BILL NUMBER: SB 190 CHAPTERED
BILL TEXT
CHAPTER 523
FILED WITH SECRETARY OF STATE OCTOBER 12, 2007
APPROVED BY GOVERNOR OCTOBER 12, 2007
PASSED THE SENATE SEPTEMBER 6, 2007
PASSED THE ASSEMBLY SEPTEMBER 4, 2007
AMENDED IN ASSEMBLY AUGUST 30, 2007
AMENDED IN ASSEMBLY MAY 22, 2007
AMENDED IN SENATE MARCH 29, 2007
AMENDED IN SENATE MARCH 14, 2007
INTRODUCED BY Senator Yee
(Principal coauthors: Senators Maldonado and Romero)
(Coauthors: Senators Alquist, Ashburn, and Perata)
(Coauthors: Assembly Members DeVore, Jeffries, Maze, Mendoza, and
Portantino)
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, Yee. Public postsecondary education: California State
University: University of California: open meetings: Higher Education
Governance Accountability Act.
(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 enact the Higher Education Governance
Accountability Act.
This bill would make all meetings of the trustees 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 require the trustees to take action in open session
on an executive compensation proposal concerning the Chancellor of
the California State University, the president of an individual
campus, a vice chancellor, the treasurer, the assistant treasurer,
the general counsel, or the trustees' secretary.
(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, 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 an advisory board, advisory commission,
advisory committee, advisory subcommittee, study group, task force,
or similar multimember advisory body of the Board of Regents that has
continuing subject matter jurisdiction in the area of compensation,
if created by formal action of the Board of Regents or of any member
of the Board of Regents, and if the advisory body so created consists
of one or more regents, other than ex officio members of the Board
of Regents, except as specified. The bill would also require action
taken on an executive compensation proposal concerning the President
of the University of California, the chancellor of an individual
campus, a vice president, the treasurer, the assistant treasurer, the
general counsel, or the secretary to occur in open session.
(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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known, and may be cited, as the
Higher Education Governance Accountability Act.
SEC. 2. Section 66602.5 is added to the Education Code, to read:
66602.5. All meetings of the trustees shall, except as otherwise
provided 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.
SEC. 3. 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) (1) 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:
(A) The Chancellor of the California State University.
(B) The president of an individual campus.
(C) A vice chancellor.
(D) The treasurer.
(E) The general counsel.
(F) The trustees' secretary.
(2) 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.
(b) Discussion by a committee of the trustees of, and action on,
an executive compensation program or policy, 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) 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.
SEC. 4. 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) An advisory board, advisory commission, advisory committee,
advisory subcommittee, study group, task force, or similar
multimember advisory body of the Board of Regents that has continuing
subject matter jurisdiction in the area of compensation, if created
by formal action of the Board of Regents or of any member of the
Board of Regents, and if the advisory body so created consists of one
or more regents, other than ex officio members of the Board of
Regents. An advisory group the purpose of which is to recruit
executives for the university is 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. 5. 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) (i) 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.
(IV) The treasurer or the assistant treasurer.
(V) The general counsel.
(VI) The regents' secretary.
(ii) 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, an
executive compensation program or policy, 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.
(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. 6. 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.