BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2610
                                                                  Page  1

          Date of Hearing:   April 20, 2010


           ASSEMBLY COMMITTEE ON ARTS, ENTERTAINMENT, SPORTS, TOURISM, AND  
                                   INTERNET MEDIA
                                  Mike Davis, Chair

                 AB 2610 (Niello) - As Introduced:  February 19, 2010
           

          SUBJECT  :   Arts Council: officers and employees

           SUMMARY  :   Requires the members of the California Arts Council  
          (CAC) to select the director, and sets forth duties of the  
          director, as specified.  Specifically,  this bill  :  

          1)Provides that the council shall select a director for the CAC.  


          2)Allows the CAC to delegate to the director the  
            responsibilities for carrying out its policy.

          3)Further provides that the director shall assist the CAC in the  
            carrying out of its work, be responsible for the hiring of  
            staff, including, but not limited to, deputy directors, be  
            responsible for the management and administration of the  
            staff, and perform other duties as directed.

           EXISTING LAW  :

          1)Provides that the Governor shall appoint a director and two  
            deputies for the CAC who shall serve at the pleasure of the  
            Governor.
           
          2)Allows the CAC to delegate to the director the  
            responsibilities for carrying out its policy.

          3)Further provides that the director shall assist the CAC in the  
            carrying out of its work, be responsible for the management  
            and administration of the staff, and perform other duties as  
            directed.

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   








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           1)Stated Need for Legislation  :  According to the author, "Most  
            state arts councils in the U.S. select their Directors; only  
            three - California, Virginia and Georgia - have Directors who  
            are appointed solely by the Governor, not in concert with  
            their Council Members.  Members of California's Arts Council  
            would like to have the ability to select the Arts Council  
            Director, a protocol that is working successfully across the  
            nation.  Nine of California's 11 Council Members are appointed  
            by the Governor, one by the Senate, and one by the Assembly,  
            so a connection between the Governor, the Legislature and the  
            Council is assured.  Having the Council select the Director  
            strengthens the council/staff working relationship.  Rapid  
            turnover at the head of such a small agency can prove  
            disruptive and lessen the Arts Council's efficiency.  This  
            small alteration in the hiring process will provide the staff  
            with the possibility of more longevity and continuity in the  
            Director's leadership."  

          Supporters add, "  Having Council  Members  select the Director  
             would strengthen the working relationship between the Council  
            Members and the staff.   Rapid turnover at the head of such a  
            small agency  (18 employees)  can prove disruptive and lessen  
             the Council's  efficiency.   This alteration in the hiring  
            process w  ould  provide the  Council  with the possibility of  
             increased  longevity and continuity in the Director's  
            leadership.  "

            A quick check of the number of appointed directors seems to  
            support the notion of high turnover.  In the 35 years since  
            the CAC was created, there have been 11 directors.  By  
            contrast, there have only been 5 governors in the same period  
            of time.

           2)Background on CAC  :  The CAC is a state agency headquartered in  
            Sacramento.  Its eleven council members are appointed by the  
            Governor and the state Legislature.  The California Arts  
            Council was established in 1975, replacing the then existing  
            15-member California Arts Commission, which had been in  
            operation since 1963.

            According to its webpage, "The mission of the California Arts  
            Council is to advance California through the arts and  
            creativity.  The agency encourages widespread public  
            participation in the arts; helps build strong arts  








                                                                  AB 2610
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            organizations at the local level; assists with the  
            professional development of arts leaders; promotes awareness  
            of the value of the arts; and directly support arts program  
            for children and communities. 

            "The California Arts Council encourages widespread public  
            participation in and appreciation of the arts and creative  
            endeavors.  The agency helps build strong arts organizations  
            at the local and statewide level, directly supports arts  
            programs for all citizens, assists with the professional  
            development of arts leaders, supports arts education in  
            schools in all areas of the state, and promotes awareness of  
            the value of the arts.  The agency does this by administering  
            a number of competitive grant programs and special  
            initiatives, collecting and disseminating information, and  
            assisting organizations and individuals."

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          California Arts Council (Sponsor)

           Opposition 
           
          None on file

           
          Analysis Prepared by  :    Dana Mitchell / A.,E.,S.,T. & I.M. /  
          (916) 319-3450