Bill Text: CA AB986 | 2015-2016 | Regular Session | Amended
Bill Title: Community Colleges: Compton Community College District: report.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Failed) 2016-11-30 - From Senate committee without further action. [AB986 Detail]
Download: California-2015-AB986-Amended.html
BILL NUMBER: AB 986 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 23, 2015
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Gipson
FEBRUARY 26, 2015
An act to amend Section 71093 of the Education Code, relating to
postsecondary education.
LEGISLATIVE COUNSEL'S DIGEST
AB 986, as amended, Gipson. Community Colleges: Compton Community
College District: report.
Existing law establishes the California Community Colleges under
the administration of the Board of Governors of the California
Community Colleges. Existing law requires the board of governors to
appoint a chief executive officer, known as the Chancellor of the
California Community Colleges. Existing law provides for the
establishment of community college districts throughout the state,
including the Compton Community College District. Existing law
authorizes these districts to provide instruction to students at the
campuses operated by these districts.
Existing law authorizes the board of governors to suspend the
authority of the Board of Trustees of the Compton Community College
District for a period lasting until June 30, 2011, plus a period
lasting until the chancellor, the Fiscal Crisis and Management
Assistance Team, the Director of Finance, and the Secretary for
Education concur with the special trustee that the district, for 2
consecutive academic years, has met the requirements of the
comprehensive assessment conducted, and the recovery plan prepared,
pursuant to existing law. Existing law, in the event of a suspension,
authorizes the chancellor to appoint a special trustee to manage the
district, as specified.
This bill would require the special trustee
chancellor to report to the Legislature concerning the
priorities identified in each Fiscal Crisis and Management Assistance
Team report and to provide a response on how the special
trustee chancellor intends to resolve the issues
identified in the Fiscal Crisis and Management Assistance Team
report in a timely manner, not to exceed 150 days from
receipt of the report. manner. The bill would require
the chancellor to submit the report to the Legislature within 150
days following the issuance of each Fiscal Crisis and Management
Assistance Team report. In any instance that there is a decline
in performance identified in a report, the special trustee
chancellor would be required to also
specifically identify strategies for ensuring progress in its
response to that report. By imposing additional duties on a
community college district, this bill would impose a state-mandated
local program.
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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 71093 of the Education Code is amended to read:
71093. Notwithstanding any other provision of law:
(a) The board of governors may authorize the chancellor to suspend
the authority of the Board of Trustees of the Compton Community
College District, or of any of the members of that board, to exercise
any powers or responsibilities or to take any official actions with
respect to the management of the district, including any of the
district's assets, contracts, expenditures, facilities, funds,
personnel, or property. The board of governors may authorize
suspension for a period up to five years from the effective date of
Assembly Bill 318 of the 2005-06 Regular Session, plus a period
lasting until the chancellor, the Fiscal Crisis and Management
Assistance Team, the Director of Finance, and the Governor concur
with the special trustee that the district has, for two consecutive
academic years, met the requirements of the comprehensive assessment
conducted, and the recovery plan prepared, pursuant to Section
41329.59.
(b) A suspension authorized by this section becomes effective
immediately upon the delivery of a document to the administrative
offices of the Compton Community College District that sets forth the
finding of the chancellor that a suspension pursuant to this section
is necessary for the establishment of fiscal integrity and security
in that district.
(c) (1) If and when the chancellor suspends the authority of the
Board of Trustees of the Compton Community College District or any of
its members pursuant to this section, the chancellor may appoint a
special trustee as provided in paragraph (3) of subdivision (c) of
Section 84040, at district expense, to manage the district. The
chancellor is authorized to assume, and delegate to the special
trustee, those powers and duties of the Board of Trustees of the
Compton Community College District that the chancellor determines,
with the approval of the board of governors, are necessary for the
management of that district. The Board of Trustees of the Compton
Community College District may not exercise any of the duties or
powers assumed by the chancellor under this section.
(2) The chancellor may appoint as a special trustee under this
section a person who has served in a similar capacity prior to the
enactment of the act that adds this section. A special trustee
appointed under this section shall serve at the pleasure of the
chancellor.
(3) Notwithstanding any other provision of law, in order to
facilitate the appointment of the special trustee, the chancellor is
exempt, for the purposes of this section, from the requirements of
Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of
the Military and Veterans Code and Part 2 (commencing with Section
10100) of Division 2 of the Public Contract Code.
(d) Notwithstanding any other provision of law, at any time that
this section is in effect, the chancellor is authorized to assume,
and delegate to the special trustee, those powers and duties of the
Compton Community College District Personnel Commission that the
chancellor determines are necessary for the management of the
personnel functions of the Compton Community College District. The
personnel commission may not exercise any of the powers or duties
assumed by the chancellor.
(e) Notwithstanding any other provision of law, if the special
trustee has been a member of the State Teachers' Retirement System or
the Public Employees' Retirement System at any time prior to
appointment, he or she shall, for the period of service as special
trustee, be a member of the system to which he or she belonged,
unless the special trustee elects, in writing, not to be a member. If
the special trustee chooses to be a member, the special trustee
shall be placed on the payroll of the district, or the payroll of
another local education agency or other entity with which the
district has an exchange agreement pursuant to Section 87422 or other
applicable provisions of law, for the purpose of providing
appropriate contributions to the applicable retirement system.
(f) The special trustee appointed pursuant to this section is
authorized to do all of the following:
(1) Implement substantial changes in the fiscal policies and
practices of the Compton Community College District.
(2) Revise the academic program of the Compton Community College
District to reflect realistic income projections in response to the
dramatic effect of the changes in fiscal policies and practices upon
program quality.
(3) Encourage all members of the college community to accept a
fair share of the burden of the full recovery of the Compton
Community College District in the five operational areas of finance,
academics, personnel facilities, and governance.
(4) Enter into agreements on behalf of the Compton Community
College District and, subject to any contractual and statutory
obligation of the Compton Community College District, change any
existing district rules, regulations, policies, or practices as
necessary for the effective implementation of the recovery plan. Any
agreement authorized by this section shall be binding upon the
district for the term of the agreement, notwithstanding the removal
of the special trustee for any reason or the reinstatement of any
powers or responsibilities of the board of trustees. No agreement
authorized by this paragraph shall materially impair the security and
other interests of the holders of any bonds issued pursuant to
Article 9 (commencing with Section 63049.67) of Chapter 2 of Division
1 of Title 6.7 of the Government Code.
(5) Appoint an advisory committee to advise the special trustee
with respect to the management of the Compton Community College
District and the establishment and implementation of the arrangements
for provision of services by a partner district pursuant to Article
5 (commencing with Section 74292) of Chapter 5 of Part 46. This
advisory committee may include residents of the communities served by
the Compton Community College District, and any outside experts
deemed appropriate by the special trustee. No member of the advisory
committee shall receive any compensation or benefits for his or her
services as a member of the advisory committee.
(g) In the event of a vacancy in the special trustee position, the
chancellor shall temporarily assume all of the powers and duties of
the special trustee until another special trustee can be appointed
pursuant to this section.
(h) The special trustee chancellor
shall report to the Legislature concerning the priorities identified
in each Fiscal Crisis and Management Assistance Team report
conducted pursuant to Section 41329.59 and shall provide a
response on how the special trustee
chancellor intends to resolve the issues identified in the
Fiscal Crisis and Management Assistance Team report in a timely
manner, not to exceed 150 days from receipt of the report.
manner. The report shall be submitted to the
Legislature within 150 days following the issuance of each Fiscal
Crisis and Management Assistance Team report. In any instance
that there is a decline in performance, the special trustee
chancellor shall specifically identify
strategies for ensuring progress in its response to that report.
SEC. 2. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.
