BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 2386| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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 AB 2386 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: AB 2386 Page 3 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 AB 2386 Page 4 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. AB 2386 Page 5 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. AB 2386 Page 6 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 AB 2386 Page 7 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 **** END ****