BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 1062
                                                                  Page  1


          SENATE THIRD READING
          SB 1062 (Liu)
          As Amended  May 8, 2012
          Majority vote 

           SENATE VOTE  :33-1  
           
           HIGHER EDUCATION    7-0                                         
           
           ----------------------------------------------------------------- 
          |Ayes:|Block, Olsen, Achadjian,  |     |                          |
          |     |Brownley, Galgiani,       |     |                          |
          |     |Miller, Portantino        |     |                          |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Expands the existing authority of the California 
          Community Colleges (CCC) Board of Governors (BOG) to appoint 
          persons without permanent civil service status to vice 
          chancellor and assistant vice chancellor positions, if the 
          individuals meet specified criteria.  Specifically,  this bill  :   


          1)Authorizes the BOG to appoint persons without permanent civil 
            service status to vice chancellor and assistant vice 
            chancellor positions, 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 CCC;

               ii)    A higher education policy position; or,

               iii)   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; or,

             d)   Held for two or more consecutive years one or more 
               nonelected exempt positions in the executive branch.








                                                                  SB 1062
                                                                  Page  2



          2)Specifies the changes above do not limit the application of 
            any law applicable to career executive assignments, including 
            provisions of the Government Code and rules of the State 
            Personnel Board, except as to authorize appointments as 
            described above.

           FISCAL EFFECT  :  Unknown.  This bill is keyed non-fiscal by the 
          Legislative Counsel.

           COMMENTS  :  Under current law, appointments to the CCC 
          Chancellor's executive management team are made by a 
          gubernatorial appointment or through the career executive 
          assignment (CEA) process.  However, in past years, key 
          appointments from the Governor's office have often taken months 
          before being approved.  As a state agency, the BOG also has the 
          authority to hire individuals who have, or had, permanent civil 
          service status, or former or nonelected, exempt executive 
          employees into a CEA position.  

          Need for this bill.  According to the author, current law 
          precludes the appointment of individuals who may have 
          significant CCC, higher education, or industry-related 
          experience.  The Chancellor needs the flexibility to hire the 
          most qualified individuals he or she can to fill leadership 
          positions in the Chancellor's office.  Currently, the Chancellor 
          is limited to hiring from civil, legislative or nonelected 
          executive service, or going through the Governor's appointment 
          process, which can be lengthy, time consuming, and sometimes 
          fruitless.  The delay has resulted in the loss of qualified 
          candidates and prolonged vacancies in key positions. 

          Who is affected?  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, 11 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.  Eight positions are classified as 
          exempt positions.  The expanded authority would apply only to 
          those positions classified as CEAs.

          Student success recommendations.  At the direction of the 
          Legislature (SB 1143 (Liu), Chapter 409, Statutes of 2010), the 
          Chancellor established a task force to develop recommendations 








                                                                  SB 1062
                                                                  Page  3


          by early 2012 to promote and improve student success.  The 
          20-member Student Success Task Force (SSTF) included CCC 
          leaders, faculty, students, researchers, staff, and external 
          stakeholders and spent a full year researching, studying, and 
          debating the best methods to improve student outcomes.  Their 
          plan resulted in 22 recommendations that identify key strategies 
          to invest in student success and enable students to reach their 
          goals, including the recommendation for a stronger Chancellor's 
          office to improve sharing of data, common goal setting, and 
          fidelity to statewide efforts to improve student outcomes.  

          The Little Hoover Commission in its February 2012 report 
          recommended that the state strengthen the governance of the CCC 
          by creating a stronger, more independent Chancellor's office 
          that is empowered to establish policy directives, create 
          accountability metrics, and hire senior-level staff.  


          Opponents argue that adding the three prior experience options 
          would set a precedent, and the civil service process ensures an 
          ample pool of knowledgeable and qualified candidates.


           Analysis Prepared by :    Sandra Fried / HIGHER ED. / (916) 
          319-3960 


                                                                FN: 0004158