ensure a voice on the governing
board for over 20,000 employees of the CSU system. These
employees include operations and support services, student
and administrative support, healthcare staff, skilled
crafts, public safety personnel, technical and analytical
staff, and academic support staff. This bill requires that
the staff representative to the Board be a permanent
non-faculty employee who is not in a management personnel
plan, a confidential classification, or an excluded
classification, selected by a committee made up of
classified employee representatives.
2) Can't the Governor already make these types of
appointments? The governor can already make appointments
to the Trustees as envisioned in this bill without changing
the structure of the appointments. Inserting an additional
appointee requirement may limit the overall flexibility
provided to the executive of the state of ensuring the
general mission and goals of the CSU are maintained.
Further, it is within the purview of the Senate to either
accept or reject the appointments made. According to the
author, a non-faculty employee never been appointed to the
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California State University (CSU) Board of Trustees.
3) Who are non-faculty employees? As mentioned non-faculty
employees include operations and support services, student
and administrative support, healthcare staff, skilled
crafts, public safety personnel, technical and analytical
staff, and academic support staff. A few examples include
janitors, dorm supervisors, nurses, electricians and campus
police. This bill attempts to provide representation on the
CSU Board specifically for those employees responsible for
operations and support services and thereby excludes
managerial (i.e. Administrators, Vice Presidents, Deans,
Senior Managers) and confidential employees who are
described as having access to confidential or discretionary
information from the provisions of this bill. The
incorporation of a staff representative on the Board of
Trustees would provide a perspective that is not currently
formally reflected in the CSU governance body.
4) Prior legislation. AB 2721 (Pan, 2014) would have expanded
the membership of the CSU Board of Trustees, by requiring
the Governor to appoint to the Board, a permanent
non-faculty employee. This bill modifies an existing
gubernatorial appointment rather than adding an additional
seat. AB 2721 was vetoed by the Governor who's message
read:
"This bill adds an additional member to the California
State University Board of Trustees. Since the Board of
Trustees was established in 1960, there have only been
4 additions to the Board. The last of these was the
addition of the non-voting student member in 1999. I
am not persuaded that increasing the membership of the
Board beyond 25 is necessary."
SB 644 (Burton, Chapter 860, Statutes of 2003) designated
one of the 13 gubernatorial appointments to the California
Community Colleges (CCC) Board of Trustees (BOT) 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.
SB 1515 (Yee, 2012) would have changed the CSU BOT
composition, increasing the number of faculty, students and
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represented staff. This measure was held in the Senate
Appropriations Committee.
AB 2849 (Lowenthal, 2004) would have added one non-faculty
member of CSU. This bill was vetoed by Governor
Schwarzenegger.
AB 307 (Pavley, 2001) would have added one non-faculty
member to the
CSU Trustees. This bill was ultimately amended to a
different subject matter.
SB 1604 (O'Connell, 2000) would have added one non-faculty
member to the CSU Trustees. This bill was held at the
Senate Desk.
SUPPORT
California Faculty Association
CSU Employees Union
Services Employees International Union (SEIU) California
University Professional and Technical Employees
OPPOSITION
California State University
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