BILL ANALYSIS Ó SENATE COMMITTEE ON EDUCATION Senator Carol Liu, Chair 2015 - 2016 Regular Bill No: AB 2386 ----------------------------------------------------------------- |Author: |Williams | |-----------+-----------------------------------------------------| |Version: |May 31, 2016 Hearing | | |Date: June 22, 2016 | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |No |Fiscal: |Yes | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant:|Olgalilia Ramirez | | | | ----------------------------------------------------------------- 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 of ? 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 of ? 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 AB 2386 (Williams) Page 4 of ? 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 AB 2386 (Williams) Page 5 of ? 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 -- END --