BILL ANALYSIS                                                                                                                                                                                                    

                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          AB 2386 (Williams) - Postsecondary education:  California State  
          University:  trustees
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          |Version: May 31, 2016           |Policy Vote: ED. 7 - 2          |
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          |Urgency: No                     |Mandate: No                     |
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          |Hearing Date: August 1, 2016    |Consultant: Jillian Kissee      |
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          This bill meets the criteria for referral to the Suspense File.


          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.

           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  

          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  

          (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  

          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.

          Comments:  The Governor already has the ability to appoint a  
          permanent non-faculty employee to the Board as required by this  

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