BILL ANALYSIS                                                                                                                                                                                                    






                         SENATE COMMITTEE ON EDUCATION
                              Gloria Romero, Chair
                           2009-2010 Regular Session
                                        

          BILL NO:       AB 2482
          AUTHOR:        Furutani
          INTRODUCED:    February 19, 2010
          FISCAL COMM:   Yes            HEARING DATE:  June 23, 2010
          URGENCY:       No             CONSULTANT:Kathleen Chavira

           SUBJECT  :  Consultation Council of the California Community  
          Colleges
          
           KEY POLICY ISSUES
           
          Should  membership on an internal advisory council be  
          statutorily required to include specified representation  
          for a single group of community college employees when  
          neither the Council or its membership are currently defined  
          in state law?

          Should the discretion of the Board of Governor's and the  
          Chancellor's Office to determine membership of an advisory  
          body created and convened to assist in the development of  
          community college policy that serves the best interests of  
          the students, the system, and the state be limited?

          
          SUMMARY
           
          This bill requires that the Board of Governors (BOG) of the  
          California Community Colleges (CCC) include two classified  
          employees among the membership of the Consultation Council  
          established pursuant to current law requirements that the  
          BOG consult with institutional representatives in the  
          development and review of policy. 

           BACKGROUND
           
          Current law requires the Board of Governors (BOG) of the  
          California Community
          Colleges (CCC) to provide leadership and direction in the  
          continuing development of the CCC and to provide general  








                                                             AB 2482
                                                             Page 2 

          supervision over community college districts and that, in  
          performing these functions, the BOG establish and carry out  
          a process for consultation with institutional  
          representatives of the districts to ensure their  
          participation in the development and review of policy  
          proposals. The consultation process is required to afford  
          community college organizations, as well as interested  
          individuals and parties, an opportunity to review and  
          comment on proposed policy before it is adopted by the BOG.  
           (Education Code  70901) 
           
          ANALYSIS
           
           This bill  requires the inclusion of two classified  
          employees of the community colleges, each representing one  
          of two different statewide collective bargaining  
          organizations representing community college classified  
          employees, among the membership of the consultation council  
          established to ensure participation of institutional  
          representatives of community college districts in the  
          development and review of policy proposals.  

           STAFF COMMENTS
           
           1)   Need for the bill  .  According to the author, the  
               Consultation Council established to allow  
               participation in the review and development of policy  
               proposals for the California Community College system  
               disproportionately represents institutional and  
               organizational faculty and administrators.  Currently  
               one member of the Council exclusively represents  
               classified employees.  The author asserts that this  
               bill is an important step for achieving parity for  
               classified school employees in terms of their  
               representation on the Council relative to the  
               classified employee workforce within the California  
               Community Colleges.

           2)   Consultation Council  . Current law makes the BOG  
               responsible for establishing a consultation process  
               for the development and review of policy proposals.   
               The Consultation Council was established as part of  
               the community college shared governance process under  
               the authority of the BOG Standing Orders 342.  Under  








                                                             AB 2482
                                                             Page 3 

               the Standing Orders, the Chancellor is required to  
               adopt such Executive Orders as necessary to implement  
               the BOG policy on consultation.  These Executive  
               Orders establish the membership, roles of the members,  
               participation by organizations and interested parties  
               who are not members of the council, and meetings and  
               other procedural matters.  The Council is led by the  
               Chancellor of the California Community Colleges and is  
               currently comprised of the following 18 members,  
               appointed administratively by the Chancellor: 

                Institutional Representatives:

                            2 chief executive officers of community  
                    college districts, selected by the Chief  
                    Executive Officers of the California Community  
                    Colleges. 
                           2 community college faculty members,  
                    selected by The Academic Senate. 
                           2 students selected by the Student  
                    Senate. 
                           1 chief business officer, selected by the  
                    Association of Chief Business Officers. 
                           1 chief student services officer,  
                    selected by the California Community Colleges  
                    Chief Student Services Administrators  
                    Association. 
                           1 chief instructional officer selected by  
                    the Chief Instructional Officers of the  
                    California Community Colleges. 
                           1 chief human resources officer selected  
                    by Chief Human Resources Officer/Affirmative  
                    Action Officer.

                Organizational Representatives:

                            1 representative of the Association of  
                    California Community College Administrators. 
                           1 representative of the California  
                    Student Association of Community Colleges. 
                           1 representative of the Community  
                    Colleges Association/California Teachers  
                    Association. 
                           1 representative of the California  








                                                             AB 2482
                                                             Page 4 

                    Community Colleges/California Federation of  
                    Teachers. 
                           1 representative of the California  
                    Community Colleges Independents.
                           1 representative of the Community College  
                    League of California. 
                           1 representative of the California School  
                    Employees Association. 
                           1 representative of the Faculty  
                    Association of California Community Colleges.

               The Chancellor is authorized to invite other  
               organizations, individuals, and staff to participate  
               in selected discussions of the Council. The Chancellor  
               is also required to provide for a review and  
               evaluation of the consultation process at least once  
               every three years.  

           1)   The Council's purpose  .  According to the Community  
               College Chancellor's Office, the purpose of the  
               Consultation Council is to facilitate the  
               participation of community college districts in the  
               development of community college policy in order to  
               insure that the best interests of the students, the  
               system, and the state are served.  The Council meets  
               once per month to review and evaluate new policy  
               proposals necessitated either by legal requirements or  
               local need, appoint task groups to develop new policy  
               proposals, review and provide advice on policy issues  
               currently in development, and review and provide  
               advice on the work of standing committees developing  
               annual system proposals, such as the budget and  
               legislative programs.  This formal consultation  
               process allows the entire community college system to  
               advise the Chancellor who makes recommendations to the  
               BOG on matters of policy. The stated purpose of the  
               consultation process is to strengthen a system of  
               communications, policy development, and review to  
               ensure the quality and effectiveness of college  
               operations and programs.

           2)   Related administrative activity  .  According to the  
               Chancellor's Office, on May 20, 2010, the Consultation  
               Council discussed the provisions of this bill and  








                                                             AB 2482
                                                             Page 5 

               noted that the California Federation of Teachers (CFT)  
               was requesting that two classified representatives be  
               appointed to the Council.  Currently, the single  
               classified representative on the Council is from CSEA,  
               the rationale being that it represents the largest  
               classified organization.  The Chancellor has made a  
               commitment to review the CFT request to add more  
               classified representatives to the Consultation  
               Council, but noted that he would have to weigh many  
               factors, including the fact that many other groups  
               have made similar requests.  The Chancellor has not  
               yet issued a decision around this request but is  
               expected to respond at the next meeting of the  
               Consultation Council. 

           3)   CCC employees and the Consultation Council  .  Staff has  
               been informed that at least four different groups  
               represent classified employees throughout the system.   
               These include Service Employees International, the  
               Classified Senate, the CFT and the CSEA. Of these,  
               both CSEA and CFT currently have a member designated  
               on the Council (although CFT characterizes theirs as  
               representing faculty).  Based on Chancellor's Office  
               data, classified employees represented 33 percent of  
               community college employees in 2008 (approximately  
               23,600). In 2008, just over 67% of employees were  
               faculty and educational administrators (over 75,000).   
                  

           4)   If it's not broken...  ?  As noted, the Consultation  
               Council's duties and membership are not explicitly  
               described in statute, but are described in the  
               Chancellor's Executive Orders.   This allows the  
               Chancellor and the BOG the discretion to modify  
               membership and process as necessary to best serve the  
               needs of the system (the last change to the Council  
               occurred in September 2007 when a Trustee member of  
               the Council was established).  

               The Committee may wish to consider the following:

                           Why should the state school employees'  
                    representative be the lone representative on the  
                    Council prescribed in statute? 








                                                             AB 2482
                                                             Page 6 

                  
                           Have the perspectives of classified  
                    employees been ignored or undermined on the  
                    Council?

                           Is there evidence that the administrative  
                    process for entertaining and responding to a  
                    request to modify the Council membership has  
                    failed?  If not, should the Legislature insert  
                    itself into an administrative process which  
                    appears to be working? 

                           Should the Chancellor's and BOG's  
                    autonomy and discretion to create and modify its  
                    own advisory body be restricted? 
           
          SUPPORT
           
          California Federation of Teachers
          Faculty Association of California Community Colleges

           OPPOSITION

           California Community College League