BILL ANALYSIS                                                                                                                                                                                                    



          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.








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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  








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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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