BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
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.
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
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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
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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
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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.
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