BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 235| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 445-6614 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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 SB 235 Page 2 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 SB 235 Page 3 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 SB 235 Page 4 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, SB 235 Page 5 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 **** END ****