BILL ANALYSIS                                                                                                                                                                                                    Ó




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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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            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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