66600-66609
EDUCATION CODE
SECTION 66600-66609
66600. The California State University shall be administered by a
board designated as the Trustees of the California State University,
which is hereby created.
66601. Whenever, in any law, the term "Trustees of the State
College System of California" or "Trustees of the California State
University," or the term "chief executive officer of the state
college system" is used, such terms shall be deemed to mean the
Trustees of the California State University and the Chancellor of the
California State University, respectively.
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 appointive 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 a junior 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 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 person'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) 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).
(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.
(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 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.
66602.5. All meetings of the trustees shall, except as otherwise
provided in Section 66602.7, be subject to Article 9 (commencing with
Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of
the Government Code.
66602.7. Notwithstanding Article 9 (commencing with Section 11120)
of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government
Code:
(a) (1) Action taken by a committee of the trustees and final
action by the full board of trustees, on a proposal for the
compensation package of the following executive officers shall occur
in an open session of each of those bodies, and shall include a
disclosure of the compensation package and rationale for the action:
(A) The Chancellor of the California State University.
(B) The president of an individual campus.
(C) A vice chancellor.
(D) The treasurer.
(E) The general counsel.
(F) The trustees' secretary.
(2) Members of the public shall be afforded the opportunity to
address the committee and full board on the proposal during or before
consideration of the action item.
(b) Discussion by a committee of the trustees of, and action on,
an executive compensation program or policy, and any final action by
the full board of trustees on that program or policy, shall occur in
open session of each of those bodies.
(c) Compensation for the principal officers of the trustees and
the officers of the university shall include salary, benefits,
perquisites, severance payments (except those made in connection with
a dismissal or a litigation settlement), retirement benefits, or any
other form of compensation.
66603. The term of the appointive trustees shall be eight years.
66604. The expiration of a trustee's term of office as a member of
the State Board of Education or any earlier vacancy in that office
shall create a vacancy in his trusteeship, unless the term ascribed
thereto by lot has already expired. In case of any vacancy on the
board of trustees, the Governor shall appoint a successor for the
balance of the term as to which such vacancy exists.
66604.5. Each appointive trustee shall receive actual and necessary
travel expenses and one hundred dollars ($100) for each day he or
she is attending to official business.
66605. If the trustees and the Regents of the University of
California both consent, the Chancellor of the California State
University shall sit with the Regents of the University of California
in an advisory capacity and the President of the University of
California shall sit with the trustees in an advisory capacity.
66606. The Trustees of the California State University shall
succeed to the powers, duties, and functions with respect to the
management, administration, and control of the state colleges
heretofore vested in the State Board of Education or in the Director
of Education, including all powers, duties, obligations, and
functions specified in Article 2 (commencing with Section 90010) of
Chapter 8 of Part 55, and all obligations assumed by the State Board
of Education pursuant to that article prior to July 1, 1961.
On and after July 1, 1961, the Trustees of the California State
University shall have full power and responsibility in the
construction and development of any state university campus, and any
buildings or other facilities or improvements connected with the
California State University. The powers shall be exercised by the
Trustees of the California State University notwithstanding Chapter
10 (commencing with Section 14950) of Part 5.5 of Division 3 of Title
2 of the Government Code and Chapter 1 (commencing with Section
10100) of Part 2 of Division 2 of the Public Contract Code, except
that the powers shall be carried out pursuant to Chapter 2.5
(commencing with Section 10700) of Part 2 of Division 2 of the Public
Contract Code known as the California State University Contract Law.
The Trustees of the California State University may accept gifts
of land, or gifts of options on land, may accept and expend gifts of
money for the purchase of land or options on land, and may enter into
negotiations and contracts for the purchase of land for a future
state university site in the vicinity of any of the areas specified
in the recommendations contained in the Master Plan for Higher
Education printed on page 42, paragraph 5, Senate Journal (Regular
Session) for February 1, 1960, except that the gifts, expenditures,
negotiations, and contracts shall not obligate the expenditure of any
state funds for the purchase of the land or for development on the
land, unless the Legislature subsequently approves the obligation by
appropriating the funds for that specific purpose.
Any acceptance, acceptance and expenditure, or negotiations and
contract may be conditioned upon an automatic reversion back to the
donor or automatic termination of the negotiations and contract if a
new state university is not established at a specific site prior to a
specific date designated by the trustees and the donor or the
trustees and the person or corporation with whom the trustees are
negotiating or contracting.
66606.2. Recognizing the unique mission and functions of the
California State University among the departments, agencies, and
boards of the state, it is the intent of the Legislature that both of
the following occur:
(a) Before legislation that, by its terms, applies to the state or
its agencies, departments, or boards, may apply to the California
State University, the legislation should be compatible with the
mission and functions of the California State University.
(b) The California State University not be governed by any statute
enacted after January 1, 1997, 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 State University is to be governed by
that statute.
66607. The California State University shall be entirely
independent of all political and sectarian influence and kept free
therefrom in the appointment of its trustees and in the
administration of its affairs, and no person shall be debarred
admission to any department of the state university on account of
sex.
66609. (a) All state employees employed on June 30, 1961, in
carrying out functions transferred to the Trustees of California
State University by this chapter, except persons employed by the
Director of Education in the Division of State Colleges and Teacher
Education of the State Department of Education, are transferred to
the California State University.
(b) Nonacademic employees transferred under this section shall
retain their respective positions in the state service, together with
the personnel benefits accumulated by them at the time of transfer,
and shall retain the rights attached under the law to the positions
that they held at the time of transfer. All nonacademic positions
filled by the trustees on and after July 1, 1961, shall be by
appointment made in accordance with Chapter 5 (commencing with
Section 89500) of Part 55, and persons so appointed shall be subject
to Chapter 5.
(c) (1) The trustees shall provide, or cooperate in providing,
academic and administrative employees transferred by this section
with personnel rights and benefits at least equal to those
accumulated by them as employees of the state colleges, except that
any administrative employee may be reassigned to an academic or other
position commensurate with his or her qualifications at the salary
fixed for that position. An administrative employee so reassigned
shall have a right to appeal from that reassignment, but only as to
whether the position to which he or she is reassigned is commensurate
with his or her qualifications. All academic and administrative
positions filled by the trustees on and after July 1, 1961, shall be
filled by appointment made solely at the discretion of the trustees.
(2) The trustees shall establish and adjust the salaries and
classifications of all academic, nonacademic, and administrative
positions and neither Section 19825 of the Government Code nor any
other provision of law requiring approval by a state officer or
agency for salaries or classifications shall be applicable thereto.
In establishing and adjusting salaries, consideration shall be given
to the maintenance of the state university in a competitive position
in the recruitment and retention of qualified personnel in relation
to other educational institutions, private industry, or public
jurisdictions that are employing personnel with similar duties and
responsibilities.
(3) The establishment and adjustment of salaries for nonacademic
employees shall be in accordance with the standards prescribed in
Section 19826 of the Government Code. The trustees, however, shall
make no adjustments that require expenditures in excess of existing
appropriations available for the payment of salaries. Chapter 5
(commencing with Section 89500) of Part 52, relating to appeals from
dismissal, demotion, or suspension, shall be applicable to academic
employees.
(d) Persons excluded from the transfer made by this section shall
retain all the rights and privileges conferred upon civil service
employees by law. Personnel of state agencies employed in state
university work other than those transferred by this section, and who
are employed by the trustees prior to July 1, 1962, shall be
provided with personnel rights and benefits at least equal to those
accumulated by them as employees of those state agencies.
(e) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that, if the
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.