BILL ANALYSIS                                                                                                                                                                                                    Ó

                                                                    AB 2386

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          2386 (Williams and Cristina Garcia)

          As Enrolled  August 26, 2016

          2/3 vote

          |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 |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |


                                                                    AB 2386

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          |ASSEMBLY:  |63-12 |(June 2, 2016) |SENATE: |22-14 |(August 19,      |
          |           |      |               |        |      |2016)            |
          |           |      |               |        |      |                 |
          |           |      |               |        |      |                 |
          |           |      |               |        |      |                 |

          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  

          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  

          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  

          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  


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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.   


               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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               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