AB 2163: Net energy metering: Imperial Irrigation District.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2016-08-19
Existing law requires every electric utility, defined to include an electrical corporation, local publicly owned electric utility, or an electrical cooperative, to develop a standard contract or tariff providing for net energy metering, as defined, and to make this contract or tariff available to eligible customer-generators upon request for generation by a renewable electrical generation facility. An electric utility, upon request, is required to make available to eligible customer-generators contracts or tariffs for net energy metering, on a first-come-first-served basis until the time that the total rated generating capacity used by eligible customer-generators exceeds 5% of the electric utilitys aggregate customer peak demand. Existing law provides that an electric utility that is not a large electrical corporation is not obligated to provide net energy metering to customers in its service area once the above level is reached.
The bill would require the Imperial Irrigation District to provide net metering service to eligible customer-generators that meet certain requirements, as specified. Because this bill would increase the level of service provided by a local publicly owned utility, this bill would impose a state-mandated local program.
This bill would make legislative findings and declarations as to the necessity of a special statute for the Imperial Irrigation District.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
This bill would declare that it is to take effect immediately as an urgency statute.
Existing law establishes the California State University, under the administration of the Trustees of the California State University, as one of the segments of public postsecondary education in this state. The California State University comprises 23 institutions of higher education, each of which is headed by a president who is appointed by the trustees.
This bill would require the trustees, in exercising its authority to appoint presidents, to require a person appointed as president of a campus of the California State University to participate in at least one public forum on that campus within 15 working days after the trustees make that appointment.
Existing law establishes the California State University, under the administration of the Trustees of the California State University, as one of the segments of public postsecondary education in this state. The California State University comprises 23 institutions of higher education, each of which is headed by a president who is appointed by the trustees.
This bill would prohibit the trustees from appointing a person as president of a campus of the California State University unless that person has participated in at least one public forum on that campus after being formally and publicly designated by the trustees as a finalist for appointment as president of that campus.
This bill would require the trustees, in exercising its authority to appoint presidents, to require a person appointed as president of a campus of the California State University to participate in at least one public forum on that campus within 15 working days after the trustees make that appointment.
Existing law establishes the California State University, under the administration of the Trustees of the California State University, as one of the segments of public postsecondary education in this state. The California State University comprises 23 institutions of higher education, each of which is headed by a president who is appointed by the trustees.
This bill would prohibit the trustees from appointing a person as president of a campus of the California State University unless that person has participated in at least one public forum on that campus after being formally and publicly designated by the trustees as a finalist for appointment as president of that campus.
(a)Notwithstanding paragraphs (1) and (4) of subdivision (c) of Section 2827, for the Imperial Irrigation District, net energy metering pursuant to Section 2827 shall be made available, continuously and without interruption, to an eligible customer-generator, as defined in Section 2827, who performed any of the following acts prior to July 19, 2016:
(1)Submitted a complete net energy metering application to, or applied for a solar rebate from, the district.
(2)Executed a contract for a renewable electrical generation facility to be located within the districts service territory.
(3)Contracted to purchase a new solar home located or to be located in the districts service territory.
(b)Notwithstanding the net energy metering program limit of paragraphs (1) and (4) of subdivision (c) of Section 2827 or any other law, net energy metering pursuant to Section 2827 shall be made available and without interruption to the Department of Corrections and Rehabilitation as an eligible customer-generator pursuant to subparagraph (B) of paragraph (4) of subdivision (b) of Section 2827 for facilities within the service territory of the Imperial Irrigation District for eligible renewable electric generation facilities developed pursuant to bids awarded on or before July 19, 2016.
(c)(1)Eligible customer-generators taking service under a net energy metering tariff or contract required by this section and Section 2827 with the Imperial Irrigation District shall be eligible to continue service under the net energy metering tariff under the same terms and conditions as eligible customer-generators who enrolled in net energy metering pursuant to paragraph (1) of subdivision (c) of Section 2827.
(2)The Imperial Irrigation District shall develop a contract or tariff for the Department of Corrections and Rehabilitation, as an eligible customer-generator pursuant to subparagraph (B) of paragraph (4) of subdivision (b) of Section 2827, consistent with the requirements of Section 2827.
(d)The Imperial Irrigation District shall send written notification to all customers eligible for net energy metering or net surplus compensation pursuant to subdivision (a) or (b) and shall make available all forms required by subdivision (d) of Section 2827 within 15 days of the effective date of this section. Enrollment in net energy metering and interconnection of an eligible customer-generator who has submitted a complete net energy metering application on or before July 19, 2016, shall occur consistent with the requirements of subdivision (e) of Section 2827 but shall occur no later than 60 days from the date the Imperial Irrigation District receives the completed application form or the effective date of this section, whichever is later.
(e)This section does not require Imperial Irrigation District to interconnect an eligible customer-generator unless that eligible customer-generator is the owner or occupant of the premises served by a renewable electrical generation facility.
SEC. 2.The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances of the Imperial Irrigation District.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
SEC. 4.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
To ensure that eligible customer-generators described in subdivision (a) or (b) of Section 2827.5 of the Public Utilities Code located in the service territory of the Imperial Irrigation District are provided with net energy metering service in an expeditious manner, it is necessary for this measure to take effect immediately.
SECTION 1.Section 89500.3 is added to the Education Code, to read:89500.3.In exercising its authority to appoint campus presidents, the trustees shall require a person appointed as president of a campus of the California State University to participate in at least one public forum on that campus within 15 working days after the trustees make that appointment.
In exercising its authority to appoint campus presidents, the trustees shall not appoint a person as president of a campus of the California State University unless that person has participated in at least one public forum on that campus after being formally and publicly designated by the trustees as a finalist for appointment as president of that campus. the trustees shall require a person appointed as president of a campus of the California State University to participate in at least one public forum on that campus within 15 working days after the trustees make that appointment.
In exercising its authority to appoint campus presidents, the trustees shall not appoint a person as president of a campus of the California State University unless that person has participated in at least one public forum on that campus after being formally and publicly designated by the trustees as a finalist for appointment as president of that campus.
|
Date
|
Status
|
|---|---|
| Jun 16, 2016 | In committee: Hearing postponed by committee. |
| Aug 31, 2016 | In committee: Hearing postponed by committee. |
| Aug 30, 2016 | Re-referred to Com. on E., U., & C. |
| Aug 30, 2016 | Joint Rules 61 and 62(a) suspended. (Ayes 27. Noes 12. Page 5511.) |
| Aug 30, 2016 | Joint Rules 61 and 62 (a) suspended. |
| Aug 22, 2016 | Read second time. Ordered to third reading. |
| Aug 22, 2016 | From committee: Be re-referred to Com. on RLS. pursuant to Senate Rule 29.10(c). Re-referred to Com. on RLS. |
| Aug 22, 2016 | From committee: Be re-referred to Com. on RLS. pursuant to Senate Rule 29.10 (c). Re-referred to Com. on RLS. |
| Aug 19, 2016 | Read third time and amended. Ordered to second reading. |
| Aug 2, 2016 | Read second time. Ordered to third reading. |
| Aug 1, 2016 | From committee: Be placed on second reading file pursuant to Senate Rule 28.8. |
| Jun 29, 2016 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 1.) (June 29). Re-referred to Com. on APPR. |
| Jun 22, 2016 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on ED. |
| Feb 17, 2016 | Read first time. To print. |
| Jun 15, 2016 | In committee: Set, first hearing. Testimony taken. Further hearing to be set. |
| Jun 9, 2016 | Referred to Com. on ED. |
| Jun 2, 2016 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Jun 1, 2016 | Read third time. Passed. Ordered to the Senate. (Ayes 49. Noes 27.) |
| Jun 1, 2016 | Read third time. Passed. Ordered to the Senate. (Ayes 49. Noes 27. Page 5141.) |
| Jun 1, 2016 | Read third time. Passed. Ordered to the Senate. |
| May 31, 2016 | Read second time. Ordered to third reading. |
| May 27, 2016 | From committee: Do pass. (Ayes 13. Noes 6.) (May 27). |
| Apr 27, 2016 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 13, 2016 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 5.) (April 12). Re-referred to Com. on APPR. |
| Feb 29, 2016 | Referred to Com. on HIGHER ED. |
| Feb 18, 2016 | From printer. May be heard in committee March 19. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Jun 29, 2016 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Education |
Passed |
|
| Jun 1, 2016 | AB 2163 LOW Assembly Third Reading | Assembly Floor |
Passed |
|
| May 27, 2016 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 12, 2016 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Higher Education |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Academic Senate for California Community Colleges | * Support | Jun 15, 2016 |
| California Faculty Associaiton | * Support | Jun 15, 2016 |
| California Faculty Association | * Support | Jun 15, 2016 |
| California Labor Federation, Afl-Cio | * Support | Jun 15, 2016 |
| California State Student Association | * Against | Jun 15, 2016 |
| California State Student Association | * Against Unless Amend | Jun 15, 2016 |
| California State University | ** Against | Jun 15, 2016 |
| California State University Employees Union (Csueu) | * Support | Jun 15, 2016 |
| California Teachers Association | * Support | Jun 15, 2016 |
| CSU Academic Senate | * Against | Jun 15, 2016 |
| HIGHER ED. | ** Against | Jun 1, 2016 |
| SEIU California State Council | * Support | Jun 15, 2016 |
| u California State Student Association | * Against | Jun 15, 2016 |
| USA North 811 | * Support | Jul 2, 2018 |
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 2163
:
SENATE EDUCATION COMMITTEE: 8-1, 6/29/16
AYES: Liu, Block, Hancock, Leyva, Mendoza, Monning, Pan, Vidak
NOES: Huff
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 49-27, 6/1/16 - See last page for vote
DIGEST: This bill requires the Trustees of the California State University (CSU), in exercising its authority to appoint presidents, to hold at least one public forum with an appointed president of a campus within 15 working days after the appointment is made.
ANALYSIS: Existing law establishes the CSU, under the administration of the Trustees of the CSU, as one of the segments of public postsecondary education in this state. The CSU comprises 23 institutions of higher education, each of which is headed by a president who is appointed by the trustees. (Education Code § 66600)
This bill requires the Trustees of the CSU, in exercising its authority to appoint presidents, to require a person appointed as president of a campus to participate in at least one public forum on that campus within 15 working days after the trustees make that appointment.
Comments
- Rationale for the bill. This bill emerges out of a concern regarding the process for appointment of a CSU campus president. Prior to 2011, the CSU required campus visits that included an open forum with candidate(s). The slate of final candidates who visit the campus were required to be announced in advance of their visits. This policy changed in 2011. Campus visits are now an optional component of the search process.
According to the California Faculty Association, all but a few CSU campus academic senates have adopted resolutions in favor of reinstating campus visits within the hiring process. The author asserts, “the CSU is the largest public university system in the country, and there is an urgent need for a more transparent selection process. Requiring finalists to participate in a public campus based forum will allow for the involvement and participation of the CSU community, which includes students, parents, faculty and staff.”
- Current policy. The current Policy for the Selection of Presidents was adopted by the Trustees in September of 2011. When there is an impending vacancy on a campus, CSU Board of Trustees policy directs the chair of the board to appoint a Trustee Committee for the selection of the President comprised of the board’s chair, four trustees and the chancellor. A second committee is also empaneled, the Advisory Committee to the Trustees committee, to provide advice and consultation. The Advisory Committee is comprised of campus representatives, including:
- The chair of the campus Academic Senate;
- Two additional faculty representatives, selected by the campus faculty;
- A member of the campus support staff, selected by the staff;
- A student, selected by the constituted representatives of the student body;
- A member of the campus Advisory Board, selected by that board;
- An alumni of the campus, selected by the campus Alumni Association;
- A vice president or academic dean from the campus;
- The president of another CSU campus; and,
- Two additional members from constituent groups can be appointed by either the chair of the board or the chancellor to ensure diversity of the campus and/or service area is thoroughly considered during the search.
At the front end of the selection process this Advisory Committee and the Board of Trustees committee host an open forum with the campus community at the campus to gain input on the needs of the campus, and the desired attributes of the new President. These committees determine the final list of candidates to be advanced to the Board of Trustees. The chancellor and chair of the Trustees Committee determine whether to schedule a campus visit, which is optional. The process is confidential until a finalist for the position is announced.
- Appointments made in the last three years. According to CSU, "beyond the campus itself, the two biggest criteria that come into play when developing a final pool of candidates is the ability to go through the process confidentially and executive compensation." According to the CSU, candidate pools have greatly increased since CSU’s presidential selection process was modified in 2011 to make a campus visit for semi-finalists optional. Fourteen campus presidents have been appointed under the new policy in the last three years. Among the campus presidents selected in 2016, all five are women, which bring the total number of women presidents to 11 of the 23 campuses.
CSU notes that the appointments made since the implementation of the new policy have resulted in the most diverse cohort of campus presidents in any system nationally. CSU believes eliminating the confidentiality that is afforded candidates under the new policy would adversely impact the applicant pool and that CSU would lose the opportunity to attract the best candidates both nationally and internally.
The provisions in this bill require an individual, within 15 days after being appointed president, to participate in an open forum on campus. This would ensure that the campus community has an opportunity to engage with a new president shortly after the appointment as well as allow the selection process to remain confidential for candidates competing for the position.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
California State University
None received
ASSEMBLY FLOOR: 49-27, 6/1/16
AYES: Alejo, Travis Allen, Arambula, Atkins, Bloom, Bonilla, Bonta, Brown, Burke, Calderon, Campos, Chau, Chiu, Cooper, Dababneh, Daly, Dodd, Eggman, Frazier, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Roger Hernández, Holden, Irwin, Jones-Sawyer, Lopez, Low, McCarty, Medina, Mullin, Nazarian, O'Donnell, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone, Thurmond, Weber, Williams, Wood, Rendon
NOES: Achadjian, Baker, Bigelow, Brough, Chang, Chávez, Dahle, Beth Gaines, Gallagher, Grove, Hadley, Harper, Jones, Kim, Lackey, Levine, Linder, Mathis, Mayes, Melendez, Obernolte, Olsen, Patterson, Steinorth, Wagner, Waldron, Wilk
NO VOTE RECORDED: Chu, Cooley, Maienschein, Ting
8/3/16 18:36:24
**** END ****
SENATE COMMITTEE ON EDUCATION
Senator Carol Liu, Chair
2015 - 2016 Regular
Bill No: AB 2163
Author: | |||
Version: | June 22, 2016 Hearing Date: June 29, 2016 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Olgalilia Ramirez | ||
Subject: California State University: appointment of campus presidents
NOTE: This bill was previously heard by this Committee on June 15, 2016. No vote was taken. The author has amended the bill to respond to concerns raised in the prior committee analysis. The analysis has been updated to reflect those amendments.
SUMMARY
This bill requires the Trustees of the California State University (CSU), in exercising its authority to appoint presidents, to hold at least one public forum with an appointed president of a campus within 15 working days after the appointment is made.
BACKGROUND
Existing law establishes the CSU, under the administration of the Trustees of the CSU, as one of the segments of public postsecondary education in this state. The CSU comprises 23 institutions of higher education, each of which is headed by a president who is appointed by the trustees. (Education Code § 66600)
ANALYSIS
This bill requires the Trustees of the CSU, in exercising its authority to appoint presidents, to require a person appointed as president of a campus to participate in at least one public forum on that campus within 15 working days after the trustees make that appointment.
STAFF COMMENTS
- Rationale for the bill. This bill emerges out of a concern regarding the process for appointment of a CSU campus president. Prior to 2011, the CSU required campus visits that included an open forum with candidate(s). The slate of final candidates who visit the campus were required to be announced in advance of their visits. This policy changed in 2011. Campus visits are now an optional component of the search process.
According to the California Faculty Association, all but a few CSU campus academic senates have adopted resolutions in favor of reinstating campus visits within the hiring process. The author asserts, “the CSU is the largest public university system in the country, and there is an urgent need for a more transparent selection process. Requiring finalists to participate in a public campus based forum will allow for the involvement and participation of the CSU community, which includes students, parents, faculty and staff.”
- Current policy. The current Policy for the Selection of Presidents was adopted by the Trustees in September of 2011. When there is an impending vacancy on a campus, California State University (CSU) Board of Trustees policy directs the chair of the board to appoint a Trustee Committee for the selection of the President comprised of the board’s chair, four trustees and the chancellor. A second committee is also empaneled, the Advisory Committee to the Trustees committee, to provide advice and consultation. The Advisory Committee is comprised of campus representatives, including:
- The chair of the campus Academic Senate;
- Two additional faculty representatives, selected by the campus faculty;
- A member of the campus support staff, selected by the staff;
- A student, selected by the constituted representatives of the student body;
- A member of the campus Advisory Board, selected by that board;
- An alumni of the campus, selected by the campus Alumni Association;
- A vice president or academic dean from the campus;
- The president of another CSU campus; and,
- Two additional members from constituent groups can be appointed by either the chair of the board or the chancellor to ensure diversity of the campus and/or service area is thoroughly considered during the search.
At the front end of the selection process this Advisory Committee and the Board of Trustees committee host an open forum with the campus community at the campus to gain input on the needs of the campus, and the desired attributes of the new President. These committees determine the final list of candidates to be advanced to the Board of Trustees. The chancellor and chair of the Trustees Committee determine whether to schedule a campus visit, which is optional. The process is confidential until a finalist for the position is announced.
- Appointments made in the last three years. According to CSU, "beyond the campus itself, the two biggest criteria that come into play when developing a final pool of candidates is the ability to go through the process confidentially and executive compensation." According to the CSU, candidate pools have greatly increased since CSU’s presidential selection process was modified in 2011 to make a campus visit for semi-finalists optional. Fourteen campus presidents have been appointed under the new policy in the last three years. Among the campus presidents selected in 2016, all five are women, which bring the total number of women presidents to 11 of the 23 campuses.
The California State University (CSU) notes that the appointments made since the implementation of the new policy have resulted in the most diverse cohort of campus presidents in any system nationally. CSU believes eliminating the confidentiality that is afforded candidates under the new policy would adversely impact the applicant pool and that CSU would lose the opportunity to attract the best candidates both nationally and internally.
The provisions in this bill require an individual, within 15 days after being appointed president, to participate in an open forum on campus. This would ensure that the campus community has an opportunity to engage with a new president shortly after the appointment as well as allow the selection process to remain confidential for candidates competing for the position.
SUPPORT
California State University
OPPOSITION
None received on this version.
-- END --
SENATE COMMITTEE ON EDUCATION
Senator Carol Liu, Chair
2015 - 2016 Regular
Bill No:
Author: | Low | ||
Version: | Hearing Date: June 15, 2016 | ||
Urgency: | Fiscal: | ||
Consultant: | |||
Subject:
SUMMARY
This bill prohibits the Trustees of the California State University (CSU) from appointing a president of a campus unless that person has participated in at least one public forum on that campus after being formally and publicly designated by the trustees as a finalist for an appointment as president of that campus.
BACKGROUND
Existing law establishes the CSU, under the administration of the Trustees of the CSU, as one of the segments of public postsecondary education in this state. The CSU comprises 23 institutions of higher education, each of which is headed by a president who is appointed by the trustees. (Education Code § 66600)
ANALYSIS
This bill prohibits the Trustees of the CSU from appointing a president of a campus unless that person has participated in at least one public forum on that campus after being formally and publicly designated by the trustees as a finalist for an appointment as president of that campus.
STAFF COMMENTS
- Rationale for the bill. This bill emerges out of a concern regarding the process for appointment of a CSU campus president. Prior to 2011, the CSU required campus visits that included an open forum with candidate(s). The slate of final candidates who visit the campus were required to be announced in advance of their visits. This policy changed in 2011. Campus visits are now an optional component of the search process.
According to the California Faculty Association, all but a few CSU campus academic senates have adopted resolutions in favor of reinstating campus visits within the hiring process. The author asserts, “the CSU is the largest public university system in the country, and there is an urgent need for a more transparent selection process. Requiring finalist to participate in a public campus based forum will allow for the involvement and participation of the CSU community, which includes students, parents, faculty and staff.”
This bill requires CSU to hold at least one public forum before the final appointment as president of a campus is made.
- Current policy. The current Policy for the Selection of Presidents was adopted by the Trustees in September of 2011. When there is an impending vacancy on a campus, California State University (CSU) Board of Trustees policy directs the chair of the board to appoint a Trustee Committee for the selection of the President comprised of the board’s chair, four trustees and the chancellor. A second committee is also empaneled, the Advisory Committee to the Trustees committee, to provide advice and consultation. The Advisory Committee is comprised of campus representatives, including:
- The chair of the campus Academic Senate;
- Two additional faculty representatives, selected by the campus faculty;
- A member of the campus support staff, selected by the staff;
- A student , selected by the constituted representatives of the student body;
- A member of the campus Advisory Board, selected by that board;
- An alumni of the campus, selected by the campus Alumni Association;
- A vice president or academic dean from the campus;
- The president of another CSU campus; and,
- Two additional members from constituent groups can be appointed by either the chair of the board or the chancellor to ensure diversity of the campus and/or service area is thoroughly considered during the search.
At the front end of the selection process this Advisory Committee and the Board of Trustees committee host an open forum with the campus community at the campus to gain input on the needs of the campus, and the desired attributes of the new President. These committees determine the final list of candidates to be advanced to the Board of Trustees. The chancellor and chair of the Trustees Committee determine whether to schedule a campus visit, which is optional. The process is confidential until a finalist for the position is announced.
- Appointments made in the last three years. According to CSU, "beyond the campus itself, the two biggest criteria that come into play when developing a final pool of candidates is the ability to go through the process confidentially and executive compensation." According to the CSU, candidate pools have greatly increased since CSU’s presidential selection process was modified in 2011 to make a campus visit for semi-finalists optional. Fourteen campus presidents have been appointed under the new policy in the last three years. Among the campus presidents selected in 2016, all five are women, which bring the total number of women presidents to 11 of the 23 campuses.
- Things to consider. The CSU notes that the appointments made since the implementation of the new policy have resulted in the most diverse cohort of campus presidents in any system nationally. CSU believes eliminating the confidentiality that is afforded candidates under the new policy would adversely impact the applicant pool and that CSU would lose the opportunity to attract the best candidates both nationally and internally. This raises several concerns for the committee.
- Under current law, the Trustees of the California State University are afforded the powers, duties, and functions with respect to the management, administration the system.
Should the Legislature insert itself in a university hiring process that appears to be yielding both gender and ethnic diversity in campus leadership?
- Under the current policy the selection committees host an open forum on campus to solicit input on the needs of the campus, and the desired attributes of the new President. These public forums are publicly noticed, LiveStreamed, web archived, publicly available and are provided to the candidates and to the full Board of Trustees. An additional channel of public input via a confidential email address is provided to the campus community for those who were unable to attend the public forum. Additionally the Advisory Committee to the Trustees committee is comprised of students, faculty, staff and alumni. The current policy provides that any member of this committee can object to advancing a candidate as finalist.
It appears that the current process affords ample opportunity for the involvement and participation of the CSU community. How much more transparency is necessary?
- According to the CSU, policy changes in 2011 were in part a response to calls from the Legislature to address executive compensation issues by expanding opportunities to hire internal to the state and system.
While proponents argue for more transparency, what level of transparency is appropriate for a presidential search? What is the trade-off between transparency and affording qualified individuals from within the CSU system to maintain professional discretion? How would requiring a candidate to participate in a public forum before a final appointment is made limit the applicant pool? Would this discourage qualified individuals from within the CSU system from applying?
SUPPORT
California Faculty Association
California Labor Federation
California State University Employees Union
OPPOSITION
California State Student Association
California State University
-- END --
ASSEMBLY THIRD READING
ATR Bill Id:AB 2163
Author:(Low)
As Introduced Ver:February 17, 2016
Majority vote
Committee | Votes | Ayes | Noes |
Higher Education | 7-5 | Medina, Bloom, Irwin, Jones-Sawyer, Low, Santiago, Weber | Baker, Levine, Linder, Olsen, Williams |
Appropriations | 13-6 | Gonzalez, Bloom, Bonilla, Bonta, Calderon, Eggman, Eduardo Garcia, Roger Hernández, Holden, Quirk, Santiago, Weber, Wood | Bigelow, Chang, Gallagher, Jones, Obernolte, Wagner |
SUMMARY: Would prohibit the California State University (CSU) Board of Trustees (Trustees) from appointing a campus president unless that person has participated in at least one public forum on that campus after being formally and publicly designated by the Trustees as a finalist for appointment as president of that campus.
EXISTING LAW: Provides that the CSU Trustees are responsible for the government of their appointees and employees, including appointment, terms, duties, pay and overtime, travel expenses and allowances, housing and lodging rates, benefits, among other items.
FISCAL EFFECT: According to the Assembly Appropriations Committee, CSU reports the Trustees meet with presidential finalists the day prior to a regularly scheduled board meeting to select the president. Under this bill, this selection meeting would have to occur earlier, so that the finalist could subsequently attend the campus forum, after which the finalist would presumably be approved at the regularly-scheduled board meeting. An extra board meeting would cost about $30,000. In addition, conducting a public forum would involve travel for the finalist, the non-campus members of the search committee, and support staff, and live-streaming of the publicly-noticed event, would be about $20,000. Based on a recent average of three to four presidential appointments annually, total costs would be $150,000 to $200,000 annually. These costs would be less to the extent a finalist for more than one campus would be determined simultaneously.
COMMENTS: Background. The Policy for the Selection of Presidents was adopted by the Trustees in September of 2011 and provides that the Trustees, in partnership with the CSU Chancellor, are responsible for the recruitment, selection and appointment of CSU campus presidents. The policy indicates that "there is a deep commitment throughout the process to the principles of consultation with campus and community representatives and diversity."
Purpose of this bill. According to the author, "currently, the selection process is confidential until the candidate for the position has already been announced, leaving no opportunity for a public forum. While the CSU has a policy in place for president and chancellor searches, it is neither transparent nor inclusive of the campus community. In the past several years, CSU Channel Islands, Chico, Sacramento, San Jose, Sonoma, Stanislaus and Humboldt have all conducted a president search. According to their campus websites, they held public forums at the beginning of the search to establish the search committee and solicit feedback, but never held public forums with the finalists. The CSU is the largest public university system in the country, and there is an urgent need for a more open and transparent selection process. An open selection process will allow for the involvement and participation of the CSU community, which includes students, parents, faculty and staff."
Arguments in opposition. According to CSU, the current Trustees process aims to uphold the role of the campus community and final authority of the Trustees in selecting a president. The policy also respects the professional needs of candidates to ensure the broadest and most exemplary leaders would be comfortable in being part of the search process. According to CSU, the existing policy ensures that all campus stakeholders have a role in review and selection of candidates. According to CSU, "beyond the campus itself, the two biggest criteria that come into play when developing a final pool of candidates is the ability to go through the process confidentially and executive compensation." By eliminating the confidentiality that candidates are currently afforded during the process, CSU believes this bill would negatively impact the applicant pool and that CSU would miss the opportunity to attract the best candidates.
Prior CSU policy. Under the CSU policy prior to 2011, the Chancellor, working with the Advisory Committee to the Committee for the Selection of the President (ACTCSP) and the chair of the Trustee Committee for Selection of the President (TCSP), was required to determine nature of campus visits by the final slate of candidates. The purpose of the campus visit was to encourage candidates to remain interested in pursuing the presidency by engaging in ideas with campus constituents groups and through promotion of the campus and the community. While the campus visits were not designed to be used for formal evaluation of candidates, every effort was supposed to be made to shape the visit so that it generated a foundation for the new president's success on campus. The slate of final candidates who visit the campus was required to be announced in advance of their visits.
According to communication from the CSU Trustees to the CSU campus community, the 2011 changes to the policy "protects internal candidates, while also increasing the available pool of external candidates, by making the public campus visits optional. Too often we have seen candidates, particularly current presidents of other universities, withdraw from consideration because of the high profile nature of campus visits. It is important to understand that we are not recommending the elimination of campus visits. The presidential selection committee may choose to conduct campus visits publicly or in a modified manner, whichever is in the best interest of the campus." Committee staff understands that since the policy change in 2011 campus visits have been rarely conducted.
Analysis Prepared by: Laura Metune / HIGHER ED. / (916) 319-3960 FN: 0003121
Date of Hearing: April 27, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
ABPCA Bill Id:AB 2163
Author:(Low) – As Introduced Ver:February 17, 2016
Policy Committee: | Higher Education | Vote: | 7 - 5 |
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill prohibits the California State University (CSU) Board of Trustees (Trustees) from appointing a campus president unless that person has participated in at least one public forum on that campus after being designated by the Trustees as a finalist for appointment as president.
FISCAL EFFECT:
According to CSU, the Trustees meet with presidential finalists the day prior to a regularly scheduled board meeting to select the president. Under this bill, this selection meeting would have to occur earlier, so that the finalist could subsequently attend the campus forum, after which the finalist would presumably be approved at the regularly-scheduled board meeting. An extra board meeting would cost about $30,000. In addition, conducting a public forum would involve travel for the finalist, the non-campus members of the search committee, and support staff, and live-streaming of the publicly-noticed event, would be about $20,000.
Based on a recent average of three to four presidential appointments annually, total costs would be $150,000 to $200,000 annually. These costs would be less to the extent a finalist for more than one campus would be determined simultaneously.
COMMENTS:
- Background. Under the Trustees current policy for selecting presidents, a committee made up of trustees is appointed to do the search and selection. This trustees' committee in turn appoints an advisory committee, which is mostly made up of campus representatives. After reviewing applicants and conducting interviews, the CSU Chancellor and the chair of the trustees committee determine whether to schedule campus visits. The Trustees typically select a president from the candidates submitted by the trustees committee.
- Purpose. According to the author, "currently, the selection process [for campus presidents] is confidential until the candidate for the position has already been announced, leaving no opportunity for a public forum…An open selection process will allow for the involvement and participation of the CSU community, which includes students, parents, faculty and staff." This bill is sponsored by the California Faculty Association.
- Opposition. According to CSU, "beyond the campus itself, the two biggest criteria that come into play when developing a final pool of candidates is the ability to go through the process confidentially and executive compensation." By eliminating the confidentiality that candidates are currently afforded during the process, CSU believes this bill would negatively impact the applicant pool and that CSU would miss the opportunity to attract the best candidates.
Analysis Prepared by: Chuck Nicol / APPR. / (916) 319-2081
Date of Hearing: April 12, 2016
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Jose Medina, Chair
ABPCA Bill Id:AB 2163 (
Author:Low) – As Introduced Ver:February 17, 2016
SUBJECT: California State University: appointment of campus presidents
SUMMARY: Would prohibit the California State University (CSU) Board of Trustees (Trustees) from appointing a campus president unless that person has participated in at least one public forum on that campus after being formally and publicly designated by the Trustees as a finalist for appointment as president of that campus.
EXISTING LAW: Provides that the CSU Trustees are responsible for the government of their appointees and employees, including appointment, terms, duties, pay and overtime, travel expenses and allowances, housing and lodging rates, benefits, among other items.
FISCAL EFFECT: Unknown.
COMMENTS: Background. The Policy for the Selection of Presidents was adopted by the Trustees in September of 2011 and provides that the Trustees, in partnership with the CSU Chancellor, are responsible for the recruitment, selection and appointment of CSU campus presidents. The policy indicates that "there is a deep commitment throughout the process to the principles of consultation with campus and community representatives and diversity."
The Policy requires all of the following:
The Chair of the Trustees appoints a Trustee Committee for Selection of the President (TCSP) for any campus with an impending vacancy. The TCSP is composed of the Chair of the Trustees, four Trustees, and the Chancellor. The Chair designates a Trustee as chair of the TCSP.
- The TCSP, among other duties, identifies job responsibilities and interviews candidates. Although the TCSP is the ultimate body to make the final decisions, including the advancement of candidates to the full Board, the process is to be conducted in a manner that includes the campus representatives.
- The Chair of the Trustees appoints an advisory group to the TCSP, known as the Advisory Committee to the Committee for the Selection of the President (ACTCSP). The ACTCSP is composed of:
- Chair of the campus Academic Senate;
- Two faculty representatives selected by the campus faculty;
- One member of the campus support staff selected by the staff;
- One member of the campus Advisory Board selected by that board;
- One alumnus/alumna of the campus selected by the campus Alumni Association;
- One Vice President or academic Dean from the campus; and,
- The president of another CSU campus selected by the Chancellor.
- The Chair of the Board or the Chancellor may appoint up to two additional members from constituent groups to the ACTCSP "to strengthen its capacity to cope with the complex requirements of a specific search, including diversity of the campus, the service area or the state."
- ACTSCP provides advice and consultation regarding the position and campus descriptions. ACTCSP members may also suggest potential candidates. The ACTCSP reviews and comments on all candidate applications, participates in candidate interviews and the deliberations that lead to the selection of the final candidate(s).
- The process requires strict confidentiality among the TCSP and the ACTCSP. The Chair may dismiss a member of the TCSP or ACTCSP for violating confidentiality requirements.
- The TCSP meets initially, together with the ACTCSP, to discuss the needs of the campus and the desired attributes of a new President. The policy specifies that the "committees also receive information from the campus and the community on these subjects."
- After reviewing applicants and conducting interviews, the Chancellor and the Chair of TCSP determine whether to schedule campus visits, which are optional, or to schedule campus visits on a modified basis, depending on the circumstances of the search.
- The Trustees will normally confine itself to the names presented by the TCSP, but reserves the right to depart from the recommended candidate(s) or from the procedures in the policy.
Purpose of this bill. According to the author, "currently, the selection process is confidential until the candidate for the position has already been announced, leaving no opportunity for a public forum. While the CSU has a policy in place for president and chancellor searches, it is neither transparent nor inclusive of the campus community. In the past several years, CSU Channel Islands, Chico, Sacramento, San Jose, Sonoma, Stanislaus and Humboldt have all conducted a president search. According to their campus websites, they held public forums at the beginning of the search to establish the search committee and solicit feedback, but never held public forums with the finalists. The CSU is the largest public university system in the country, and there is an urgent need for a more open and transparent selection process. An open selection process will allow for the involvement and participation of the CSU community, which includes students, parents, faculty and staff."
Arguments in support. According to the California Faculty Association (CFA), this bill will require the names of a finalist for the position of a campus president be made public and will require a finalist to participate in a public, campus-based forum. According to CFA, "the CSU is at a critical juncture and is in the midst of economic pressures from years of decreased funding and a growing student population. An open selection process will allow for the involvement and participation of the CSU community, which includes students, parents, faculty and staff. "
Arguments in opposition. According to CSU, the current Trustees process aims to uphold the role of the campus community and final authority of the Trustees in selecting a president. The policy also respects the professional needs of candidates to ensure the broadest and most exemplary leaders would be comfortable in being part of the search process. According to CSU, the existing policy ensures that all campus stakeholders have a role in review and selection of candidates. According to CSU, "beyond the campus itself, the two biggest criteria that come into play when developing a final pool of candidates is the ability to go through the process confidentially and executive compensation." By eliminating the confidentiality that candidates are currently afforded during the process, CSU believes this bill would negatively impact the applicant pool and that CSU would miss the opportunity to attract the best candidates.
Scope of proposal. While not prohibited, this bill, as currently drafted, does not require the submission of multiple names to the public/campus. An interpretation of this bill could be that only the finalist name is provided publically prior to selection by the Trustees. For example, compliance with the public disclosure of the candidate could be achieved by CSU indicating the candidate name on the meeting agenda for the meeting where the appointment of that candidate will be made. Trustees meeting agendas are released 10-days in advance of meetings. The candidate would then have 10-days to hold a public forum at the CSU campus. A narrow interpretation of this bill may alleviate some of the concerns surrounding the willingness of highly qualified candidates to apply and submit to the open forum process.
Prior CSU policy. Under the CSU policy prior to 2011, the Chancellor, working with the ACTCSP and the chair of the TCSP, was required to determine nature of campus visits by the final slate of candidates. The purpose of the campus visit was to encourage candidates to remain interested in pursuing the presidency by engaging in ideas with campus constituents groups and through promotion of the campus and the community. While the campus visits were not designed to be used for formal evaluation of candidates, every effort was supposed to be made to shape the visit so that it generated a foundation for the new president’s success on campus. The slate of final candidates who visit the campus was required to be announced in advance of their visits.
According to communication from the CSU Trustees to the CSU campus community, the 2011 changes to the policy "protects internal candidates, while also increasing the available pool of external candidates, by making the public campus visits optional. Too often we have seen candidates, particularly current presidents of other universities, withdraw from consideration because of the high profile nature of campus visits. It is important to understand that we are not recommending the elimination of campus visits. The presidential selection committee may choose to conduct campus visits publicly or in a modified manner, whichever is in the best interest of the campus." Committee staff understands that since the policy change in 2011 campus visits have been rarely conducted.
REGISTERED SUPPORT / OPPOSITION:
Support
California Faculty Association (Sponsor)
California Labor Federation
California State University Employees Union
SEIU California
Opposition
California State University
Analysis Prepared by: Laura Metune / HIGHER ED. / (916) 319-3960
Discussed in Hearing
View Older HearingsBill Author
Bill Co-Author(s):