Amended in Senate August 20, 2014

Amended in Senate August 18, 2014

Amended in Senate July 2, 2014

Amended in Assembly April 8, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 2721


Introduced by Assembly Member Pan

(Coauthor: Assembly Member Patterson)

February 21, 2014


An act to amend Section 66602 of the Education Code, relating to postsecondary education.

LEGISLATIVE COUNSEL’S DIGEST

AB 2721, as amended, Pan. Trustees of the California State University: nonfaculty employees.

Existing law establishes the various campuses of the California State University under the administration of the Trustees of the California State University. Existing law provides for the membership of the Trustees of the California State University to include 5 specified ex officio members, 16 members appointed by the Governor and subject to confirmation by the Senate, one representative of the alumni associations, 2 student members appointed by the Governor, and a faculty member appointed by the Governor.

This bill would revise the membership of the board of trustees by requiring the Governor also to appoint a permanent nonfaculty employee of the university for a 2-year term, as specified. The bill would require a systemwide staff council, as specified, to provide to the Governor a list of 2 nominees for the Governor’s consideration, and would require the Governor to appoint one of the nominees. The bill would provide that the permanent nonfaculty employee member of the board shall receive, for board service only, actual and necessary travel expenses and $100 for each day he or she is attending to official business of the trustees.

begin insert

This bill would incorporate changes to Section 66602 of the Education Code proposed by AB 2324, to become operative if AB 2324 and this bill are chaptered and become effective on or before January 1, 2015, and this bill is chaptered last.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 66602 of the Education Code is amended
2to read:

3

66602.  

(a) The board shall be composed of the following five
4ex officio members: the Governor, the Lieutenant Governor, the
5Superintendent of Public Instruction, the Speaker of the Assembly,
6and the person named by the trustees to serve as the Chancellor
7of the California State University; a representative of the alumni
8associations of the state university, selected for a two-year term
9by the alumni council, California State University, which
10representative shall not be an employee of the California State
11University during the two-year term; and 16 members appointed
12by the Governor and subject to confirmation by two-thirds of the
13membership of the Senate.

14(b) (1) Two students from the California State University, who
15shall have at least sophomore year standing at the institutions they
16attend, and who remain in good standing as students during their
17respective terms, shall also be appointed by the Governor to serve
18on the board for two-year terms.

19(2) In the selection of students as members of the board, the
20Governor shall appoint the students from lists of names of at least
21two, but not more than five, persons furnished by the governing
22board of any statewide student organization that represents the
23students of the California State University and the student body
24organizations of the campuses of the California State University.
25Any appointment to fill a vacancy of a student member shall be
P3    1effective only for the remainder of the term of the student member’s
2office that became vacated.

3(3) The term of office of one student member of the board shall
4commence on July 1 of an even-numbered year and expire on June
530 two years thereafter. The term of office of the other student
6member of the board shall commence on July 1 of an
7odd-numbered year and expire on June 30 two years thereafter.
8Notwithstanding paragraph (1), a student member who graduates
9from his or her college or university on or after January 1 of the
10second year of his or her term of office may serve the remainder
11of the term.

12(4) (A) During the first year of a student member’s term, a
13student member shall be a member of the board and may attend
14all meetings of the board and its committees. At these meetings,
15a student member may fully participate in discussion and debate,
16but may not vote. During the second year of a student member’s
17term, a student member may exercise the same right to attend
18meetings of the board, and its committees, and shall have the same
19right to vote as the members appointed pursuant to subdivision
20(a).

21(B) Notwithstanding subparagraph (A), during the first year of
22a student member’s term, the student member may vote at a board
23meeting if the other student member is absent from that meeting
24due to illness, a family emergency, or a medical emergency.

25(5) Notwithstanding paragraph (4), if a student member resigns
26from office or a vacancy is otherwise created in that office during
27the second year of a student member’s term, the remaining student
28member shall immediately assume the office created by the vacancy
29and all of the participation privileges of the second-year student
30member, including the right to vote, for the remainder of that term
31of office.

32(6) A student member shall have his or her tuition fee waived
33for the duration of his or her term of office.

34(c) (1) A faculty member from the California State University,
35who shall be tenured at the California State University campus at
36which he or she teaches, shall also be appointed by the Governor
37to serve on the board for a two-year term. In the selection of a
38faculty member as a member of the board, the Governor shall
39appoint the faculty member from a list of names of at least two
P4    1persons furnished by the Academic Senate of the California State
2University.

3(2) The faculty member of the board appointed by the Governor
4pursuant to this subdivision shall not participate on any
5subcommittee of the board responsible for collective bargaining
6negotiations.

7(3) The term of office of the faculty member of the board shall
8commence on July 1, and shall expire on June 30 two years
9thereafter.

10(d) (1) (A) A permanent nonfaculty employee, who is not in
11a management personnel plan, a confidential classification, or an
12excluded classification, also shall be appointed by the Governor
13to serve on the board for a two-year term. An independent
14systemwide staff council formed for this purpose shall provide a
15list of two nominees for the Governor’s consideration and the
16Governor shall appoint one of these nominees.

17(B) The employee organizations of permanent nonfaculty
18employees of the California State University shall fund the council
19to be established pursuant to this paragraph.

20(2) The permanent nonfaculty employee member of the board
21appointed pursuant to this subdivision shall not participate on any
22subcommittee of the board responsible for collective bargaining
23negotiations.

24(3) The term of office of the permanent nonfaculty employee
25member of the board appointed pursuant to this subdivision shall
26commence on July 1 and shall expire on June 30 two years
27thereafter.

28(4) The permanent nonfaculty employee member of the board
29shall receive compensation for board service only as authorized
30pursuant to Section 66604.5.

31begin insert

begin insertSEC. 1.5.end insert  

end insert

begin insertSection 66602 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
32read:end insert

33

66602.  

(a) The board shall be composed of the following five
34ex officio members: the Governor, the Lieutenant Governor, the
35Superintendent of Public Instruction, the Speaker of the Assembly,
36and the person named by the trustees to serve as the Chancellor
37of the California State University; a representative of the alumni
38associations of the state university, selected for a two-year term
39by the alumni council, California State University, which
40representative shall not be an employee of the California State
P5    1University during the two-year term; and 16begin delete appointiveend delete members
2appointed by the Governor and subject to confirmation by
3two-thirds of the membership of the Senate.

4(b) (1) Two students from the California State University, who
5shall have at least sophomore year standing at the institutions they
6attend, and who remain in good standing as students during their
7respective terms, shall also be appointed by the Governor to serve
8on the board for two-year terms.

9(2) In the selection of students as members of the board, the
10Governor shall appoint the students from lists of names of at least
11two, but not more than five, persons furnished by the governing
12board of any statewide student organization that represents the
13students of the California State University and the student body
14organizations of the campuses of the California State University.
15Any appointment to fill a vacancy of a student member shall be
16effective only for the remainder of the term of the student member’s
17office that became vacated.

18(3) The term of office of one student member of the board shall
19commence on July 1 of an even-numbered year and expire on June
2030 two years thereafter. The term of office of the other student
21member of the board shall commence on July 1 of an
22odd-numbered year and expire on June 30 two years thereafter.
23Notwithstanding paragraph (1), a student member who graduates
24from his or her college or university on or after January 1 of the
25second year of his or her term of office may serve the remainder
26of the term.

27(4) (A) During the first year of a student member’s term, a
28student member shall be a member of the board and may attend
29all meetings of the board and its committees. At these meetings,
30a student member may fully participate in discussion and debate,
31but may not vote. During the second year of a student member’s
32term, a student member may exercise the same right to attend
33meetings of the board, and its committees, and shall have the same
34right to vote as the members appointed pursuant to subdivision
35(a).

36(B) Notwithstanding subparagraph (A), during the first year of
37a student member’s term, the student member may vote at a board
38meeting if the other student member is absent from that meeting
39due to illness, a family emergency, or a medical emergency.

P6    1(5) Notwithstanding paragraph (4), if a student member resigns
2from office or a vacancy is otherwise created in that office during
3the second year of a student member’s term, the remaining student
4member shall immediately assume the office created by the vacancy
5and all of the participation privileges of the second-year student
6member, including the right to vote, for the remainder of that term
7of office.

8(6) A student member shall have his or her tuition fee waived
9for the duration of his or her term of office.

10(c) (1) A faculty member from the California State University,
11who shall be tenured at the California State University campus at
12which he or she teaches, shall also be appointed by the Governor
13to serve on the board for a two-year term. In the selection of a
14faculty member as a member of the board, the Governor shall
15appoint the faculty member from a list of names of at least two
16persons furnished by the Academic Senate of the California State
17University.

18(2) The faculty member of the board appointed by the Governor
19pursuant to this subdivision shall not participate on any
20subcommittee of the board responsible for collective bargaining
21negotiations.

22(3) Thebegin insert two-yearend insert term of office of the faculty member of the
23board shall commence on July 1,begin delete and shall expire on June 30 two
24years thereafter.end delete
begin insert and, if the Governor has not appointed a successor
25under paragraph (1), the faculty member may remain in office
26after the term expires for one additional year, or until a successor
27is appointed by the Governor, whichever occurs first.end insert

begin insert

28(d) (1) (A) A permanent nonfaculty employee, who is not in a
29management personnel plan, a confidential classification, or an
30excluded classification, also shall be appointed by the Governor
31to serve on the board for a two-year term. An independent
32systemwide staff council formed for this purpose shall provide a
33list of two nominees for the Governor’s consideration and the
34Governor shall appoint one of these nominees.

end insert
begin insert

35(B) The employee organizations of permanent nonfaculty
36employees of the California State University shall fund the council
37to be established pursuant to this paragraph.

end insert
begin insert

38(2) The permanent nonfaculty employee member of the board
39appointed pursuant to this subdivision shall not participate on any
P7    1subcommittee of the board responsible for collective bargaining
2negotiations.

end insert
begin insert

3(3) The term of office of the permanent nonfaculty employee
4member of the board appointed pursuant to this subdivision shall
5commence on July 1 and shall expire on June 30 two years
6thereafter.

end insert
begin insert

7(4) The permanent nonfaculty employee member of the board
8shall receive compensation for board service only as authorized
9pursuant to Section 66604.5.

end insert
10begin insert

begin insertSEC. 2.end insert  

end insert
begin insert

Section 1.5 of this bill incorporates amendments to
11Section 66602 of the Education Code proposed by both this bill
12and AB 2324. It shall only become operative if (1) both bills are
13enacted and become effective on or before January 1, 2015, (2)
14each bill amends Section 66602 of the Education Code, and (3)
15this bill is enacted after AB 2324, in which case Section 1 of this
16bill shall not become operative.

end insert


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