BILL ANALYSIS �
SENATE COMMITTEE ON EDUCATION
Alan Lowenthal, Chair
2011-2012 Regular Session
BILL NO: SB 1062
AUTHOR: Liu
INTRODUCED: February 13, 2012
FISCAL COMM: Yes HEARING DATE: April 18, 2012
URGENCY: No CONSULTANT: Daniel Alvarez
SUBJECT : California Community College Chancellor's Office.
SUMMARY
This bill expands the existing authority of the Board of
Governors (BOG) of the California Community Colleges to
appoint persons without permanent civil service status to
vice chancellor and assistant vice chancellor positions, if
the individuals meet specified criteria.
BACKGROUND
Current law requires the BOG of the California Community
Colleges to employ and fix the compensation, in accordance
with law, of assistants, clerical, and other employees as
it deems necessary for the effective conduct of the work of
the board and the chancellor's office. (Education Code �
71092) Current law also authorizes the Governor, with the
recommendation of the BOG, to appoint up to a total of six
deputy and vice chancellors, who are exempt from state
civil service. (EC � 71090.5)
Current law outlines a comprehensive personnel system for
state civil service, encourages the development and
effective use in the civil service of well-qualified and
carefully selected executives, and, for this purpose,
establishes a category of civil service appointment called
a "career executive assignment," or CEA. Until January 1,
2013, eligibility for appointment to a career executive
assignment includes: 1) persons with permanent status, or
who previously had permanent status, in the civil service;
(2) persons employed by the Legislature for two or more
consecutive years; and 3) persons holding, for two or more
consecutive years, nonelected exempt positions in the
executive branch. (Government Code � 19889.3) After
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January 1, 2013, eligibility for CEA appointments is
reserved exclusively for persons with permanent civil
service status.
The California Constitution requires the state to provide a
subvention of funds to reimburse costs to local
governments, including K-12 and community colleges,
whenever the Legislature, executive order, or a state
agency through adoption of regulations mandates a new
program or higher level of service, with specified
exceptions. (Section 6 of Article XIII B of the California
Constitution)
At present, any BOG regulation that the Department of
Finance determines would create a state-mandated local
program cost, the BOG cannot adopt the regulation until the
Department of Finance (DOF) has certified to the BOG and
Legislature that a source of funds is available to
reimburse that cost.
(EC� 70901.5)
ANALYSIS
This bill expands the Board of Governors (BOG) of the
California Community Colleges to appoint persons without
permanent civil service status to vice chancellor and
assistant vice chancellor positions, if the individuals
meet specified criteria. More specifically, this bill:
1) Authorizes the BOG to appoint persons without
permanent civil service status to vice chancellor or
assistant vice chancellor positions classified as
CEAs, if the individual meets any of the following:
a) Has a minimum of five years of work experience
in any of the following:
i. A local community college.
ii. A higher education policy position.
iii. A technical or occupational capacity
for which there is a shortage of qualified
workers.
a) Previously held permanent status in the civil
service.
b) Was employed by the Legislature for two or more
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consecutive years.
c) Held for two or more consecutive years one or
more nonelected exempt positions in the executive
branch.
1) Specifies the change above, does not limit the
application of any law applicable to CEAs, including
provisions of the Government Code and rules of the
State Personnel Board, except as to authorize
appointments as described above.
2) Requires the BOG to identify that a source of funding
is available to reimburse the cost of any regulation
the Department of Finance determines would create a
state-mandated local program cost.
STAFF COMMENTS
1) Need for the bill . According to the author, this bill
provides (a) limited hiring flexibility for appointing
senior staff by expanding criteria for appointment of
vice chancellors or assistant vice chancellors to
include persons with a minimum amount of experience,
as specified, and (b) proposes an efficiency by
streamlining and expediting the regulatory process by
enabling the Board of Governors to identify the source
of funding for any regulation that the Department of
Finance may determine creates a mandated local
program. The proposed change in the appointment
process would give the Chancellor the ability to hire
his/her own staff and ensure each appointment
possesses the necessary expertise to address critical
community college issues in a timely manner.
2) Opponents of this bill disagree with the notion that
eligible civil service employees, including current
staff, are insufficient for employment as vice
chancellors. The civil service process ensures an
ample pool of knowledge and qualified candidates who
are not only familiar with governmental operations but
also have private sector work experiences, as well as
former military service and local community college
administrative experiences. In addition, opponents
raise concerns that the Board of Governors would be
able to mandate programs without funding them.
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3) Student Success Task Force . Chapter 409, Statutes of
2009 (SB 1143, Liu) directed the California Community
Colleges to establish a task force and develop a plan
to promote and improve student success by the
beginning of 2012. The 20-member Student Success Task
Force composed of community college leaders, faculty,
students, researchers, staff and external
stakeholders, spent a full year researching, studying
and debating the best methods to improve student
outcomes. Their plan resulted in 22 specific
recommendations which identify key strategies to
invest in student success and enable students to reach
their goals. These recommendations will be implemented
through Title 5 regulations, system-wide
administrative policies, local best practices, and
legislation.
4) Current process for hiring . Under current law, there
are two ways in which appointments to the executive
management team at the Chancellor's office can occur;
through a Governor's appointment, or through the
career executive assignment process. In the past,
however, appointments from the Governor's office have
often taken months before a key appointment can be
approved. As a state agency, the BOG also has the
authority to hire individuals who have, or had,
permanent civil service status, or former legislative
or nonelected, exempt executive employees into a CEA
position. Current law, however, precludes the
appointment of individuals who may have significant
community college, higher education, or industry
related experience.
5) Who's affected within the Chancellor's Office ? This
bill expands the BOG authority to hire persons outside
the civil service into a position classified as a CEA.
According to the Chancellor's Office, nine vice
chancellor positions are currently eligible to be
filled by persons outside the civil service system.
Three of these are currently classified as CEA
positions. Six positions are classified as exempt
positions. The expanded authority would apply only to
those positions classified as CEAs.
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6) Mandate costs background . In 1979 voters passed
Proposition 4, which added a requirement to the
California Constitution that local governments be
reimbursed for new programs or higher levels of
service the state imposes on them. In November 2004,
state voters approved Proposition 1A, which requires
the Legislature to appropriate funds in the annual
budget to pay outstanding mandate claims, "suspend"
the mandate, or "repeal" the mandate. However, these
provisions apply to local governments only and - by
definition - do not include school districts or
community colleges.
Currently, the state has about 50 K-14 education
mandates, with each mandate requiring school districts
and/or community colleges to perform as many as a
dozen specific activities. The 2011 Budget included
$90 million for these claims. The state went seven
consecutive years (2003-04 through 2009-10) making
only negligible mandate payments. As a result, a
backlog of unpaid K-14 claims has developed that now
totals an estimated $3.6 billion. According to the
Senate Budget Committee, the state has a
constitutional obligation to pay off this backlog.
Moreover, in December 2008, a superior court found the
state's practice of deferring education mandate
payments unconstitutional and ordered the state to
fully fund mandated programs "in the future." While
constitutional separation of powers means the court
cannot force the Legislature to make appropriations
for past mandate costs, its decision increases
pressure on the state to pay its mandate obligations.
7) Related and prior legislation .
SB 1456 (Lowenthal), a measure implementing
recommendations from the SB 1143 Student Success Task
Force, requires among other things, any college or
district receiving specified funds to provide a strong
foundation and support services including orientation,
assessment and placement, counseling and education
planning, and academic interventions for students'
academic success and ability to achieve their
educational goals.
SB 629 (Lowenthal, 2011) is very similar to SB 1062,
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but does not contain provisions related to
identification of a funding source for any regulations
the Department of Finance determines would create a
state-mandated local program cost. This bill is
currently in the Assembly Higher Education Committee.
AB 2109 (Ruskin, 2010) would have removed the
California Community Colleges (CCC) form the
definition of "state agency" for all legislation
enacted after January 1, 2011, and would have provided
the CCC Chancellor's Office with expanded personnel
hiring authority. The hearing for AB 2109 was
cancelled at the author's request and the bill was
withdrawn from the Assembly Higher Education Committee
without further action.
SUPPORT
Association of California Community College Administrators
Bay Area Council
California Community Colleges Chancellor's Office (sponsor)
Community College League of California
Glendale Community College District
Kern Community College District
Long Beach Community College District
Little Hoover Commission
Los Angeles Area Chamber of Commerce
Los Angeles Community College District
Los Rios Community College District
Orange County Business Council
Pasadena Community College
Peralta Community College District
Regional Economic Association Leaders (R.E.A.L.) Coalition
San Diego Community College District
San Diego Regional Chamber of Commerce
San Diego Regional Economic Development Corporation
San Gabriel Valley Economic Partnership
San Jose Silicon Valley Chamber of Commerce
Santa Monica College
State Center Community College District
Yosemite Community College District
West Kern Community College District
OPPOSITION
California Teachers Association
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Gavilan College Faculty Association
Service Employees International Union, Local 1000