BILL ANALYSIS
SB 190
Page 1
SENATE THIRD READING
SB 190 (Yee)
As Amended May 22, 2007
Majority vote
SENATE VOTE :39-0
HIGHER EDUCATION 7-0 GOVERNMENTAL ORGANIZATION
14-0
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|Ayes:|Portantino, Horton, |Ayes:|Torrico, Plescia, |
| |Arambula, Beall, Cook, | |Charles Calderon, De |
| |Galgiani, Ruskin | |Leon, Evans, Garcia, |
| | | |Jeffries, Levine, |
| | | |Mendoza, Portantino, |
| | | |Price, Silva, Soto, Tran |
|-----+--------------------------+-----+--------------------------|
| | | | |
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APPROPRIATIONS 16-0
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|Ayes:|Leno, Walters, Caballero, |
| |Davis, DeSaulnier, |
| |Emmerson, Huffman, |
| |Karnette, Krekorian, La |
| |Malfa, Lieu, Ma, |
| |Nakanishi, Nava, |
| |Sharon Runner, Solorio |
| | |
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SUMMARY : Modifies current law governing the meetings of the
University of California Board of Regents (UC Regents) and the
California State University Board of Trustees (CSU Board) and
clarifies the requirements for meetings that must be open and
public. Specifically, this bill :
1)Places the following requirements on the CSU:
a) Requires all meetings of the CSU Board and its standing
and special committees or subcommittees to be subject to
the Bagley-Keene Open Meeting Act (Bagley-Keene);
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b) Subjects advisory groups, study groups, or task forces,
as specified, to Bagley-Keene;
c) Excludes from these provisions groups of three or fewer
CSU Board appointed to advise and assist the CSU
administration in contract negotiations;
d) Requires action taken by a committee of or the full CSU
Board on executive compensation proposals for specified
executive positions to occur in open session, requires full
disclosure and rationale for each compensation package, and
requires the CSU Board to afford members of the public
opportunity to comment;
e) Requires discussions of and action on executive
compensation programs and policies to occur in open session
of the CSU Board; and,
f) Defines "compensation" to include salary, benefits,
perquisites, severance payments, retirement benefits, or
any other form of compensation.
2)Places the following requirements on the UC:
a) Subjects advisory groups, study groups, or task forces,
as specified, to Bagley-Keene;
b) Requires action taken by a committee of the UC Regents
and final action by the full UC Regents on executive
compensation proposals for specified executive positions to
occur in open session, requires full disclosure and
rationale for each compensation package, and requires the
UC Regents to afford members of the public opportunity to
comment;
c) Requires discussions of and action on executive
compensation programs and policies to occur in open session
of the UC Regents; and,
d) Defines "compensation" to include salary, benefits,
perquisites, severance payments, retirement benefits, or
any other form of compensation.
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FISCAL EFFECT : UC estimates minor annual costs of around
$35,000 associated with additional open meetings, such as
notices, published agendas, minutes, and arranging for
facilities compliant with the Americans with Disabilities Act.
CSU's annual costs could be of a similar magnitude.
COMMENTS : Bagley-Keene: Bagley-Keene requires meetings of
state bodies, including the CSU, to be open and public and
requires state bodies to publish a specific agenda and notice of
each meeting at least 10 days in advance of the meeting. Under
Bagley-Keene, a congregation of a majority of members of a state
body at the same time and place to hear, discuss, or deliberate
upon any item that is within the subject matter jurisdiction of
the body constitutes a meeting that must be open and noticed.
Bagley-Keene requires meetings of advisory committees to be open
and noticed only if the committees consist of three or more
persons and are created by formal action of the body or any
member of the body.
Existing law requires all meetings of the UC Regents and its
standing and special committees or subcommittees to be subject
to Bagley-Keene. However, the UC Regents are authorized to hold
special meetings and to meet in closed session to consider or
discuss specified matters including matters of national
security, gifts and bequests, and the acquisition or disposition
of property. Current law also authorizes the UC Regents to
discuss in closed session matters concerning the appointment,
employment, performance, compensation, or dismissal of
university employees; however, final actions on compensation
proposals of principal officers of the UC or the UC Regents must
be made in open session.
Open and public meetings of advisory groups: Advisory
committees provide information to executive office staff,
enabling them to develop recommendations on a variety of policy
matters that are later brought to the CSU Board or UC Regents
for discussion in a public meeting. The UC has identified 11
advisory bodies that would be impacted by this bill, including a
task force on university funding options and a health services
advisory group. The CSU has identified four such bodies. The
CSU is concerned that these new requirements will discourage
trustee participation in advisory groups, leaving them
potentially less informed. The UC has suggested that this bill
apply only to executive compensation-related advisory
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committees, since this bill is focused on executive compensation
disclosure.
The author contends that this provision is intended to prevent
the CSU and UC from using advisory committees that include CSU
trustees or UC regents to discuss matters that should be
discussed in public meetings by the governing body. By
requiring advisory groups created by the office of the CSU
Chancellor or UC President and that includes at least one
trustee/regent to be subject to Bagley-Keene, this bill appears
to hold the CSU and UC to a higher open meeting standard than is
required of other state bodies.
Analysis Prepared by : Sandra Fried / HIGHER ED. / (916)
319-3960
FN: 0002174