BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session AB 2386 (Williams) - Postsecondary education: California State University: trustees ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: May 31, 2016 |Policy Vote: ED. 7 - 2 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: No | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: August 1, 2016 |Consultant: Jillian Kissee | | | | ----------------------------------------------------------------- This bill meets the criteria for referral to the Suspense File. Bill Summary: This bill modifies the membership of the California State University (CSU) Board of Trustees (Board) by requiring that one of the Governor's 16 appointments to the Board be a permanent non-faculty CSU employee. Fiscal Impact: According to the CSU, consistent with the existing faculty Trustee, the CSU would buy out the represented staff member's time while in service on the Board as the member would be fully released from his or her existing duties. The CSU would support the costs of the temporary employee used to carry out AB 2386 (Williams) Page 1 of ? the duties of Board member. These costs would depend upon the type of employee appointed to the Board as salaries range significantly. Represented staff annual salaries range from $33,000 (groundskeeper) to $220,000 (physician). This appointment would have an eight year term. (General Fund) No costs to form the system-wide staff council to provide a list of two nominees for the Governor's consideration in making an appointment of a permanent non-faculty CSU employee to the Board. This bill requires the employee organizations of the permanent non-faculty employees of the CSU to fund the council. Background: Existing law establishes the Board to administer the CSU. The Board is comprised of 25 Trustees including: Five ex-officio members: the Governor, the Lieutenant Governor, the Speaker of the Assembly, the Superintendent of Public Instruction, and the Chancellor of the CSU. 16 Governor Appointees confirmed by two-thirds of the Senate, each serving an eight year term. One alumni association representative appointed by the Governor serving a two year term. One tenured CSU faculty representative appointed by the Governor for a two year term from a list of names furnished by the CSU Academic Senate. 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. (Education Code § 66602) AB 2386 (Williams) Page 2 of ? According to the author's office, this bill addresses the lack of representation of 20,000 CSU employees by assigning a vacant seat on the Board to a CSU classified employee. CSU classified staff include, but are not limited to, employees in the following areas: operations and support services, clerical and administrative support services, healthcare support staff, skilled crafts, public safety, technical and support staff, and academic support. This bill attempts to provide representation on the CSU Board specifically for those employees responsible for operations and support services (i.e. janitors, grounds and food service workers) 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. Proposed Law: This bill requires that one of the Governor's 16 appointments to the Board be a permanent non-faculty employee who is not in a management personal plan, a confidential classification, or an excluded classification. An independent system-wide staff council is required to provide a list of two nominees for the Governor's consideration, and the Governor is required to appoint one of these nominees to fill a vacancy in an appointive position on the Board. This bill requires the employee organizations of permanent non-faculty employees to fund the system-wide staff council. This bill prohibits the permanent non-faculty employee member of the Board from participating on any subcommittee of the Board responsible for collective bargaining negotiations. Finally, the permanent non-faculty employee member of the Board is required to receive compensation for Board service commensurate to each appointive Trustee for actual and necessary travel expenses and $100 for each day he or she is attending to official business. AB 2386 (Williams) Page 3 of ? Prior Legislation: AB 2721 (Pan, 2014), similar to this bill, would have also expanded membership of the Board to include a permanent non-faculty employee. This bill (AB 2386) requires that an existing gubernatorial appointment be a permanent non-faculty employee instead of creating an additional seat. AB 2721 was vetoed by the Governor whose veto message says, in part, "I am not persuaded that increasing the membership of the Board beyond 25 is necessary." AB 2849 (Lowenthal, 2004) was also similar to this bill and was vetoed by Governor Schwarzenegger. SB 644 (Burton, Chapter 860, Statutes of 2003) designated one of the 13 gubernatorial appointments to the California Community Colleges Board of Governors as a classified employee. Staff Comments: The Governor already has the ability to appoint a permanent non-faculty employee to the Board as required by this bill. -- END --