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 require the Governor to appoint a permanent nonfaculty employee of the university as one of the 16 appointive members of the board, as specified. The bill would require a systemwide staff council, as specified, to provide to the Governor a list of 2 nominees for the Governors consideration, and would require the Governor to appoint one of the nominees to fill a vacancy in an appointive position on the board. The bill would require that this appointive position on the board thereafter be filled only by permanent nonfaculty employees appointed in accordance with this bill. 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.

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 require the Governor also to appoint a permanent nonfaculty employee of the university for a 2-year term, as one of the 16 appointive members of the board, as specified. The bill would require a systemwide staff council, as specified, to provide to the Governor a list of 2 nominees for the Governors consideration, and would require the Governor to appoint one of the nominees. nominees to fill a vacancy in an appointive position on the board. The bill would require that this appointive position on the board thereafter be filled only by permanent nonfaculty employees appointed in accordance with this bill. 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.

Existing law sets forth the missions and functions of the 4 segments that comprise the states postsecondary education system. These segments are the University of California, administered by the Regents of the University of California, the California State University, administered by the Trustees of the California State University, the California Community Colleges, administered by the Board of Governors of the California Community Colleges, and independent institutions of higher education.

This bill would express the intent of the Legislature to enact legislation relating to postsecondary education in this state.

GOVERNOR'S VETO

GV Bill Id:AB 2386

Author:(Williams and Cristina Garcia)

As Enrolled Ver:August 26, 2016

2/3 vote

SUMMARY: Revises the membership of the California State University (CSU) Trustees by requiring the Governor to appoint a permanent nonfaculty CSU employee for a two-year term. Specifically, this bill:

1. Specifies that one of the 16 appointive members of the Board of Trustees (BOT), as specified, shall be a permanent nonfaculty employee, who is not in a management personnel plan, or confidential classification, or an excluded classification.
2. Specifies that an independent systemwide staff council, that is formed solely for the purpose of suggesting eligible potential appointees to the Governor, shall consist of permanent employees who are not management personnel and who are not in confidential or excluded classifications; and, the Governor shall appoint one of these nominees to fill a vacancy in an appointive position on the BOT.
3. Specifies that the appointive position on the BOT shall thereafter be filled only by permanent nonfaculty employees appointed, as specified.
4. Requires the employee organizations of permanent nonfaculty employees of the CSU to fund the systemwide staff council, as specified.
5. Prohibits the permanent nonfaculty employee Trustee from participating on any subcommittee of the BOT responsible for collective bargaining negotiations.
6. Specifies that the permanent nonfaculty employee Trustee shall receive compensation for BOT service, as specified and authorized.
7. Clarifies that the two-year term of office of the faculty member of the board shall commence on July 1, and, if the Governor has not appointed a successor, as specified, the faculty member may remain in office after the term expires for one additional year, or until a successor is appointed by the Governor, whichever occurs first.

EXISTING LAW:

1. Establishes the CSU to be administered by the BOT, which consists of:
   1. Five ex-officio members: i) the Governor, ii) the Lieutenant Governor, iii) Speaker of the Assembly, iv) the Superintendent of Public Instruction, and v) the Chancellor of the CSU;
   2. Sixteen Governor Appointees confirmed by two-thirds of the Senate, each serving an eight-year term;
   3. One alumni association representative, who cannot be an employee of the CSU, appointed by the Governor serving a two-year term;
   4. One tenured CSU faculty representative appointed by the Governor, for a two-year term, from a list of names of at least two persons furnished by the CSU Academic Senate. The faculty member cannot participate on any subcommittees of the board responsible for collective bargaining negotiations; and,
   5. Two CSU students appointed by the Governor for staggered two-year terms from a list of nominees furnished by the governing board of any statewide student organization that represents CSU students and the student body organizations of the CSU campuses. Only one student is eligible to vote at any time (Education Code (EC) Section 66602).
2. Authorizes each appointive Trustee to receive actual and necessary travel expenses and $100 for each day he or she is attending to official business (EC 66604.5).

FISCAL EFFECT: According to the Assembly Appropriations Committee, as it does for the faculty BOT representative, CSU would buy out the represented staff member's time while in service on the BOT. Those costs would depend on the type of employee appointed to the board. Represented staff annual salaries range from $33,000 (groundskeeper) to $220,000 (physician), though relatively few staff are at the high end of this range

COMMENTS: Role of the CSU Trustees. The BOT is responsible for the oversight of the CSU. The Trustees adopt rules, regulations, and policies governing the CSU. The Trustees have authority over curricular development, use of property, development of facilities, and fiscal and human resources management.

The 25-member BOT meets six times per year. Board meetings allow for communication among the Trustees, Chancellor, campus presidents, executive committee members of the statewide Academic Senate, representatives of the California State Student Association, and officers of the statewide Alumni Council.

Purpose of this measure. According to the author, the CSU BOT governs all 23 campuses of the CSU and is represented by alumni, faculty, students, administration, ex officio members, and Governor appointees. The author contends that classified employees are the only unrepresented entity on the Board. The author states that, "This bill is necessary as there has never been an appointment of a classified employee in the Boards 34 year existence. An appointment would give voice to the 20,000 classified staff members employed by the CSU."

Prior legislation. AB 2721 (Pan) of 2014, which was vetoed by the Governor, was similar in nature to this measure.

SB 644 (Burton), Chapter 860, 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 California Community Colleges.

GOVERNOR'S VETO MESSAGE:

This bill would require one of my appointments to the California State University (CSU) Board of Trustees to be a permanent non-faculty employee of the CSU, preselected by a newly created systemwide staff council.

While the knowledge and perspective of rank-and-file employees should be sought out and considered within the decision-making authority of the board, I am not convinced that constraining the Gubernatorial appointments process is necessary when other alternatives could achieve the same result.

I would advise both the Trustees and the Chancellor to find ways to utilize the expertise of non-faculty employees in considering the many issues that come before the board.

Analysis Prepared by: Jeanice Warden / HIGHER ED. / (916) 319-3960 FN: 0005061

 THIRD READING 

Bill No: AB 2386

Author: Williams (D) and Cristina Garcia (D), et al.

Amended: 5/31/16 in Assembly

Vote: 21

SENATE EDUCATION COMMITTEE: 7-2, 6/22/16

AYES: Liu, Block, Hancock, Leyva, Mendoza, Monning, Pan

NOES: Huff, Vidak

SENATE APPROPRIATIONS COMMITTEE: 5-2, 8/11/16

AYES: Lara, Beall, Hill, McGuire, Mendoza

NOES: Bates, Nielsen

ASSEMBLY FLOOR: 63-12, 6/2/16 - See last page for vote

SUBJECT: Postsecondary education: California State University: trustees

SOURCE: Author

DIGEST: This bill modifies the membership of the California State University (CSU) Board of Trustees by requiring that one of the Governor's 16 appointments to the Board be a permanent non-faculty CSU employee.

ANALYSIS:

Existing law:

1. Establishes the CSU to be administered by the Trustees of the CSU. The composition of the 25-member Board of Trustees includes:
   1. Five ex-officio members: (i) the Governor, (ii) the Lieutenant Governor, (iii) Speaker of the Assembly, (iv) the Superintendent of Public Instruction, and (v) the Chancellor of the CSU.
   2. 16 Governor Appointees confirmed by two-thirds of the Senate, each serving an eight-year term.
   3. One alumni association representative, who cannot be an employee of the CSU, appointed by the Governor serving a two-year term.
   4. One tenured CSU faculty representative appointed by the Governor, for a two-year term, from a list of names of at least two persons furnished by the CSU Academic Senate. The faculty member cannot participate on any subcommittees of the board responsible for collective bargaining negotiations.
   5. Two CSU students appointed by the Governor for staggered two-year terms from a list of nominees furnished by the governing board of any statewide student organization that represents CSU students and the student body organizations of the CSU campuses. Only one student is eligible to vote at any time. (Education Code § 66602)
2. Authorizes each appointive Trustee to receive actual and necessary travel expenses and $100 for each day he or she is attending to official business. (EC 66604.5)

This bill:

1. Modifies the membership of the CSU Board of Trustees by requiring that one of the Governor's 16 appointments to the Board be a permanent non-faculty CSU employee who is not in a management personnel plan, a confidential classification, or an excluded classification.
2. Providers for an independent systemwide staff council consisting of permanent employees who are not management personnel and who are not in confidential or excluded classifications formed solely for the purpose of providing a list of two nominees for the Governor’s consideration.
3. Requires the Governor to appoint one of the nominees from the list provided by the independent systemwide staff council, as specified and that the appointive position on the Board of Trustees thereafter be filled only by permanent non-faculty employees.
4. Requires the employee organizations of permanent non-faculty employees of the CSU to fund the systemwide staff council, as specified.
5. Prohibits the permanent non-faculty employee Trustee from participating on any subcommittee of the Board of Trustees responsible for collective bargaining negotiations.
6. Clarifies that the permanent non-faculty employee Trustee receives compensation for the Board of Trustees service, as specified and authorized.

Comments

1. Need for the bill. The author is concerned that every segment of the CSU, faculty, administration, students, and alumni, currently has a voice on the CSU Board of Trustees, with the exception of classified employees. This bill ensures a voice on the governing board for over 20,000 employees of the CSU system. These employees include operations and support services, student and administrative support, healthcare staff, skilled crafts, public safety personnel, technical and analytical staff, and academic support staff. This bill requires that the staff representative to the Board of Trustees be a permanent non-faculty employee who is not in a management personnel plan, a confidential classification, or an excluded classification, selected by a committee made up of classified employee representatives.
2. Can’t the Governor already make these types of appointments? The Governor can already make appointments to the Board of Trustees as envisioned in this bill without changing the structure of the appointments. Inserting an additional appointee requirement may limit the overall flexibility provided to the executive of the state of ensuring the general mission and goals of the CSU are maintained. Further, it is within the purview of the Senate to either accept or reject the appointments made. According to the author, a non-faculty employee never been appointed to the CSU Board of Trustees.
3. Who are non-faculty employees? As mentioned non-faculty employees include operations and support services, student and administrative support, healthcare staff, skilled crafts, public safety personnel, technical and analytical staff, and academic support staff. A few examples include janitors, dorm supervisors, nurses, electricians and campus police. This bill attempts to provide representation on the CSU Board of Trustees specifically for those employees responsible for operations and support services and thereby excludes managerial (i.e. Administrators, Vice Presidents, Deans, Senior Managers) and confidential employees who are described as having access to confidential or discretionary information from the provisions of this bill. The incorporation of a staff representative on the Board of Trustees would provide a perspective that is not currently formally reflected in the CSU governance body.

Prior Legislation

AB 2721 (Pan, 2014) would have expanded the membership of the CSU Board of Trustees, by requiring the Governor to appoint to the Board, a permanent non-faculty employee. The bill modifies an existing gubernatorial appointment rather than adding an additional seat. AB 2721 was vetoed by the Governor who’s message read:

"This bill adds an additional member to the California State University Board of Trustees. Since the Board of Trustees was established in 1960, there have only been 4 additions to the Board. The last of these was the addition of the non-voting student member in 1999. I am not persuaded that increasing the membership of the Board beyond 25 is necessary."

SB 644 (Burton, Chapter 860, Statutes of 2003) designated one of the 13 gubernatorial appointments to the California Community Colleges (CCC) 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.

SB 1515 (Yee, 2012) would have changed the CSU Board of Trustees composition, increasing the number of faculty, students and represented staff. The bill was held in the Senate Appropriations Committee.

AB 2849 (Lowenthal, 2004) would have added one non-faculty member of CSU. The bill was vetoed by Governor Schwarzenegger.

AB 307 (Pavley, 2001) would have added one non-faculty member to the CSU Trustees. The bill was ultimately amended to a different subject matter.

SB 1604 (O'Connell, 2000) would have added one non-faculty member to the CSU Board of Trustees. The bill was held at the Senate Desk.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Senate Appropriations Committee:

• According to the CSU, consistent with the existing faculty Trustee, the CSU would buy out the represented staff member’s time while in service on the Board of Trustees as the member would be fully released from his or her existing duties. The CSU would support the costs of the temporary employee used to carry out the duties of Board member. These costs would depend upon the type of employee appointed to the Board as salaries range significantly. Represented staff annual salaries range from $33,000 (groundskeeper) to $220,000 (physician). This appointment would have an eight year term. (General Fund)
• No costs to form the system-wide staff council to provide a list of two nominees for the Governor’s consideration in making an appointment of a permanent non-faculty CSU employee to the Board. This bill requires the employee organizations of the permanent non-faculty employees of the CSU to fund the council.

SUPPORT: (Verified 8/12/16)

California Faculty Association

CSU Employees Union

Services Employees International Union California

University Professional and Technical Employees

OPPOSITION: (Verified 8/12/16)

California State University

ASSEMBLY FLOOR: 63-12, 6/2/16

AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brown, Burke, Calderon, Campos, Chang, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd, Eggman, Frazier, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Roger Hernández, Holden, Irwin, Jones-Sawyer, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mayes, McCarty, Medina, Mullin, Nazarian, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone, Thurmond, Ting, Weber, Williams, Wood, Rendon

NOES: Brough, Chávez, Beth Gaines, Grove, Harper, Jones, Mathis, Melendez, Obernolte, Wagner, Waldron, Wilk

NO VOTE RECORDED: Dahle, Gallagher, Hadley, Kim, Steinorth

Prepared by: Jonas Austin / SFA / (916) 651-1520

8/15/16 20:29:59

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

AB 2386 (Williams) - Postsecondary education: California State University: trustees

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

This bill modifies the membership of the California State University (CSU) Board of Trustees (Board) by requiring that one of the Governor's 16 appointments to the Board be a permanent non-faculty CSU employee.

Fiscal Impact:

• According to the CSU, consistent with the existing faculty Trustee, the CSU would buy out the represented staff member’s time while in service on the Board as the member would be fully released from his or her existing duties. The CSU would support the costs of the temporary employee used to carry out the duties of Board member. These costs would depend upon the type of employee appointed to the Board as salaries range significantly. Represented staff annual salaries range from $33,000 (groundskeeper) to $220,000 (physician). This appointment would have an eight year term. (General Fund)
• No costs to form the system-wide staff council to provide a list of two nominees for the Governor’s consideration in making an appointment of a permanent non-faculty CSU employee to the Board. This bill requires the employee organizations of the permanent non-faculty employees of the CSU to fund the council.

Background:

Existing law establishes the Board to administer the CSU. The Board is comprised of 25 Trustees including:

• Five ex-officio members: the Governor, the Lieutenant Governor, the Speaker of the Assembly, the Superintendent of Public Instruction, and the Chancellor of the CSU.
• 16 Governor Appointees confirmed by two-thirds of the Senate, each serving an eight year term.
• One alumni association representative appointed by the Governor serving a two year term.
• One tenured CSU faculty representative appointed by the Governor for a two year term from a list of names furnished by the CSU Academic Senate.
• Two CSU students appointed by the Governor for staggered two year terms from a list of nominees furnished by the governing board of any statewide student organization that represents CSU students and the student body organizations of the CSU campuses.

(Education Code § 66602)

According to the author’s office, this bill addresses the lack of representation of 20,000 CSU employees by assigning a vacant seat on the Board to a CSU classified employee. CSU classified staff include, but are not limited to, employees in the following areas: operations and support services, clerical and administrative support services, healthcare support staff, skilled crafts, public safety, technical and support staff, and academic support.

This bill attempts to provide representation on the CSU Board specifically for those employees responsible for operations and support services (i.e. janitors, grounds and food service workers) and thereby excludes managerial (i.e. administrators, vice presidents, deans, senior managers) and confidential employees who are described as having access to confidential or discretionary information from the provisions of this bill.

Proposed Law:

This bill requires that one of the Governor’s 16 appointments to the Board be a permanent non-faculty employee who is not in a management personal plan, a confidential classification, or an excluded classification. An independent system-wide staff council is required to provide a list of two nominees for the Governor’s consideration, and the Governor is required to appoint one of these nominees to fill a vacancy in an appointive position on the Board. This bill requires the employee organizations of permanent non-faculty employees to fund the system-wide staff council.

This bill prohibits the permanent non-faculty employee member of the Board from participating on any subcommittee of the Board responsible for collective bargaining negotiations. Finally, the permanent non-faculty employee member of the Board is required to receive compensation for Board service commensurate to each appointive Trustee for actual and necessary travel expenses and $100 for each day he or she is attending to official business.

Prior Legislation:

AB 2721 (Pan, 2014), similar to this bill, would have also expanded membership of the Board to include a permanent non-faculty employee. This bill (AB 2386) requires that an existing gubernatorial appointment be a permanent non-faculty employee instead of creating an additional seat. AB 2721 was vetoed by the Governor whose veto message says, in part, “I am not persuaded that increasing the membership of the Board beyond 25 is necessary.”

AB 2849 (Lowenthal, 2004) was also similar to this bill and was vetoed by Governor Schwarzenegger.

SB 644 (Burton, Chapter 860, Statutes of 2003) designated one of the 13 gubernatorial appointments to the California Community Colleges Board of Governors as a classified employee.

Staff Comments:

The Governor already has the ability to appoint a permanent non-faculty employee to the Board as required by this bill.

-- END --

SENATE COMMITTEE ON EDUCATION

Senator Carol Liu, Chair

2015 - 2016 Regular

Bill No: AB 2386

Subject: Postsecondary education: California State University: trustees

SUMMARY

This bill modifies the membership of the California State University (CSU) Board of Trustees by requiring that one of the Governor's sixteen appointments to the Board be a permanent non-faculty CSU employee.

BACKGROUND

Existing law:

1. Establishes the California State University to be administered by the Trustees of the California State University. The composition of the 25 member Board of Trustees includes:
2. Five (5) ex-officio members: (a) the Governor, (b) the Lieutenant

Governor, (c) Speaker of the Assembly, (d) the Superintendent of Public

Instruction, and (e) the Chancellor of the CSU.

1. Sixteen (16) Governor Appointees confirmed by two-thirds of the Senate,

each serving an eight-year term.

1. One (1) alumni association representative, who cannot be an employee of

the CSU, appointed by the Governor serving a two-year term.

1. One (1) tenured CSU faculty representative appointed by the Governor,

for a two-year term, from a list of names of at least two persons furnished

by the CSU Academic Senate. The faculty member cannot participate on any subcommittees of the board responsible for collective bargaining negotiations.

1. Two (2) CSU students appointed by the Governor for staggered two-year terms from a list of nominees furnished by the governing board of any statewide student organization that represents CSU students and the student body organizations of the CSU campuses. Only one student is eligible to vote at any time. (Education Code § 66602)
2. Authorizes each appointive Trustee to receive actual and necessary travel expenses and $100 for each day he or she is attending to official business.

(EC 66604.5)

ANALYSIS

1. This bill modifies the membership of the California State University (CSU) Board of Trustees by requiring that one of the Governor's sixteen appointments to the Board be a permanent non-faculty CSU employee who is not in a management personnel plan, a confidential classification, or an excluded classification.
2. Providers for an independent systemwide staff council consisting of permanent employees who are not management personnel and who are not in confidential or excluded classifications formed solely for the purpose of providing a list of two nominees for the Governor’s consideration.
3. Requires the governor to appoint one of the nominees from the list provided by the independent systemwide staff council, as specified and that the appointive position on the Board of Trustees thereafter be filled only by permanent non-faculty employees.
4. Requires the employee organizations of permanent non-faculty employees of the CSU to fund the systemwide staff council, as specified.
5. Prohibits the permanent non-faculty employee Trustee from participating on any subcommittee of the Board of Trustees responsible for collective bargaining negotiations.
6. Clarifies that the permanent non-faculty employee Trustee receives compensation for the Board of Trustees service, as specified and authorized.

STAFF COMMENTS

1. Need for the bill. The author is concerned that every segment of the University, faculty, administration, students, and alumni, currently has a voice on the CSU Board of Trustees, with the exception of classified employees. This bill would ensure a voice on the governing board for over 20,000 employees of the CSU system. These employees include operations and support services, student and administrative support, healthcare staff, skilled crafts, public safety personnel, technical and analytical staff, and academic support staff. This bill requires that the staff representative to the Board be a permanent non-faculty employee who is not in a management personnel plan, a confidential classification, or an excluded classification, selected by a committee made up of classified employee representatives.
2. Can’t the Governor already make these types of appointments? The governor can already make appointments to the Trustees as envisioned in this bill without changing the structure of the appointments. Inserting an additional appointee requirement may limit the overall flexibility provided to the executive of the state of ensuring the general mission and goals of the CSU are maintained. Further, it is within the purview of the Senate to either accept or reject the appointments made. According to the author, a non-faculty employee never been appointed to the California State University (CSU) Board of Trustees.
3. Who are non-faculty employees? As mentioned non-faculty employees include operations and support services, student and administrative support, healthcare staff, skilled crafts, public safety personnel, technical and analytical staff, and academic support staff. A few examples include janitors, dorm supervisors, nurses, electricians and campus police. This bill attempts to provide representation on the CSU Board specifically for those employees responsible for operations and support services and thereby excludes managerial (i.e. Administrators, Vice Presidents, Deans, Senior Managers) and confidential employees who are described as having access to confidential or discretionary information from the provisions of this bill. The incorporation of a staff representative on the Board of Trustees would provide a perspective that is not currently formally reflected in the CSU governance body.
4. Prior legislation. AB 2721 (Pan, 2014) would have expanded the membership of the CSU Board of Trustees, by requiring the Governor to appoint to the Board, a permanent non-faculty employee. This bill modifies an existing gubernatorial appointment rather than adding an additional seat. AB 2721 was vetoed by the Governor who’s message read:

"This bill adds an additional member to the California State University Board of Trustees. Since the Board of Trustees was established in 1960, there have only been 4 additions to the Board. The last of these was the addition of the non-voting student member in 1999. I am not persuaded that increasing the membership of the Board beyond 25 is necessary."

SB 644 (Burton, Chapter 860, Statutes of 2003) designated one of the 13 gubernatorial appointments to the California Community Colleges (CCC) Board of Trustees (BOT) 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.

SB 1515 (Yee, 2012) would have changed the CSU BOT composition, increasing the number of faculty, students and represented staff. This measure was held in the Senate Appropriations Committee.

AB 2849 (Lowenthal, 2004) would have added one non-faculty member of CSU. This bill was vetoed by Governor Schwarzenegger.

AB 307 (Pavley, 2001) would have added one non-faculty member to the

CSU Trustees. This bill was ultimately amended to a different subject matter.

SB 1604 (O'Connell, 2000) would have added one non-faculty member to the CSU Trustees. This bill was held at the Senate Desk.

SUPPORT

California Faculty Association

CSU Employees Union

Services Employees International Union (SEIU) California

University Professional and Technical Employees

OPPOSITION

California State University

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 2386

Author:(Williams and Cristina Garcia)

As Amended Ver:

Majority vote

SUMMARY: Revises the membership of the California State University (CSU) Trustees by requiring the Governor to appoint a permanent nonfaculty CSU employee for a 2-year term. Specifically, this bill:

1. Specifies that one of the 16 appointive members of the Board of Trustees (BOT), as specified, shall be a permanent nonfaculty employee, who is not in a management personnel plan, or confidential classification, or an excluded classification.
2. Specifies that an independent systemwide staff council, that is formed solely for the purpose of suggesting eligible potential appointees to the Governor, shall consist of permanent employees who are not management personnel and who are not in confidential or excluded classifications; and, the Governor shall appoint one of these nominees to fill a vacancy in an appointive position on the BOT.
3. Specifies that the appointive position on the BOT shall thereafter be filled only by permanent nonfaculty employees appointed, as specified.
4. Requires the employee organizations of permanent nonfaculty employees of the CSU to fund the systemwide staff council, as specified.
5. Prohibits the permanent nonfaculty employee Trustee from participating on any subcommittee of the BOT responsible for collective bargaining negotiations.
6. Specifies that the permanent nonfaculty employee Trustee shall receive compensation for BOT service, as specified and authorized.
7. Clarifies that the two-year term of office of the faculty member of the board shall commence on July 1, and, if the Governor has not appointed a successor, as specified, the faculty member may remain in office after the term expires for one additional year, or until a successor is appointed by the Governor, whichever occurs first.

EXISTING LAW:

1. Establishes the CSU to be administered by the BOT, which consists of:
   1. Five ex-officio members: i) the Governor, ii) the Lieutenant Governor, iii) Speaker of the Assembly, iv) the Superintendent of Public Instruction, and v) the Chancellor of the CSU;
   2. Sixteen Governor Appointees confirmed by two-thirds of the Senate, each serving an eight-year term;
   3. One alumni association representative, who cannot be an employee of the CSU, appointed by the Governor serving a two-year term;
   4. One tenured CSU faculty representative appointed by the Governor, for a two-year term, from a list of names of at least two persons furnished by the CSU Academic Senate. The faculty member cannot participate on any subcommittees of the board responsible for collective bargaining negotiations; and,
   5. Two CSU students appointed by the Governor for staggered two-year terms from a list of nominees furnished by the governing board of any statewide student organization that represents CSU students and the student body organizations of the CSU campuses. Only one student is eligible to vote at any time (Education Code (EC) Section 66602).
2. Authorizes each appointive Trustee to receive actual and necessary travel expenses and $100 for each day he or she is attending to official business (EC 66604.5).

FISCAL EFFECT: According to the Assembly Appropriations Committee, as it does for the faculty BOT representative, CSU would buy out the represented staff member's time while in service on the BOT. Those costs would depend on the type of employee appointed to the board. Represented staff annual salaries range from $33,000 (groundskeeper) to $220,000 (physician), though relatively few staff are at the high end of this range

COMMENTS: Role of the CSU Trustees. The BOT is responsible for the oversight of the CSU. The Trustees adopt rules, regulations, and policies governing the CSU. The Trustees have authority over curricular development, use of property, development of facilities, and fiscal and human resources management.

The 25-member BOT meets six times per year. Board meetings allow for communication among the Trustees, Chancellor, campus presidents, executive committee members of the statewide Academic Senate, representatives of the California State Student Association, and officers of the statewide Alumni Council.

Purpose of this measure. According to the author, the CSU BOT governs all 23 campuses of the CSU and is represented by alumni, faculty, students, administration, ex officio members, and Governor appointees. The author contends that classified employees are the only unrepresented entity on the Board. The author states that, "This bill is necessary as there has never been an appointment of a classified employee in the Boards 34 year existence. An appointment would give voice to the 20,000 classified staff members employed by the CSU."

Prior legislation. AB 2721 (Pan) of 2014, which was vetoed by the Governor, was similar in nature to this measure.

SB 644 (Burton), Chapter 860, 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 California Community Colleges.

Analysis Prepared by: Jeanice Warden / HIGHER ED. / (916) 319-3960 FN: 0003284

Date of Hearing: May 4, 2016

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

ABPCA Bill Id:AB 2386

Author:(Williams) – As Amended Ver:March 15, 2016

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires that one of the Governor's sixteen appointments to the California State University (CSU) Board of Trustees (BOT) be a nonfaculty CSU employee appointed to a two-year term. The appointee must be a permanent employee who is not in a management personnel plan, a confidential classification, or an excluded classification. The bill also requires an independent system staff council, funded by CSU employee organizations, to provide the Governor with a list of two nominees for the position.

FISCAL EFFECT:

As it does for the faculty BOT representative, CSU would buy out the represented staff member's time while in service on the BOT. Those costs would depend on the type of employee appointed to the board. Represented staff annual salaries range from $33,000 (groundskeeper) to $220,000 (physician), though relatively few staff are at the high end of this range.

COMMENTS:

1. Purpose. According to the author, the Trustees are represented by alumni, faculty, students, administration, ex officio members, and Governor appointees. The author contends that classified employees are the only unrepresented entity on the Board. The author states that, "This bill is necessary as there has never been an appointment of a classified employee in the Boards' 34 year existence. An appointment would give voice to the 20,000 classified staff members employed by the CSU."

It should be noted that the California Community College Board of Governors includes a nonfaculty appointment.

1. Background. The BOT consists of the following:
   1. Five ex officio members: the governor, Lieutenant Governor, Assembly Speaker, Superintendent of Public Instruction, and the Chancellor;
   2. An Alumni Trustee appointed by the CSU Statewide Alumni Council.
   3. A Faculty Trustee appointed by the governor from a list of nominees proposed by the Statewide Academic Senate.
   4. Two student trustees appointed by the governor from a list of nominees proposed by the California State Student Association. 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.
   5. Sixteen remaining trustees appointed by the governor, subject to Senate confirmation, and serving eight-year terms.
      
2. Prior Legislation. AB 2721 (Pan), which was similar to this measure, was vetoed. The Governor stated, "Since the Board of Trustees was established in 1960, there have only been 4 additions to the Board. The last of these was the addition of the non-voting student member in 1999. I am not persuaded that increasing the membership of the Board beyond 25 is necessary."
   
3. Opposition. While not opposed to having a non-faculty staff member as a Trustee, CSU believes the position should be open to all non-faculty, rather than excluding certain classifications as in AB 2386. CSU also argues that the staff council should be formed by the Chancellor and operated consistent with that of the Faculty Senate and the California State Student Association for their respective trustees.

Analysis Prepared by: Chuck Nicol / APPR. / (916) 319-2081

Date of Hearing: April 19, 2016

ASSEMBLY COMMITTEE ON HIGHER EDUCATION

Jose Medina, Chair

ABPCA Bill Id:AB 2386 (

Author:Williams) – As Amended Ver:March 15, 2016

SUBJECT: Postsecondary education: California State University: trustees.

SUMMARY: Revises the membership of the California State University (CSU) Trustees by requiring the Governor to appoint a permanent nonfaculty CSU employee for a 2-year term. Specifically, this bill:

1. Requires that a permanent nonfaculty employee, who is not in a management personnel plan, a confidential classification, or an excluded classification, also shall be appointed by the Governor to serve on the Board of Trustees for a two-year term.
2. Specifies that an independent systemwide staff council shall be formed in order to provide a list of two nominees for the Governor’s consideration; and, the Governor shall appoint one of these nominees.
3. Requires the employee organizations of permanent nonfaculty employees of the CSU to fund the council, as specified.
4. Prohibits the permanent nonfaculty employee Trustee from participating on any subcommittee of the Board of Trustees responsible for collective bargaining negotiations.
5. Specifies that the term of office of the permanent nonfaculty employee Trustee shall commence on July 1 and shall expire on June 30, two year thereafter.
6. Specifies that the permanent nonfaculty employee Trustee shall receive compensation for Board service, as authorized.

EXISTING LAW:

1. Establishes the CSU to be administered by the BOT, which consists of:
   1. Five ex-officio members: (i) the Governor, (ii) the Lieutenant Governor, (iii) Speaker of the Assembly, (iv) the Superintendent of Public Instruction, and (v) the Chancellor of the CSU;
   2. Sixteen Governor Appointees confirmed by two-thirds of the Senate, each serving an eight-year term;
   3. One alumni association representative, who cannot be an employee of the CSU, appointed by the Governor serving a two-year term;
   4. One tenured CSU faculty representative appointed by the Governor, for a two-year term, from a list of names of at least two persons furnished by the CSU Academic Senate. The faculty member cannot participate on any subcommittees of the board responsible for collective bargaining negotiations; and,
   5. Two CSU students appointed by the Governor for staggered two-year terms from a list of nominees furnished by the governing board of any statewide student organization that represents CSU students and the student body organizations of the CSU campuses. Only one student is eligible to vote at any time (Education Code (EC) Section 66602).
2. Authorizes each appointive Trustee to receive actual and necessary travel expenses and $100 for each day he or she is attending to official business (EC 66604.5).  

FISCAL EFFECT: Unknown

COMMENTS: Role of the CSU Trustees. The Board of Trustees is responsible for the oversight of the CSU. The Trustees adopt rules, regulations, and policies governing the CSU. The Trustees have authority over curricular development, use of property, development of facilities, and fiscal and human resources management.

The 25-member Board of Trustees meets six times per year. Board meetings allow for communication among the Trustees, Chancellor, campus presidents, executive committee members of the statewide Academic Senate, representatives of the California State Student Association, and officers of the statewide Alumni Council.

Purpose of this measure. According to the author, the CSU Board of Trustees governs all 23 campuses of the CSU and is represented by alumni, faculty, students, administration, ex officio members, and Governor appointees. The author contends that classified employees are the only unrepresented entity on the Board. The author states that, "This bill is necessary as there has never been an appointment of a classified employee in the Boards 34 year existence. An appointment would give voice to the 20,000 classified staff members employed by the CSU."

Policy considerations. This measure calls for the creation of an independent system wide staff council for the purposes of the council providing a list of eligible nominees for the Governor's consideration for an appointment as a Trustee. The measure is silent as to who makes up the council.

Moving forward, the author may wish to specify who comprises the council. Perhaps the council may be comprised of the exclusive representation of classified staff of the CSU.

Additionally, this measure calls for a permanent nonfaculty CSU employee to be appointed to the Board of Trustees. Committee staff understands that the author's intent is not to increase the current size of the Board, but rather revise the current makeup, in order to ensure at least one of the Governor's appointees is a nonfaculty CSU employee.

Moving forward, the author may wish to clarify that the permanent nonfaculty CSU employee to be appointed by the Governor, is to come from one of the Governor's existing 16 appointees.

Finally, this measure specifies that the term of office of the permanent nonfaculty employee member of the Board of Trustees appointed, shall commence on July 1 and expire on June 30, two years thereafter. However, the bill is silent as to what happens when the nonfaculty term expires and there is no new appointee slatted to resume the role; this could lead to having a nonfaculty Trustee vacancy for an unforeseen period of time.

Moving forward, the author may wish to consider whether or not it is appropriate to authorize the expiring nonfaculty Trustee's role to be extended in cases where his or her successor, has yet to be appointed.

Prior legislation. AB 2721 (Pan) of 2014, which was vetoed by the Governor, was similar in nature to this measure.

SB 644 (Burton), Chapter 860, 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.

REGISTERED SUPPORT / OPPOSITION:

Support

California State University Employees Union

Service Employees International Union

Opposition

None on file.

Analysis Prepared by: Jeanice Warden / HIGHER ED. / (916) 319-3960