BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 1062|
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THIRD READING
Bill No: SB 1062
Author: Liu (D), et al.
Amended: 5/8/12
Vote: 21
SENATE EDUCATION COMMITTEE : 8-0, 4/18/12
AYES: Lowenthal, Alquist, Hancock, Huff, Liu, Price,
Simitian, Vargas
NO VOTE RECORDED: Runner, Blakeslee, Vacancy
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : California Community Colleges Chancellors
Office
SOURCE : California Community Colleges Chancellors
Office
Los Angeles Area Chamber of Commerce
DIGEST : This bill expands the existing authority of the
Board of Governors (BOG) of the California Community
Colleges (CCCs) to appoint persons without permanent civil
service status to vice chancellor and assistant vice
chancellor positions, if the individuals meet specified
criteria.
ANALYSIS : Existing law requires the BOG of the CCCs 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 BOG
CONTINUED
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and the Chancellor's Office. Existing 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.
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. After January 1, 2013, eligibility for
CEA appointments is reserved exclusively for persons with
permanent civil service status.
This bill expands the BOG of the CCCs 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:
(1) A local community college.
(2) A higher education policy position.
(3) A technical or occupational capacity for
which there is a shortage of qualified workers.
B. Previously held permanent status in the civil
service.
C. Was employed by the Legislature for two or more
consecutive years.
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D. Held for two or more consecutive years one or more
nonelected exempt positions in the executive branch.
2. 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.
Background
Student Success Task Force . SB 1143 (Liu, Chapter 409,
Statutes of 2009) directed the CCCs 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.
Current process for hiring . Under existing 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 CEA 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. Existing
law, however, precludes the appointment of individuals who
may have significant community college, higher education,
or industry related experience.
Positions 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.
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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.
Related and Prior Legislation
AB 2109 (Ruskin, 2010) would have removed the CCCs from 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 5/15/12)
California Community Colleges Chancellor's Office
(co-source)
Los Angeles Area Chamber of Commerce (co-source)
Association of California Community College Administrators
Bay Area Council
Community College League of California
Glendale Community College District
Kern Community College District
Little Hoover Commission
Long Beach Community College District
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
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Santa Monica College
State Center Community College District
West Kern Community College District
Yosemite Community College District
OPPOSITION : (Verified 5/15/12)
California Teachers Association
Gavilan College Faculty Association
Service Employees International Union, Local 1000
ARGUMENTS IN SUPPORT : According to the author's office,
this bill provides 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. 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.
ARGUMENTS IN OPPOSITION : 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.
PQ:mw 5/15/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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