BILL NUMBER: SB 190 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 14, 2007
INTRODUCED BY Senator Yee
(Principal coauthors: Senators Maldonado and Romero)
( Coauthor: Senator Ashburn
)
( Coauthors: Assembly Members
DeVore, Jeffries, Maze, and
Mendoza )
FEBRUARY 7, 2007
An act to amend Sections 92020 and 92032 of, and to add Sections
66602.5 and 66602.7 to, the Education Code, relating to public
postsecondary education.
LEGISLATIVE COUNSEL'S DIGEST
SB 190, as amended, Yee. Public postsecondary education:
California State University: University of California:
discussion of executive compensation. open meetings.
(1) Existing law establishes the Trustees of the California State
University, and provides for the administration of the university by
that body. Under existing law, the membership of the trustees
includes 16 members appointed by the Governor and 5 ex officio
members, who are the Governor, the Lieutenant Governor, the
Superintendent of Public Instruction, the Speaker of the Assembly,
and the person named by the trustees to serve as the Chancellor of
the California State University.
Existing law, the Bagley-Keene Act, generally requires, with
specified exceptions for authorized closed sessions, that the
meetings of state bodies be open and public and that all persons be
permitted to attend. The Bagley-Keene Act also generally requires
that the agenda for meetings provide an opportunity for members of
the public to directly address the body of any item of interest to
the public that is within the subject matter jurisdiction of the
body. Each member of a state body who attends a meeting of that body
in violation of any provision of the Bagley-Keene Act, and where the
member intends to deprive the public of information to which the
member knows or has reason to know the public is entitled under the
act, is guilty of a misdemeanor.
This bill would require make all
meetings of the trustees to be subject to the
Bagley-Keene Act, except as provided in the bill. By extending the
provisions of the Bagley-Keene Act to cover the meetings of the
trustees, the bill would constitute a state-mandated local program by
creating a new crime.
The bill would generally authorize the trustees, as
defined , to mean the board of trustees
and its standing and special committees or subcommittees and advisory
groups , study groups, or task forces created by specified
entities that include one or more trustees, other than ex
officio members of the trustees, as members and that have continuing
subject matter jurisdiction in the areas of compensation,
benefits, pensions, or working conditions, or that have a
regular meeting schedule, other than groups of 3 or fewer trustees
appointed to advise and assist the university administration in
contract negotiations and advisory groups whose purpose is to
recruit executives for the university , to conduct closed
sessions when they meet to consider or discuss specified matters,
including matters concerning the appointment, employment,
performance, compensation, or dismissal of certain university
officers or employees.
The bill would also require discussion of, and
action taken on , an executive
compensation proposal concerning the Chancellor of the California
State University, the president of an individual campus, specified
vice chancellors, the treasurer, the assistant treasurer, the general
counsel, or the trustees' secretary to occur in an
open session of the appropriate committee of the
trustees, and would require any final discussion or action on that
proposal to take place in an open session of the full board of
trustees .
(2) Existing law establishes the Regents of the University of
California, and provides for the administration of the university by
that body. Under existing law, the membership of the regents includes
18 members appointed by the Governor and 7 ex officio members, who
are the Governor, the Lieutenant Governor, the Speaker of the
Assembly, the Superintendent of Public Instruction, the president and
vice president of the alumni association of the university, and the
acting president of the university. Under existing law, meetings of
the regents are subject to the Bagley-Keene Act, except as otherwise
prescribed in provisions specifically applicable to the regents.
Existing law generally authorizes the regents, as
defined , to mean the board of regents
and its standing and special committees or subcommittees, other than
groups of 3 or fewer regents appointed to advise and assist the
university administration in contract negotiations, to conduct closed
sessions when they meet to consider or discuss specified matters,
including matters concerning the appointment, employment,
performance, compensation, or dismissal of certain university
officers or employees. Existing law requires action by the regents on
compensation proposals for the principal officers of the regents and
the officers of the university, as defined, to be in open session.
This bill would provide that the definition of the regents for
these purposes would include advisory groups , study groups, or
task forces created by specified entities that include one or
more regents, other than the ex officio members of the regents, as
members and that have continuing subject matter jurisdiction
in the areas of compensation, benefits, pensions, or working
conditions, or that have a regular meeting schedule, except
as specified. The bill would also require discussion of,
and action taken on , an
executive compensation proposal concerning the President of the
University of California, the chancellor of an individual campus,
specified vice presidents, the treasurer, the assistant treasurer,
the general counsel, or the secretary to occur in an
open session of the appropriate committee of the
regents, and would require any final discussion or action on that
proposal to take place in an open session of the full board of
regents .
The bill would express findings and declarations of the
Legislature to the effect that this bill sets forth the policies with
respect to the discussion of compensation of executive officers of
the university that have applied to, and governed, all regents
meetings held since 1993.
(3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 66602.5 is added to the Education Code, to
read:
66602.5. (a) All meetings of the trustees shall, except as
otherwise provided in this section or in Section 66602.7, be subject
to Article 9 (commencing with Section 11120) of Chapter 1 of Part 1
of Division 3 of Title 2 of the Government Code.
(b) As used in this article chapter
, "trustees" means any of the following:
(1) The Board of Trustees of the California State University.
(2) The standing and special committees or subcommittees of the
trustees.
(3) Advisory groups that include one or more trustees,
other than the ex officio members of the trustees, as members and
that have continuing subject matter jurisdiction in the areas of
compensation, benefits, pensions, or working conditions, or that have
a regular meeting schedule. , study groups, or task
forces that advise the Board of Trustees or the office of the
Chancellor of the California State University, that include one or
more trustees, other than ex officio members of the trustees, as
members, that have continuing subject matter jurisdiction or have a
regular meeting schedule, and that are created by the Board of
Trustees or an individual trustee, one of its standing committees,
special committees, or subcommittees, or the office of the
Chancellor of the California State University. Advisory groups whose
purpose is to recruit executives for the university are excluded
from this paragraph.
(c) As used in this article chapter
, "trustees" does not include groups of three or fewer trustees
appointed to advise and assist the university administration in
contract negotiations.
SEC. 2. Section 66602.7 is added to the Education Code, to read:
66602.7. Notwithstanding Article 9 (commencing with Section
11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the
Government Code:
(a) The trustees, as occasioned by necessity, may hold special
meetings. The trustees shall give public notice for these meetings.
This notice shall be given by means of a notice hand delivered or
mailed to each newspaper of general circulation and television or
radio station that has requested notice in writing, so that the
notice may be published or broadcast at least 72 hours before the
time of the meeting. The notice shall specify the time, place, and
agenda of the special meeting. The trustees shall not consider any
business not included in the agenda portion of the notice. Failure to
comply with this subdivision shall not be excused by the fact that
no action was taken at the special meeting.
(b) The trustees may conduct closed sessions when they meet to
consider or discuss any of the following matters:
(1) Matters affecting national security.
(2) The conferring of honorary degrees or other honors or
commemorations.
(3) Matters involving gifts, devises, and bequests.
(4) Matters involving the purchase or sale of investments for
endowment and pension funds.
(5) Matters involving litigation, when discussion in open session
concerning those matters would adversely affect, or be detrimental
to, the public interest.
(6) The acquisition or disposition of property, if discussion of
these matters in open session could adversely affect the regents'
ability to acquire or dispose of the property on the terms and
conditions they deem to be in the best public interest.
(7) (A) Matters concerning the appointment, employment,
performance, compensation, or dismissal of university officers or
employees, excluding individual trustees other than the chancellor of
the university.
(B) Discussion of, and action on, an executive compensation
proposal concerning any of the following shall occur in an open
session of the appropriate committee of the trustees, and any final
discussion of, or action on, that proposal shall occur in an open
session of the full board of trustees:
(B) Action taken by a committee of the trustees and final action
by the full board of trustees on a proposal for the compensation
package of the following executive officers shall occur in an open
session of each of those bodies, and shall include a disclosure of
the compensation package and rationale for the action:
(i) The Chancellor of the California State University.
(ii) The president of an individual campus.
(iii) A vice chancellor of academic affairs, administration,
agriculture, budget, business affairs, health, or human resources.
(iv) The treasurer or the assistant treasurer.
(v) The general counsel.
(vi) The trustees' secretary.
Members of the public shall be afforded the opportunity to address
the committee and full board on the proposal during or before
consideration of the action item.
(C) Discussion by a committee of the trustees of, and action on,
executive compensation programs or policies and any final action by
the full board of trustees on that program or policy shall occur in
open session of each of those bodies.
(C)
(D) Compensation for the principal officers of the
trustees and the officers of the university shall include salary,
benefits, perquisites, severance payments (except those made in
connection with a dismissal or a litigation settlement), retirement
benefits, or any other form of compensation.
(8) Matters relating to complaints or charges brought against
university officers or employees, excluding individual trustees other
than the chancellor of the university, unless the officer or
employee requests a public hearing.
(c) While a witness is being examined during any open or closed
session, any or all other witnesses in the investigation may be
excluded from the proceedings by the trustees.
(d) The nominating committee of the trustees may conduct closed
sessions held for the purpose of proposing officers of the board and
members of the board's various committees.
(e) The trustees shall not be required to give public notice of
meetings of special search or selection committees held for the
purpose of conducting interviews for university officer positions.
SEC. 3. Section 92020 of the Education Code is amended to read:
92020. (a) As used in this article, "Regents of the University of
California" means any of the following:
(1) The Board of Regents of the University of California.
(2) The standing and special committees or subcommittees of the
Board of Regents.
(3) Advisory groups that include one or more regents,
other than the ex officio members of the regents, as members and that
have continuing subject matter jurisdiction in the areas of
compensation, benefits, pensions, or working conditions, or that have
a regular meeting schedule. , study
groups, or task forces that advise the Board of Regents or the office
of the President of the University of California, that include one
or more regents, other than ex officio members of the regents, as
members, that have continuing subject matter jurisdiction or have a
regular meeting schedule, and that are created by the Board of
Regents or an individual regent, one of its standing committees,
special committees, or subcommittees, or the office of the President
of the University of California. Advisory groups whose purpose is to
recruit executives for the university are excluded from this
paragraph.
(b) As used in this article, "Regents of the University of
California" does not include groups of three or fewer regents
appointed to advise and assist the university administration in
contract negotiations.
SEC. 4. Section 92032 of the Education Code is amended to read:
92032. Notwithstanding Article 9 (commencing with Section 11120)
of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government
Code:
(a) The Regents of the University of California, as occasioned by
necessity, may hold special meetings. The regents shall give public
notice for these meetings. This notice shall be given by means of a
notice hand delivered or mailed to each newspaper of general
circulation and television or radio station that has requested notice
in writing, so that the notice may be published or broadcast at
least 72 hours before the time of the meeting. The notice shall
specify the time, place, and agenda of the special meeting. The
regents shall not consider any business not included in the agenda
portion of the notice. Failure to comply with this subdivision shall
not be excused by the fact that no action was taken at the special
meeting.
(b) The Regents of the University of California may conduct closed
sessions when they meet to consider or discuss any of the following
matters:
(1) Matters affecting national security.
(2) The conferring of honorary degrees or other honors or
commemorations.
(3) Matters involving gifts, devises, and bequests.
(4) Matters involving the purchase or sale of investments for
endowment and pension funds.
(5) Matters involving litigation, when discussion in open session
concerning those matters would adversely affect, or be detrimental
to, the public interest.
(6) The acquisition or disposition of property, if discussion of
these matters in open session could adversely affect the regents'
ability to acquire or dispose of the property on the terms and
conditions they deem to be in the best public interest.
(7) (A) Matters concerning the appointment, employment,
performance, compensation, or dismissal of university officers or
employees, excluding individual regents other than the president of
the university.
(B) Discussion of, and action on, an executive compensation
proposal concerning any of the following shall occur in an open
session of the appropriate committee of the regents, and any final
discussion of, or action on, that proposal shall occur in an open
session of the full board of regents:
(B) Action taken by a committee of the regents and final action by
the full board of regents on a proposal for the compensation package
of the following executive officers shall occur in an open session
of each of those bodies, and shall include a disclosure of the
compensation package and rationale for the action:
(i) The President of the University of California.
(ii) The chancellor of an individual campus.
(iii) A vice president of academic affairs, administration,
agriculture, budget, business affairs, health, or human resources.
(iv) The treasurer or the assistant treasurer.
(v) The general counsel.
(vi) The regents' secretary.
Members of the public shall be afforded the opportunity to address
the committee and full board on the proposal during or before
consideration of the action item.
(C) Discussion by a committee of the regents of, and action on,
executive compensation programs or policies and any final action by
the full board of regents on that program or policy shall occur in
open session of each of those bodies.
(c)
(D) Compensation for the principal officers of the
regents and the officers of the university shall include salary,
benefits, perquisites, severance payments (except those made in
connection with a dismissal or a litigation settlement), retirement
benefits, or any other form of compensation.
(8) Matters relating to complaints or charges brought against
university officers or employees, excluding individual regents other
than the president of the university, unless the officer or employee
requests a public hearing.
(c) While a witness is being examined during any open or closed
session, any or all other witnesses in the investigation may be
excluded from the proceedings by the regents.
(d) Committees of the regents may conduct closed sessions on
Medi-Cal contract negotiations.
(e) The nominating committee of the regents may conduct closed
sessions held for the purpose of proposing officers of the board and
members of the board's various committees.
(f) Committees of the regents may conduct closed sessions held for
the purpose of proposing a student regent.
(g) The regents shall not be required to give public notice of
meetings of special search or selection committees held for the
purpose of conducting interviews for university officer positions.
SEC. 5. (a) The Legislature finds and declares
all of the following:
(1) On February 22, 2006, the Chairperson of the Regents of the
University of California testified before the Senate Committee on
Education.
(2) At the February 22, 2006, hearing referenced in paragraph (1),
the chairperson of the regents testified that "all discussions of
and actions on executive compensation programs occur in open session
of the appropriate committee (of the regents), with final action
occurring in open session of the full board."
(3) At the February 22, 2006, hearing referenced in paragraph (1),
the chairperson of the regents further testified that the regents
had adhered to the policy set forth in paragraph (2) since 1993.
(b) It is the intent of the Legislature, in enacting the amendment
to Section 92032 of the Education Code made by Section 4 of this
act, to clarify existing law by conforming Section 92032 of the
Education Code to the practices of the regents with respect to the
discussion of compensation of university executives at meetings of
the regents, as expressed by the chairperson of the regents at the
February 22, 2006, hearing, and as set forth in paragraph (2) of
subdivision (a).
(c) Therefore, the Legislature finds and declares that paragraph
(7) of subdivision (b) of Section 92032 of the Education Code, as
amended by Section 4 of this act, sets forth the policies with
respect to the discussion of compensation of executive officers of
the university that have applied to, and governed, all regents
meetings held since 1993.
SEC. 6. SEC. 5. No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because the only costs that may be incurred
by a local agency or school district will be incurred because this
act creates a new crime or infraction, eliminates a crime or
infraction, or changes the penalty for a crime or infraction, within
the meaning of Section 17556 of the Government Code, or changes the
definition of a crime within the meaning of Section 6 of Article XIII
B of the California Constitution.