BILL ANALYSIS Ó
AB 2386
Page 1
GOVERNOR'S VETO
AB
2386 (Williams and Cristina Garcia)
As Enrolled August 26, 2016
2/3 vote
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Higher |12-1 |Medina, Baker, Bloom, |Chávez |
|Education | |Irwin, Jones-Sawyer, | |
| | |Levine, Linder, Low, | |
| | |Olsen, Santiago, | |
| | |Weber, Williams | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Appropriations |16-1 |Gonzalez, Bigelow, |Obernolte |
| | |Bloom, Bonilla, | |
| | |Bonta, Calderon, | |
| | |Chang, Daly, Eggman, | |
| | |Eduardo Garcia, | |
| | | | |
| | | | |
| | |Roger Hernández, | |
| | |Holden, Quirk, | |
| | |Santiago, Weber, Wood | |
| | | | |
| | | | |
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AB 2386
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|ASSEMBLY: |63-12 |(June 2, 2016) |SENATE: |22-14 |(August 19, |
| | | | | |2016) |
| | | | | | |
| | | | | | |
| | | | | | |
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SUMMARY: Revises the membership of the California State
University (CSU) Trustees by requiring the Governor to appoint a
permanent nonfaculty CSU employee for a two-year term.
Specifically, this bill:
1)Specifies that one of the 16 appointive members of the Board
of Trustees (BOT), as specified, shall be a permanent
nonfaculty employee, who is not in a management personnel
plan, or confidential classification, or an excluded
classification.
2)Specifies that an independent systemwide staff council, that
is formed solely for the purpose of suggesting eligible
potential appointees to the Governor, shall consist of
permanent employees who are not management personnel and who
are not in confidential or excluded classifications; and, the
Governor shall appoint one of these nominees to fill a vacancy
in an appointive position on the BOT.
3)Specifies that the appointive position on the BOT shall
thereafter be filled only by permanent nonfaculty employees
appointed, as specified.
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4)Requires the employee organizations of permanent nonfaculty
employees of the CSU to fund the systemwide staff council, as
specified.
5)Prohibits the permanent nonfaculty employee Trustee from
participating on any subcommittee of the BOT responsible for
collective bargaining negotiations.
6)Specifies that the permanent nonfaculty employee Trustee shall
receive compensation for BOT service, as specified and
authorized.
7)Clarifies that the two-year term of office of the faculty
member of the board shall commence on July 1, and, if the
Governor has not appointed a successor, as specified, the
faculty member may remain in office after the term expires for
one additional year, or until a successor is appointed by the
Governor, whichever occurs first.
EXISTING LAW:
1)Establishes the CSU to be administered by the BOT, which
consists of:
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) Sixteen Governor Appointees confirmed by two-thirds of
the Senate, each serving an eight-year term;
c) One alumni association representative, who cannot be an
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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; and,
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 (EC) Section 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).
FISCAL EFFECT: According to the Assembly Appropriations
Committee, as it does for the faculty BOT representative, CSU
would buy out the represented staff member's time while in
service on the BOT. Those costs would depend on the type of
employee appointed to the board. Represented staff annual
salaries range from $33,000 (groundskeeper) to $220,000
(physician), though relatively few staff are at the high end of
this range
COMMENTS: Role of the CSU Trustees. The BOT is responsible for
the oversight of the CSU. The Trustees adopt rules,
regulations, and policies governing the CSU. The Trustees have
authority over curricular development, use of property,
development of facilities, and fiscal and human resources
management.
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The 25-member BOT meets six times per year. Board meetings
allow for communication among the Trustees, Chancellor, campus
presidents, executive committee members of the statewide
Academic Senate, representatives of the California State Student
Association, and officers of the statewide Alumni Council.
Purpose of this measure. According to the author, the CSU BOT
governs all 23 campuses of the CSU and is represented by alumni,
faculty, students, administration, ex officio members, and
Governor appointees. The author contends that classified
employees are the only unrepresented entity on the Board. The
author states that, "This bill is necessary as there has never
been an appointment of a classified employee in the Boards 34
year existence. An appointment would give voice to the 20,000
classified staff members employed by the CSU."
Prior legislation. AB 2721 (Pan) of 2014, which was vetoed by
the Governor, was similar in nature to this measure.
SB 644 (Burton), Chapter 860, Statutes of 2003, designated one
of the 13 gubernatorial appointments to the California Community
Colleges 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
California Community Colleges.
GOVERNOR'S VETO MESSAGE:
This bill would require one of my appointments to the
California State University (CSU) Board of Trustees to
be a permanent non-faculty employee of the CSU,
preselected by a newly created systemwide staff
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council.
While the knowledge and perspective of rank-and-file
employees should be sought out and considered within
the decision-making authority of the board, I am not
convinced that constraining the Gubernatorial
appointments process is necessary when other
alternatives could achieve the same result.
I would advise both the Trustees and the Chancellor to
find ways to utilize the expertise of non-faculty
employees in considering the many issues that come
before the board.
Analysis Prepared by:
Jeanice Warden / HIGHER ED. / (916) 319-3960
FN: 0005061