BILL ANALYSIS Ó AB 2780 Page 1 Date of Hearing: April 6, 2016 ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT Roger Hernández, Chair AB 2780 (Holden) - As Introduced February 19, 2016 SUBJECT: Fair Employment and Housing Council: membership: length of terms SUMMARY: Provides adjustments to the term lengths of the seven Fair Employment and Housing Council (Council) members. Specifically, this bill: 1)Provides that for the Council, the terms of four of the members be four years in length and the terms of three of the members be two years in length. The bill provides that after the terms of these initial appointments expire, members would be appointed to serve four-year terms. 2)Requires that the Governor, in the case of a vacancy on the board, to immediately appoint a member to serve the remainder of the term. 3)Provides that these changes would begin with appointments to the Council made on or after January 1, 2017. EXISTING LAW: AB 2780 Page 2 1)Establishes the Department of Fair Employment and Housing (DFEH), who is responsible for enforcing California's civil rights laws. 2)Establishes the Council within the DFEH, which is an independent body, responsible for promulgating regulations that implement California's employment and housing anti-discrimination laws, providing technical assistance to advisory agencies and issuing reports to the Governor and Legislature in order to advance civil rights in California. 3)Provides the Council consists of seven members, appointed by the Governor and confirmed by the Senate, who each serve four year terms, which are not staggered. 4)Provides that the Director of the DFEH shall serve as a nonvoting ex-officio member of the Council. FISCAL EFFECT: Unknown COMMENTS: The purpose of this bill is to stagger the terms of the Council members in order to provide institutional continuity. Continuity is significant for institutional memory and for consistency across long-term institutional commitments. Other boards and commissions, such as the California Transportation Commission, have staggered terms. The author argues, "Given that the DFEH Council is a state agency responsible for enforcing California's civil rights law, it is essential that the council has full functionality. This bill is necessary to provide such continuity to the Council's AB 2780 Page 3 work by recommending that the Department stagger the members' terms since it would allow the member's to maintain institutional knowledge and consistency across long-term projects" Background The mission of the DFEH is to protect Californians from employment, housing and public accommodation discrimination, and hate violence. The DFEH is the largest state civil rights agency in the country. It was established by the Legislature in 1959 as the Division of Fair Employment Practices and was initially part of the Department of Industrial Relations. In 1980, the DFEH was established as an independent department charged with enforcing California's comprehensive employment, housing, public accommodations and public service non-discrimination laws, as well as the State's bias-related hate violence law. The DFEH's statutory mandate is to protect the people of California from employment, housing and public accommodations discrimination and hate violence pursuant to the California Fair Employment and Housing Act (FEHA), Unruh Civil Rights Act, Disabled Persons Act, and Ralph Civil Rights Act. The DFEH has jurisdiction over both private and public entities operating within the State of California, including corporate entities, private sector contracts granted by the State of California, and all State departments and local governments. The DFEH receives and investigates discrimination complaints in its five district offices throughout the California. The AB 2780 Page 4 district offices handle employment, housing, public accommodations, and hate violence cases, along with a special investigations unit which focuses on systemic discrimination cases statewide. In addition, there are three legal offices which prosecute cases. The DFEH routinely provides technical assistance to employers, business establishments and housing providers regarding their responsibilities under the law. Arguments in Support This bill is supported by the Department of Fair Employment and Housing; they state that, "Currently, the seven members' terms are not staggered and will expire simultaneously on January 1, 2017. This bill would stagger subsequent appointee's terms in order to maintain institutional knowledge and consistency across long-term projects." There is no opposition on file. Previous Related Legislation SB 1038 (Cmte on Budget & Fiscal Review) Chapter 46, Statutes of 2012, eliminated the Fair Employment and Housing Commission, an entity separate from the DFEH that both promulgated regulations and adjudicated California Fair Employment and Housing Act (FEHA) claims. The law transferred the regulatory functions of the Commission to the DFEH by creating a rulemaking body called the Fair Employment and Housing Council (Council) within the Department. SB 1038 ended administrative adjudication of FEHA claims and, for the first time, authorized the DFEH to file and prosecute civil actions directly in court. AB 2433 (Hill) Chapter 305, Statutes of 2012, staggered members' terms on the San Francisco Bay Area Water Emergency AB 2780 Page 5 Transportation Authority. AB 1822 (Berryhill) Chapter 317, Statutes of 2012, staggered members' terms on the California Architects Board. REGISTERED SUPPORT / OPPOSITION: Support California Department of Fair Employment and Housing Opposition None on file Analysis Prepared by:Taylor Jackson / L. & E. / (916) 319-2091 AB 2780 Page 6