BILL ANALYSIS �
AB 2721
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Date of Hearing: April 22, 2014
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Das Williams, Chair
AB 2721 (Pan) - As Introduced: April 8, 2014
SUBJECT : Trustees of the California State University:
nonfaculty employees.
SUMMARY : Would add a nonfaculty employee to the California
State University (CSU) Board of Trustees (BOT). Specifically,
this bill :
1)Would add to the CSU BOT a nonfaculty employee of the CSU
covered by the Higher Education Employer-Employee Relations
Act (HEERA), appointed by the Governor to serve a two-year
term.
2)Would require a nonfaculty employee committee consisting of
one representative from each of the employee organizations to
provide the Governor a list of at least two nominees for the
appointment, with all nominees having received a majority vote
of the representatives of the committee.
3)Requires the employee organizations of nonfaculty employees to
fund the aforementioned selection committee.
4)Prohibits the nonfaculty employee BOT member from
participating on any subcommittee of the board responsible for
collective bargaining negotiations.
5)Provides that the term of office for the nonfaculty employee
shall commence on July 1 and shall expire on June 30 two years
thereafter.
EXISTING LAW establishes the CSU to be administered by the BOT,
which consists of:
1)Five ex officio members: the Governor, Lieutenant Governor,
Speaker of the Assembly, State Superintendent of Public
Instruction, and the Chancellor;
2)An Alumni Trustee appointed by the CSU Statewide Alumni
Council to serve for a two-year term, which expires at the end
of the two years;
AB 2721
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3)A Faculty Trustee appointed by the Governor from a list of
nominees proposed by the Statewide Academic Senate to serve a
two-year term which commences on July 1 and expires on June 30
two years thereafter;
4)Two student trustees appointed by the Governor from a list of
nominees proposed by the California State Student Association.
These student trustees serve staggered two-year terms. One has
full voting powers; the second, non-voting student trustee
succeeds to the voting position upon the expiration of the
term of the first. The terms commence on July 1, every other
year, and expire on June 30 two years thereafter;
5)Sixteen remaining trustees are appointed by the Governor,
confirmed by 2/3 of the State Senate, and serve eight year
terms. Trustees confirmed by the senate remain on the board
until a replacement is named or 60 days after their term
expires whichever comes first.
FISCAL EFFECT : Unknown
COMMENTS : Purpose of this bill . According to the author,
"Every segment of the university has a voice on the BOT:
faculty, administration, students - even alumni - but not
classified employees. Classified employees help keep CSU
campuses operating; ensuring campuses are clean and safe;
provide classroom, financial aid and other support services; and
provide a supportive learning environment." The author argues
this bill will ensure a voice on the BOT to "represent over
20,000 employees at 23 CSU campuses and the Office of the
Chancellor."
Union representation . Collective bargaining creates a process
for employees to negotiate with management; in the CSU, the BOT
approves contracts. By placing a nonfaculty member selected
from a list furnished by classified employee unions this bill
may create a possible conflict of interest. As the author
notes, the CSU BOT currently includes a tenured faculty member.
However, it should be noted that the Governor's appointment of
the faculty BOT member is from a list furnished by the Academic
Senate of the CSU, and not the union that represents faculty at
the bargaining table.
Precedent for direct union representation . SB 644 (Burton,
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Statutes of 2003) designated one of the 13 gubernatorial
appointments to the California Community Colleges Board of
Trustees as a classified employee, with the appointment made
from a list of at least three persons furnished by the exclusive
representatives of classified employees of the CCC.
Related legislation . AB 2324 (Williams) was approved by this
Committee on April 1, 2014, and provides that the two-year term
of office of the faculty member of the CSU BOT may continue
after the term expires for an additional term if the Governor
has not appointed a successor. Should AB 2721 and AB 2324 both
move forward to the Governor, amendments to ensure proper
chaptering will be necessary.
Prior legislation . SB 1515 (Yee, 2012) would have provided for
several changes to the composition of the BOT, including
requiring representation from a nonfaculty employee. SB 1515
was held in the Senate Appropriations Committee. AB 2849
(Lowenthal, 2004) would have added one nonfaculty member of CSU.
This bill was vetoed by Governor Schwarzenegger. AB 307
(Pavley, 2001) and SB 1604 (O'Connell, 2000) were identical to
this bill. Both bills were heard and approved by the Assembly
Higher Education Committee. AB 307 was subsequently amended to
address a different subject matter. SB 1604 was approved by the
Legislature but subsequently withdrawn from enrollment and held
at the Senate Desk.
REGISTERED SUPPORT / OPPOSITION :
Support
CSU Employees Union (Sponsor)
Opposition
California State University, Office of the Chancellor
Analysis Prepared by : Laura Metune / HIGHER ED. / (916)
319-3960