BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 2386|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
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THIRD READING
Bill No: AB 2386
Author: Williams (D) and Cristina Garcia (D), et al.
Amended: 5/31/16 in Assembly
Vote: 21
SENATE EDUCATION COMMITTEE: 7-2, 6/22/16
AYES: Liu, Block, Hancock, Leyva, Mendoza, Monning, Pan
NOES: Huff, Vidak
SENATE APPROPRIATIONS COMMITTEE: 5-2, 8/11/16
AYES: Lara, Beall, Hill, McGuire, Mendoza
NOES: Bates, Nielsen
ASSEMBLY FLOOR: 63-12, 6/2/16 - See last page for vote
SUBJECT: Postsecondary education: California State
University: trustees
SOURCE: Author
DIGEST: This bill modifies the membership of the California
State University (CSU) Board of Trustees by requiring that one
of the Governor's 16 appointments to the Board be a permanent
non-faculty CSU employee.
ANALYSIS:
Existing law:
1)Establishes the CSU to be administered by the Trustees of the
CSU. The composition of the 25-member Board of Trustees
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Page 2
includes:
a) Five ex-officio members: (i) the Governor, (ii) the
Lieutenant Governor, (iii) Speaker of the Assembly, (iv)
the Superintendent of Public Instruction, and (v) the
Chancellor of the CSU.
b) 16 Governor Appointees confirmed by two-thirds of the
Senate, each serving an eight-year term.
c) One alumni association representative, who cannot be an
employee of the CSU, appointed by the Governor serving a
two-year term.
d) One 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 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)
2)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)
This bill:
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1)Modifies the membership of the CSU Board of Trustees by
requiring that one of the Governor's 16 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 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.
Comments
1)Need for the bill. The author is concerned that every segment
of the CSU, faculty, administration, students, and alumni,
currently has a voice on the CSU Board of Trustees, with the
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exception of classified employees. This bill ensures 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 of
Trustees 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 Board of
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 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 of
Trustees 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.
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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. The 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 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 Board of Trustees
composition, increasing the number of faculty, students and
represented staff. The bill was held in the Senate
Appropriations Committee.
AB 2849 (Lowenthal, 2004) would have added one non-faculty
member of CSU. The bill was vetoed by Governor Schwarzenegger.
AB 307 (Pavley, 2001) would have added one non-faculty member to
the CSU Trustees. The bill was ultimately amended to a different
subject matter.
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SB 1604 (O'Connell, 2000) would have added one non-faculty
member to the CSU Board of Trustees. The bill was held at the
Senate Desk.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
According to the Senate Appropriations Committee:
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 of Trustees 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 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.
SUPPORT: (Verified8/12/16)
California Faculty Association
CSU Employees Union
Services Employees International Union California
University Professional and Technical Employees
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OPPOSITION: (Verified8/12/16)
California State University
ASSEMBLY FLOOR: 63-12, 6/2/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,
Bigelow, Bloom, Bonilla, Bonta, Brown, Burke, Calderon,
Campos, Chang, Chau, Chiu, Chu, Cooley, Cooper, Dababneh,
Daly, Dodd, Eggman, Frazier, Cristina Garcia, Eduardo Garcia,
Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Roger Hernández,
Holden, Irwin, Jones-Sawyer, Lackey, Levine, Linder, Lopez,
Low, Maienschein, Mayes, McCarty, Medina, Mullin, Nazarian,
O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez,
Salas, Santiago, Mark Stone, Thurmond, Ting, Weber, Williams,
Wood, Rendon
NOES: Brough, Chávez, Beth Gaines, Grove, Harper, Jones,
Mathis, Melendez, Obernolte, Wagner, Waldron, Wilk
NO VOTE RECORDED: Dahle, Gallagher, Hadley, Kim, Steinorth
Prepared by: Jonas Austin / SFA / (916) 651-1520
8/15/16 20:29:59
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