Bill Text: CA AB2721 | 2013-2014 | Regular Session | Enrolled
Bill Title: Trustees of the California State University: nonfaculty employees.
Spectrum: Bipartisan Bill
Status: (Vetoed) 2014-09-29 - Vetoed by Governor. [AB2721 Detail]
Download: California-2013-AB2721-Enrolled.html
BILL NUMBER: AB 2721 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 25, 2014
PASSED THE ASSEMBLY AUGUST 26, 2014
AMENDED IN SENATE AUGUST 20, 2014
AMENDED IN SENATE AUGUST 18, 2014
AMENDED IN SENATE JULY 2, 2014
AMENDED IN ASSEMBLY APRIL 8, 2014
INTRODUCED BY Assembly Member Pan
(Coauthor: Assembly Member Patterson)
FEBRUARY 21, 2014
An act to amend Section 66602 of the Education Code, relating to
postsecondary education.
LEGISLATIVE COUNSEL'S DIGEST
AB 2721, Pan. Trustees of the California State University:
nonfaculty employees.
Existing law establishes the various campuses of the California
State University under the administration of the Trustees of the
California State University. Existing law provides for the membership
of the Trustees of the California State University to include 5
specified ex officio members, 16 members appointed by the Governor
and subject to confirmation by the Senate, one representative of the
alumni associations, 2 student members appointed by the Governor, and
a faculty member appointed by the Governor.
This bill would revise the membership of the board of trustees by
requiring the Governor also to appoint a permanent nonfaculty
employee of the university for a 2-year term, as specified. The bill
would require a systemwide staff council, as specified, to provide to
the Governor a list of 2 nominees for the Governor's consideration,
and would require the Governor to appoint one of the nominees. The
bill would provide that the permanent nonfaculty employee member of
the board shall receive actual and necessary travel expenses and $100
for each day he or she is attending to official business of the
trustees.
This bill would incorporate changes to Section 66602 of the
Education Code proposed by AB 2324, to become operative if AB 2324
and this bill are chaptered and become effective on or before January
1, 2015, and this bill is chaptered last.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 66602 of the Education Code is amended to read:
66602. (a) The board shall be composed of the following five ex
officio members: the Governor, the Lieutenant Governor, the
Superintendent of Public Instruction, the Speaker of the Assembly,
and the person named by the trustees to serve as the Chancellor of
the California State University; a representative of the alumni
associations of the state university, selected for a two-year term by
the alumni council, California State University, which
representative shall not be an employee of the California State
University during the two-year term; and 16 members appointed by the
Governor and subject to confirmation by two-thirds of the membership
of the Senate.
(b) (1) Two students from the California State University, who
shall have at least sophomore year standing at the institutions they
attend, and who remain in good standing as students during their
respective terms, shall also be appointed by the Governor to serve on
the board for two-year terms.
(2) In the selection of students as members of the board, the
Governor shall appoint the students from lists of names of at least
two, but not more than five, persons furnished by the governing board
of any statewide student organization that represents the students
of the California State University and the student body organizations
of the campuses of the California State University. Any appointment
to fill a vacancy of a student member shall be effective only for the
remainder of the term of the student member's office that became
vacated.
(3) The term of office of one student member of the board shall
commence on July 1 of an even-numbered year and expire on June 30 two
years thereafter. The term of office of the other student member of
the board shall commence on July 1 of an odd-numbered year and expire
on June 30 two years thereafter. Notwithstanding paragraph (1), a
student member who graduates from his or her college or university on
or after January 1 of the second year of his or her term of office
may serve the remainder of the term.
(4) (A) During the first year of a student member's term, a
student member shall be a member of the board and may attend all
meetings of the board and its committees. At these meetings, a
student member may fully participate in discussion and debate, but
may not vote. During the second year of a student member's term, a
student member may exercise the same right to attend meetings of the
board, and its committees, and shall have the same right to vote as
the members appointed pursuant to subdivision (a).
(B) Notwithstanding subparagraph (A), during the first year of a
student member's term, the student member may vote at a board meeting
if the other student member is absent from that meeting due to
illness, a family emergency, or a medical emergency.
(5) Notwithstanding paragraph (4), if a student member resigns
from office or a vacancy is otherwise created in that office during
the second year of a student member's term, the remaining student
member shall immediately assume the office created by the vacancy and
all of the participation privileges of the second-year student
member, including the right to vote, for the remainder of that term
of office.
(6) A student member shall have his or her tuition fee waived for
the duration of his or her term of office.
(c) (1) A faculty member from the California State University, who
shall be tenured at the California State University campus at which
he or she teaches, shall also be appointed by the Governor to serve
on the board for a two-year term. In the selection of a faculty
member as a member of the board, the Governor shall appoint the
faculty member from a list of names of at least two persons furnished
by the Academic Senate of the California State University.
(2) The faculty member of the board appointed by the Governor
pursuant to this subdivision shall not participate on any
subcommittee of the board responsible for collective bargaining
negotiations.
(3) The term of office of the faculty member of the board shall
commence on July 1, and shall expire on June 30 two years thereafter.
(d) (1) (A) 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 for a two-year term. An independent systemwide
staff council formed for this purpose shall provide a list of two
nominees for the Governor's consideration and the Governor shall
appoint one of these nominees.
(B) The employee organizations of permanent nonfaculty employees
of the California State University shall fund the council to be
established pursuant to this paragraph.
(2) The permanent nonfaculty employee member of the board
appointed pursuant to this subdivision shall not participate on any
subcommittee of the board responsible for collective bargaining
negotiations.
(3) The term of office of the permanent nonfaculty employee member
of the board appointed pursuant to this subdivision shall commence
on July 1 and shall expire on June 30 two years thereafter.
(4) The permanent nonfaculty employee member of the board shall
receive compensation for board service only as authorized pursuant to
Section 66604.5.
SEC. 1.5. Section 66602 of the Education Code is amended to read:
66602. (a) The board shall be composed of the following five ex
officio members: the Governor, the Lieutenant Governor, the
Superintendent of Public Instruction, the Speaker of the Assembly,
and the person named by the trustees to serve as the Chancellor of
the California State University; a representative of the alumni
associations of the state university, selected for a two-year term by
the alumni council, California State University, which
representative shall not be an employee of the California State
University during the two-year term; and 16 members appointed by the
Governor and subject to confirmation by two-thirds of the membership
of the Senate.
(b) (1) Two students from the California State University, who
shall have at least sophomore year standing at the institutions they
attend, and who remain in good standing as students during their
respective terms, shall also be appointed by the Governor to serve on
the board for two-year terms.
(2) In the selection of students as members of the board, the
Governor shall appoint the students from lists of names of at least
two, but not more than five, persons furnished by the governing board
of any statewide student organization that represents the students
of the California State University and the student body organizations
of the campuses of the California State University. Any appointment
to fill a vacancy of a student member shall be effective only for the
remainder of the term of the student member's office that became
vacated.
(3) The term of office of one student member of the board shall
commence on July 1 of an even-numbered year and expire on June 30 two
years thereafter. The term of office of the other student member of
the board shall commence on July 1 of an odd-numbered year and expire
on June 30 two years thereafter. Notwithstanding paragraph (1), a
student member who graduates from his or her college or university on
or after January 1 of the second year of his or her term of office
may serve the remainder of the term.
(4) (A) During the first year of a student member's term, a
student member shall be a member of the board and may attend all
meetings of the board and its committees. At these meetings, a
student member may fully participate in discussion and debate, but
may not vote. During the second year of a student member's term, a
student member may exercise the same right to attend meetings of the
board, and its committees, and shall have the same right to vote as
the members appointed pursuant to subdivision (a).
(B) Notwithstanding subparagraph (A), during the first year of a
student member's term, the student member may vote at a board meeting
if the other student member is absent from that meeting due to
illness, a family emergency, or a medical emergency.
(5) Notwithstanding paragraph (4), if a student member resigns
from office or a vacancy is otherwise created in that office during
the second year of a student member's term, the remaining student
member shall immediately assume the office created by the vacancy and
all of the participation privileges of the second-year student
member, including the right to vote, for the remainder of that term
of office.
(6) A student member shall have his or her tuition fee waived for
the duration of his or her term of office.
(c) (1) A faculty member from the California State University, who
shall be tenured at the California State University campus at which
he or she teaches, shall also be appointed by the Governor to serve
on the board for a two-year term. In the selection of a faculty
member as a member of the board, the Governor shall appoint the
faculty member from a list of names of at least two persons furnished
by the Academic Senate of the California State University.
(2) The faculty member of the board appointed by the Governor
pursuant to this subdivision shall not participate on any
subcommittee of the board responsible for collective bargaining
negotiations.
(3) 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 under paragraph (1), 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.
(d) (1) (A) 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 for a two-year term. An independent systemwide
staff council formed for this purpose shall provide a list of two
nominees for the Governor's consideration and the Governor shall
appoint one of these nominees.
(B) The employee organizations of permanent nonfaculty employees
of the California State University shall fund the council to be
established pursuant to this paragraph.
(2) The permanent nonfaculty employee member of the board
appointed pursuant to this subdivision shall not participate on any
subcommittee of the board responsible for collective bargaining
negotiations.
(3) The term of office of the permanent nonfaculty employee member
of the board appointed pursuant to this subdivision shall commence
on July 1 and shall expire on June 30 two years thereafter.
(4) The permanent nonfaculty employee member of the board shall
receive compensation for board service only as authorized pursuant to
Section 66604.5.
SEC. 2. Section 1.5 of this bill incorporates amendments to
Section 66602 of the Education Code proposed by both this bill and AB
2324. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2015, (2) each bill
amends Section 66602 of the Education Code, and (3) this bill is
enacted after AB 2324, in which case Section 1 of this bill shall not
become operative.
