BILL ANALYSIS                                                                                                                                                                                                    



                                                                       


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          |SENATE RULES COMMITTEE            |                   SB 235|
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                              UNFINISHED BUSINESS


          Bill No:  SB 235
          Author:   Vasconcellos (D)
          Amended:  8/20/01
          Vote:     21

           
           SENATE EDUCATION COMMITTEE  :  9-1, 4/25/01
          AYES:  Vasconcellos, Alarcon, Alpert, Chesbro, Karnette,  
            O'Connell, Ortiz, Sher, Vincent
          NOES:  Monteith

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           SENATE FLOOR  :  24-13, 6/4/01
          AYES:  Alarcon, Alpert, Bowen, Burton, Chesbro, Costa,  
            Dunn, Escutia, Figueroa, Karnette, Kuehl, Murray,  
            O'Connell, Ortiz, Peace, Perata, Polanco, Romero, Sher,  
            Soto, Speier, Torlakson, Vasconcellos, Vincent
          NOES:  Ackerman, Battin, Brulte, Haynes, Johannessen,  
            Johnson, Knight, Margett, McClintock, Monteith, Morrow,  
            Oller, Poochigian

           ASSEMBLY FLOOR  :  48-29, 9/4/01 -  See last page for vote


           SUBJECT  :    Community colleges:  classified staff 

           SOURCE  :     California School Employees Association 


           DIGEST  :    This bill requires local community colleges'  
          consultative bodies to include representation from the  
          classified employees of the college, as specified.

                                                           CONTINUED





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           Assembly Amendments  add a provision authorizing a local  
          governing board to consult with other organizations of  
          classified employees on shared governance issues.

           Senate Floor Amendments of 5/30/01  a) clarify that the  
          appointment of classified representatives to consultative  
          bodies by exclusive bargaining agents applies to members of  
          the represented bargaining units, and b) allows local  
          colleges to mutually agree to alternative appointment  
          processes.

           ANALYSIS  :    Existing law provides for extensive procedures  
          to be used in ensuring representation from certain  
          interested parties during the consultative process,  
          relative to all aspects of the operation of a campus of the  
          California Community Colleges (CCC).  Similar procedures  
          exist at the statewide level, in matters involving the  
          board of governors and the chancellor of the California  
          Community Colleges.

          There is no statutory or regulatory basis for the provision  
          of representation of the classified employees of the CCC in  
          these consultative processes.

          There also exists statewide within the CCC an entity known  
          as the consultation council, which generally provides a  
          forum for consultation with constituent organizations and  
          other interested parties in the affairs of the CCC.
           
           This bill provides that when local community colleges'  
          consultative bodies, such as task forces, committees or  
          other governance group, include representation from the  
          classified employees of the college, the exclusive  
          representative of the classified employees shall appoint  
          the representative for the respective bargaining unit  
          members.

          The bill allows the exclusive bargaining agent and the  
          college governing boards to mutually agree to an  
          alternative process, providing for a continuing role on the  
          part of the college Classified Senates, should one exist.

          This bill permits a local governing board to consult with  
          other organizations of classified employees on shared  







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          governance issues that are outside the scope of bargaining,  
          as specified.

          The bill requires the governing board of the community  
          college district to determine a process for the selection  
          of a classified staff representative in a situation where  
          no exclusive representative exists.
           
          Comments  
           
          Need for the bill  .  This bill is sponsored by the  
          California School Employees Association (CSEA).  In  
          materials provided to the author, CSEA notes that beyond  
          the role of labor organizations to represent their  
          employees relative to matters within the scope of  
          bargaining, there is no legal or regulatory standing for  
          any organization to represent classified employees in the  
          consultative process within a college.  CSEA asserts that  
          the classified union is the only organization "recognized,  
          authorized or obligated under law to represent classified  
          employees" and therefore they should have statute  
          protecting their right to designate the classified senate  
          representative to the shared governance process.

           Classified Senates and others oppose the bill  .  (NOTE:   
          Opposition reflects version of bill prior to 5/30/01  
          amendments.)  In numerous individual and organizational  
          letters, representatives from local classified senates and  
          the CCCCS paint a very different picture.  They assert that  
          the classified employees are well represented in bodies  
          that are democratically elected and formally recognized by  
          college administrations, and that the far majority of these  
          bodies are independent from the college administration,  
          providing both effective representation and accountability  
          for the classified staff. 

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

           SUPPORT  :   (Verified  9/5/01)

          California School Employees Association (source) 

           OPPOSITION  :    (Verified  5/30/01) -- Unable to reverify







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          California Community Colleges Classified Senate
          Community College League of California
          Numerous individual letters and e-mails
          Public Employees' District Council of the Laborers  
          International Union
          Individual Classified Senates:
             American River College
            Butte-Glenn Community College
            Chaffey College
            City College of San Francisco
            Contra Costa Community College
            Copper Mountain College
            Cosumnes River College
            Diablo Valley College
            Feather River College
            Grossmont-Cuyamaca Community College
            Las Positas College
            Long Beach City College
            Los Rios Community College
            Mesa College
            Mira Costa Community College
            Pasadena City College
            Reedley College
             Sacramento City College
            Saddleback College
            San Joaquin Delta College
            Santa Monica College
            Sierra Joint Community College
            Skyline College
            West Valley College
               

           ASSEMBLY FLOOR  
          AYES:  Alquist, Aroner, Canciamilla, Cardenas, Cardoza,  
            Cedillo, Chan, Chavez, Chu, Cohn, Corbett, Correa, Diaz,  
            Dutra, Firebaugh, Florez, Frommer, Goldberg, Havice,  
            Horton, Jackson, Keeley, Kehoe, Koretz, Liu, Longville,  
            Lowenthal, Matthews, Migden, Nakano, Nation, Negrete  
            McLeod, Oropeza, Pavley, Reyes, Salinas, Shelley,  
            Simitian, Steinberg, Strom-Martin, Thomson, Vargas,  
            Washington, Wayne, Wesson, Wiggins, Wright, Hertzberg
          NOES:  Aanestad, Ashburn, Bates, Bogh, Briggs, Bill  
            Campbell, John Campbell, Cogdill, Cox, Daucher,  







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            Dickerson, Harman, Hollingsworth, Kelley, La Suer, Leach,  
            Leonard, Leslie, Maddox, Maldonado,


             Mountjoy, Robert Pacheco, Rod Pacheco, Pescetti,  
            Richman, Runner, Strickland, Wyland, Wyman


          NC:kb  9/5/01   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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