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ACA-26 University of California: suspension and expulsion of regents.(2017-2018)

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CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Constitutional Amendment
No. 26


Introduced by Assembly Member Weber

February 16, 2018


A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by amending Section 9 of Article IX thereof, relating to the University of California.


LEGISLATIVE COUNSEL'S DIGEST


ACA 26, as introduced, Weber. University of California: suspension and expulsion of regents.
The California Constitution establishes the University of California as a public trust, administered by the Regents of the University of California, a corporation in the form of a board, with full powers of organization and government, subject to legislative control only for specified purposes. These provisions require that the board be composed of 7 ex officio members and 18 appointive members appointed by the Governor and approved by the Senate, a majority of the membership concurring.
This measure would authorize the Legislature to suspend or expel a regent by resolution adopted by rollcall vote entered in the journal, 2/3 of the membership of each house concurring. The measure would require that the resolution contain findings and declarations setting forth the basis for the suspension or expulsion. The measure would prohibit a regent who has been suspended pursuant to these provisions from exercising any of the rights, privileges, duties, or powers of his or her office, or utilizing any resources of the Regents of the University of California, during the period the suspension is in effect. The measure would provide that a suspension shall remain in effect until the date specified in the resolution or, if no date is specified, the date a subsequent resolution terminating the suspension is adopted.
Vote: 2/3   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

Resolved by the Assembly, the Senate concurring, That the Legislature of the State of California at its 2017–18 Regular Session commencing on the fifth day of December 2016, two-thirds of the membership of each house concurring, hereby proposes to the people of the State of California, that the Constitution of the State be amended as follows:

 That Section 9 of Article IX thereof is amended to read:

SEC. 9.
 (a) The University of California shall constitute a public trust, to be administered by the existing corporation known as “The Regents of the University of California,” with full powers of organization and government, subject only to such legislative control as may be necessary to insure ensure the security of its funds and compliance with the terms of the endowments of the university and such competitive bidding procedures as may be made applicable to the university by statute for the letting of construction contracts, sales of real property, and purchasing of materials, goods, and services. Said The corporation shall be in form a board composed of seven voting ex officio members, which who shall be: the Governor, the Lieutenant Governor, the Speaker of the Assembly, the Superintendent of Public Instruction, the president and the vice president of the alumni association of the university and the acting president of the university, and 18 appointive members appointed by the Governor and approved by the Senate, a majority of the membership concurring; provided, however that the present appointive members shall hold office until the expiration of their present terms.
(b) (1) The terms of the members appointed prior to November 5, 1974, shall be 16 years; the terms of two appointive members to expire as heretofore on March 1st of every even-numbered calendar year, and two members shall be appointed for terms commencing on March 1, 1976, and on March 1 of each year thereafter; provided that no such appointments shall be made for terms to commence on March 1, 1979, or on March 1 of each fourth year thereafter, to the end that no appointment to the regents for a newly commencing term shall be made during the first year of any gubernatorial term of office. The terms of the members appointed for terms commencing on and after March 1, 1976, shall be 12 years. During the period of transition until the time when the appointive membership is comprised exclusively of persons serving for terms of 12 years, the total number of appointive members may exceed the numbers specified in the preceeding paragraph.

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(2) In case of any vacancy, the term of office of the appointee to fill such that vacancy, who shall be appointed by the Governor and approved by the Senate, a majority of the membership concurring, shall be for the balance of the term for which such that vacancy exists.
(c) The members of the board may, in their discretion, following procedures established by them and after consultation with representatives of faculty and students of the university, including appropriate officers of the academic senate and student governments, appoint to the board either or both of the following persons as members with all rights of participation: a member of the faculty at a campus of the university or of another institution of higher education; a person enrolled as a student at a campus of the university for each regular academic term during his or her service as a member of the board. Any person so appointed shall serve for not less than one year commencing on July 1.
(d) Regents shall be able persons broadly reflective of the economic, cultural, and social diversity of the State, including ethnic minorities and women. However, it is not intended that formulas or specific ratios be applied in the selection of regents.
(e) In the selection of the Regents, regents, the Governor shall consult an advisory committee composed as follows: The the Speaker of the Assembly and two public members appointed by the Speaker, the President Pro pro Tempore of the Senate and two public members appointed by the Rules Senate Committee of the Senate, on Rules, two public members appointed by the Governor, the chairman chairperson of the regents of the university, an alumnus or alumna of the university chosen by the alumni association of the university, a student of the university chosen by the Council of Student Body Presidents, and a member of the faculty of the university chosen by the academic senate of the university. Public members shall serve for four years, except that one each of the initially appointed members selected by the Speaker of the Assembly, the President Pro pro Tempore of the Senate, and the Governor shall be appointed to serve for two years; student, alumni, and faculty members shall serve for one year and may not be regents of the university at the time of their service on the advisory committee.
(f) The Regents of the University of California shall be vested with the legal title and the management and disposition of the property of the university and of property held for its benefit and benefit. The regents shall have the power to take and hold, either by purchase or by donation, or gift, testamentary or otherwise, or in any other manner, without restriction, all real and personal property for the benefit of the university or incidentally to its conduct; provided, however, that conduct. However, sales of university real property shall be subject to such competitive bidding procedures as may be provided by statute. Said The corporation shall also have all the powers necessary or convenient for the effective administration of its trust, including the power to sue and to be sued, to use a seal, and to delegate to its committees or to the faculty of the university, or to others, such authority or functions as it may deem wise. The Regents regents shall receive all funds derived from the sale of lands pursuant to the act of Congress of July 2, 1862, and any subsequent acts amendatory thereof. The university shall be entirely independent of all political or sectarian influence and kept free therefrom in the appointment of its regents and in the administration of its affairs, and no person shall be debarred admission to any department of the university on account of race, religion, ethnic heritage, or sex.
(g) Meetings of the Regents of the University of California shall be public, with exceptions and notice requirements as may be provided by statute.
(h) (1) The Legislature may suspend or expel a regent by resolution adopted by rollcall vote entered in the journal, two-thirds of the membership of each house concurring. The resolution shall contain findings and declarations setting forth the basis for the suspension or expulsion.
(2) A regent suspended pursuant to this subdivision shall not exercise any of the rights, privileges, duties, or powers of his or her office, or utilize any resources of the Regents of the University of California, during the period the suspension is in effect.
(3) The suspension of a regent pursuant to this subdivision shall remain in effect until the date specified in the resolution or, if no date is specified, the date a subsequent resolution terminating the suspension is adopted by rollcall vote entered in the journal, two-thirds of the membership of each house concurring.