California Assembly Bill AB2109 Amended / Bill

 BILL NUMBER: AB 2109AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 5, 2010 INTRODUCED BY Assembly Member Ruskin FEBRUARY 18, 2010 An act to amend Section  71090.5   71092  of, and to add Section 70900.7 to, the Education Code, and to amend Section 11000 of the Government Code, relating to the California Community Colleges. LEGISLATIVE COUNSEL'S DIGEST AB 2109, as amended, Ruskin. California Community  Colleges.   Colleges: employees: appointments.  (1) Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. Existing law requires the board of governors to appoint a chief executive officer, known as the Chancellor of the California Community Colleges, and requires the chancellor to execute the duties and responsibilities delegated to him or her by the board of governors.  Existing law requires the Governor to appoint up to 6 deputy and vice chancellors of the community colleges recommended by the board of governors and exempts those deputy and vice chancellors from state civil service.   This bill would increase the number of deputy and vice chancellors that the Governor is required to appoint up to 8 deputy and vice chancellors recommended by the board of governors.  The bill would also express the intent of the Legislature that,  before   any  legislation that, by its terms, applies to the state or its agencies, departments, or boards,  may   shall not  apply to the California Community Colleges,  unless  that legislation  should be   is directly  compatible with the mission and functions of the California Community Colleges. The bill would express legislative intent that the California Community Colleges not be governed by any statute enacted after January 1, 2011,  that does not amend a previously applicable act and that applies generally to the state or to state agencies, departments, or boards,  unless the statute expressly provides that the California Community Colleges are to be governed by that statute.  (2) Existing law requires the board to employ and fix the compensation of certain employees as it deems necessary for the effective conduct of the work of the board and the chancellor's office.   Notwithstanding any other provision of law, this bill would authorize the board to appoint an individual without permanent civil service status to a position classified as a career executive assignment if the individual has a minimum of 5 years' work experience in certain capacities. This bill would prohibit individuals accepting these appointments from having a right of return to state civil service upon termination of employment.   (2)   (3)  Existing law defines "state agency," for the purposes of numerous statutes in the Government Code, to include every state office, officer, department, division, bureau, board, and commission, except that, for these purposes, "state agency" does not include the California State University, with respect to specified statutes that are added or amended effective on or after January 1, 1997, unless a statute explicitly provides that it applies to the university. This bill would amend that definition to specify that "state agency" for these purposes also does not include the California Community Colleges, with respect to specified statutes that are added or amended  effective on or  after January 1, 2011, unless a statute explicitly provides that it applies to the California Community Colleges. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature finds and declares all of the following: (a) California Community College students are served by 112 colleges, 72 community college districts, and a state agency system office that is led by the Chancellor of the California Community Colleges on behalf of the 17-member Board of Governors of the California Community Colleges. (b) The responsibilities of the Office of the Chancellor of the California Community Colleges have grown in scope and complexity in the past decade, while staffing has been reduced from 250 to 161 state employees. (c) The chancellor's office is responsible for the annual distribution of Proposition 98 community college apportionments, fiscal and program oversight, facilities planning, overseeing the development and coordination of information technology, systemwide budget and legislative advocacy, and policy and leadership guidance. (d) The Chancellor of the California Community Colleges plays a pivotal role in leading the system in working through this challenging time, while continuing to find new and innovative approaches to providing community college access and success. Success in this endeavor will greatly enhance the state's ability to retool the workforce and reinvigorate the state's economy. (e) The existing governance structure of the California Community Colleges prevents the chancellor's office from providing effective direction, leadership, and oversight to the community college districts. As a state agency, the chancellor's office is unable to respond with the speed, authority, and efficiency required to meet the needs of students. To function more effectively the Office of the Chancellor of the California Community Colleges should have greater flexibility with respect to requirements imposed by the state, at a level that is similar to the flexibility of the administrative offices of the University of California and California State University. SEC. 2. Section 70900.7 is added to the Education Code, to read: 70900.7. Recognizing the unique mission and functions of the California Community Colleges among the departments, agencies, and boards of the state, it is the intent of the Legislature that both of the following occur: (a)  Before   Any  legislation that, by its terms, applies to the state or its agencies, departments, or boards,  may   shall not  apply to the California Community Colleges,  unless  the legislation  should be   is directly  compatible with the mission and functions of the California Community Colleges  as set forth in this division  . (b) The California Community Colleges  shall  not be governed by any statute enacted after January 1, 2011,  that does not amend a previously applicable act and that applies generally to the state or to state agencies, departments, or boards,  unless the statute expressly provides that the California Community Colleges are to be governed by that statute.  SEC. 3.   Section 71090.5 of the Education Code is amended to read: 71090.5. In addition to the position authorized by subdivision (e) of Section 4 of Article VII of the California Constitution, the Governor, with the recommendation of the board of governors, shall appoint up to eight deputy and vice chancellors, who shall be exempt from state civil service. The appointments shall not exceed an aggregate total of eight, for the positions of both deputy and vice chancellor.   SEC. 3.   Section 71092 of the   Education Code   is amended to read:  71092. (a) The board of governors shall employ and fix the compensation, in accordance with law, of assistants, clerical, and other employees as it deems necessary for the effective conduct of the work of the board and the chancellor's office.  (b) (1) Notwithstanding any other law, the board of governors may appoint an individual without permanent civil service status to a position classified as a career executive assignment if the individual has a minimum of five years' work experience in any of the following capacities:   (A) A local community college position.   (B) A higher education policy position.   (C) A technical or occupational capacity for which there is a demonstrated shortage of qualified workers.   (2) Individuals accepting an appointment pursuant to this subdivision shall not have a right of return to the state civil service upon termination of the appointment.   (b)   (c)  Notwithstanding Section 19849.5 of the Government Code, the Board of Governors of the California Community Colleges shall designate the headquarters for each of its employees, except as provided in Section 71004. SEC. 4. Section 11000 of the Government Code is amended to read: 11000. (a) (1) As used in this title, "state agency" includes every state office, officer, department, division, bureau, board, and commission. (2) As used in any section of this title that is added or amended effective on or after January 1, 1997, "state agency" does not include the California State University unless the section explicitly provides that it applies to the university. (3) As used in any section of this title that is added or amended  effective on or  after January 1, 2011, "state agency" does not include the California Community Colleges unless the section explicitly provides that it applies to the community colleges. (b) References to particular state agencies in this title, without further identification, such as to the "Treasurer" or "Department of General Services," are references to the state officer or agency known by that name.