Sunday, May 19, 2019
|Assemblywoman Gonzalez and her district|
Assemblywoman Gonzalez is a graduate of the UCLA Law School.
The amendment is reproduced below:
Introduced by Assembly Member Gonzalez
April 4, 2019
A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by adding Section 9.5 to Article IX thereof, relating to the University of California.
LEGISLATIVE COUNSEL'S DIGEST
ACA 14, as introduced, Gonzalez. University of California: support services: equal employment opportunity standards.
Existing provisions of the California Constitution establish the University of California as a public trust under the administration of the Regents of the University of California. The California Constitution grants to the regents all the powers necessary or convenient for the effective administration of this public trust. Pursuant to the California Constitution, there are 7 ex officio members of the regents and 18 appointive members appointed by the Governor and approved by the Senate, a majority of the membership concurring.
This measure would, effective January 1, 2021, except as specified, require the regents to ensure that all contract workers, as defined, who are paid to perform support services, as defined, for students, faculty, patients, or the general public at any campus, dining hall, medical center, clinic, research facility, laboratory, or other university location, are at all times subject to and afforded the same equal employment opportunity standards, as defined, as university employees performing similar services.
The measure would authorize the regents, or any campus or other entity of the University of California, to contract for, or otherwise arrange to use, contract labor, as defined, to perform support services only under specified conditions if authorized to do so by statute, and only to the extent to address one or more of prescribed needs. The measure would authorize the Legislature to enact statutes to further the purposes of, and to aid the enforcement of, this measure.
Vote: 2/3 Appropriation: no Fiscal Committee: yes Local Program: no
Resolved by the Assembly, the Senate concurring, That the Legislature of the State of California at its 2019–20 Regular Session, commencing on the third day of December 2018, 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 9.5 is added to Article IX thereof, to read:
(a) The people of California declare all of the following:
(1) We, the people of the State of California, strongly support the University of California’s mission to enhance the lives of those it serves, educates, and employs.
(2) As one of the State’s largest and most respected public or private employers, the University of California is uniquely positioned to improve equal employment opportunity standards for every Californian working on its campuses or in its medical centers.
(3) The equal employment opportunity standards placed in this Constitution by a majority of voters casting ballots in the Presidential Election, at the November 3, 2020, statewide general election, will eliminate unequal treatment for those covered by provisions specified in this constitutional amendment.
(b) The Regents of the University of California shall ensure that all contract workers who are paid to perform support services for students, faculty, patients, or the general public at any campus, dining hall, medical center, clinic, research facility, laboratory, or other university location, are at all times subject to and afforded the same equal employment opportunity standards as university employees performing similar services.
(c) (1) The Regents of the University of California, or any campus or other entity of the University of California, may contract for, or otherwise arrange to use, contract labor to perform support services only if authorized to do so by statute, and only to the extent necessary to address one or more of the following needs:
(A) A bona fide emergency circumstance, for no longer than the actual duration of that circumstance.
(B) To support a student housing development that becomes available for occupancy on or after January 1, 2021.
(C) To perform support services in relation to an unanticipated special event scheduled by the university with less than 30 calendar days’ advance notice.
(D) To supply the university with licensed, clinically trained workers from a clinical registry.
(E) To train university employees on the use of new or specialized equipment or techniques.
(2) Any contractual arrangement for a person, firm, or other entity to supply the university with contract labor for one of the purposes specified in this subdivision shall meet all of the following requirements:
(A) It will not cause or facilitate the displacement of university employees. For purposes of this subparagraph, “displacement” includes layoff, demotion, involuntary transfer to a new job classification, involuntary transfer to a new location, or time base reduction. For purposes of this subparagraph, “displacement” also includes circumvention or delay of the regular hiring process, the filling of vacancies, or the budgeting for a full complement of university employees to perform support services.
(B) Both the proposal and the resulting contractual arrangement, and documentation reflecting any change to the specific types of work to be performed by contract workers or change to the locations at which they will perform support services, shall be, at all times, available to the public. This documentation shall specify in writing that all persons who perform support services under the contractual arrangement shall receive wages and benefits equivalent to, or of no less value than, those provided to university employees who perform the same or similar work or duties on a full-time equivalent basis.
(C) Any person who performs support services under the contractual or other arrangement provided for in subparagraph (C) or (D) of paragraph (1) for more than 10 days in a calendar year shall be employed directly by the university for all periods of work in excess of those 10 days.
(D) The use of contract labor shall not adversely affect the university’s nondiscrimination standards.
(d) For purposes of this section:
(1) “Contract labor” and “contract workers” mean persons other than university employees who are paid to perform support services at a University of California location.
(2) “Contractual arrangement” includes any contract, contract amendment, contract renewal, automatic renewal, contract extension, subcontract, purchase order, order, change order, or other agreement between a private entity and the Regents of the University of California or any other entity of the University of California, or between a private entity or any other public entity, that may be used to provide the University of California with contract labor.
(3) “Equal employment opportunity standards” means all of the following:
(A) The right to be free from discrimination in the workplace.
(B) Direct employment by the university, except as permitted by subdivision (c).
(C) Equal pay for equal work, meaning each contract worker shall receive at least the same wages and benefits, and be subject to the same standards of accountability, as university employees who perform similar services.
(4) “Support services” includes, but is not necessarily limited to, all of the following: cleaning or custodial services; food services; groundskeeping; building maintenance; transportation; security services; billing and coding services; sterile processing; hospital or nursing assistant services; and medical imaging or respiratory therapy technician services. “Support services” also include other patient care technical and service bargaining unit work and related nonsupervisory, nonmanagerial work functions as defined by the Public Employment Relations Board or a successor entity, pursuant to the Higher Education Employer-Employee Relations Act (Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code), as it is from time to time amended, or a successor act.
(e) This section shall become effective on January 1, 2021. However, if any contract that is in effect on January 1, 2021, would be impaired by the enforcement of this section, then this section shall not apply to that contract until the earliest date on which: (1) the immediate contract term expires, (2) the contract may be amended, extended, renewed, or permitted to renew, or (3) additional funding is authorized or a substantial change is made to the scope of work that had been expressly authorized or actually performed under the contract before January 1, 2021.
(f) The Legislature may enact statutes to further the purposes of, and to aid the enforcement of, this section.
Saturday, May 18, 2019
Note: In our recordings, we edit the official recording to omit long silences when the official recording is shut down during protest disturbances or for other pauses in the meeting.
From the Bruin: The University of California Board of Regents voted to increase nonresident student tuition by $762 per year Thursday.
The UC Board of Regents voted 12-6 in favor of increasing nonresident supplemental tuition by 2.6% on the third day of its May meeting at UC San Francisco. The increase will bring nonresident supplemental tuition from $28,992 to $29,754 and generate $28.9 million in additional revenue for the UC.
In March, the board tabled the vote after the council failed to come to a consensus regarding the tuition hike and its potential impact on international students. The board ultimately resolved to vote on the matter in May and request more funding from the state Legislature in the meantime.
UC President Janet Napolitano previously said failing to pass the tuition increase would result in a $30 million hole in the UC budget.
During the Thursday meeting, Napolitano said the regents added an amendment to allocate 10% of the revenue generated by the tuition increase to fund financial aid for nonresident students.
“Our needs are great,” Napolitano said. “Without this, we add another $30 million hole, and that will have an impact on the educational program we can provide for our undergraduate students, be they from California and be they from out of state.”
UCLA Chancellor Gene Block said he is glad the vote passed because the increase will expand core funds and educational programs for UCLA. The university has had to look for new sources of additional funding due to sharp cuts in state funding and increases in the size of its student body, Block said.
“UCLA has worked hard over this time to ensure student success and to improve graduation rates, but this can only be done if we ensure there are enough class sections and seats to avoid creating bottlenecks,” Block said.
Regent Lark Park said she had deep reservations toward the tuition increase because it would hurt low-income out-of-state and international students.
Fewer low-income international students have enrolled at the UC in recent years due to the increase in tuition, Park added.
Also from the Bruin: The governing board of the University of California met for the third day of its May meeting at UC San Francisco on Thursday. The Board of Regents voted to raise nonresident student tuition and discussed a potential partnership between UC San Francisco and a Catholic hospital system.
The board voted to increase nonresident student tuition by $762 per year, raising tuition for out-of-state and international students from $28,992 to $29,754 per year.
-Caroline Siegel-Singh, the vice president of external affairs of Associated Students at UC San Diego and president of UC Students Association, said students from certain UC campuses and racial backgrounds take on more debt than others. Siegel-Singh said low- and middle-income students are facing increasingly high tuition costs. She urged the board to consider the effects of raising nonresident tuition, adding she thinks the UC should not rely on the revenue generated from nonresident tuition for funding.
-Sarah Abdeshahian, a UC Berkeley student and vice chair of the Fund the UC campaign, said she opposed the tuition increase for nonresident students. She said she thinks students from all backgrounds should be able to afford a UC education.
-American Federation of State, County and Municipal Employees Local 3299, the UC’s largest employee union, protested the outsourcing of UC worker’s jobs. A few AFSCME members were arrested for illegal assembly, said Eric Partika, captain of the UC San Francisco Police Department.
-Sahiba Kaur, a senator in Associated Students of UC Davis, said pesticides used on UC grounds are harmful to groundskeepers and community members. Kaur said the UC continues to use chemicals and pesticides prohibited by the state of California and added she thinks the UC should let groundskeeping workers, scientists, experts and student government representatives sit on the committee overseeing the issue.
-Patricia Robertson, a perinatologist at UCSF, said she thinks UCSF should not partner with Dignity Health, a Catholic hospital system because she thinks hospital operations and services such as abortion would be restricted by local bishops. Robertson said there are other ways to add beds without having to affiliate with a Catholic institution.
-Kathleen Jordan, the chief medical officer at St. Francis Memorial Hospital in San Francisco, said many allegations against Dignity Health, such as the claims the hospitals will limit access to care for LBGTQ individuals, are not true. Jordan said the hospital discusses all treatment options with patients and does not discriminate against any patients. She also said bishops are not involved in the decision-making process of the health care system.
-Dana Gossett, an obstetrics, gynecology and gynecologic professor at UCSF, said she supports the partnership with Dignity Health. Gosi said Dignity Health has a gender-affirming program for its transgender patients and no care would be taken away from patients.
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Friday, May 17, 2019
UCPath Implementation Project
Attention Faculty, Staff, and Student Employees,
Late Thursday (May 16), there was an incident near the March Air Force base in Riverside, which is very close to the UCPath Center.
Due to the ongoing investigation of the incident, access to the UCPath Center and other local businesses is cut-off.
As a result, the UCPath Center is curtailing normal business operations today, May 17. Phone and chat services will be unavailable today. However, the UCPath Center will continue to process on-line cases and transactions. UCPath Online is fully available.
The UCPath Center will continue to monitor the situation with authorities and we will provide updates to the campus as warranted.
Should you need assistance via phone today, contact the Central Resource Unit (CRU) at (310) 825-1089 and select option 5, Monday – Friday, 8 a.m. to 4 p.m.
Visit the Central Resource Unit (CRU) website for more information about UCPath.
The UCLA UCPath Team
The Bruin reports on Compliance and Audit:
Matthew Hicks, the UC systemwide audit officer, said the UC is evaluating undergraduate admissions processes to ensure compliance with regulations and to reduce the probability of fraudulent admissions as part of an audit of admissions practices across the UC. He said the audit will focus on the admission of student-athletes and other cases of nonstandard admissions. He said this phase of the audit is expected to be completed late spring.
Full story at http://dailybruin.com/2019/05/16/regents-recap-may-15/
You can hear the May 15th afternoon audio at:
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Compliance and Audit:
Governance and Compensation:
...The American Federation of State, County and Municipal Employees Local 3299 went on strike for the fifth time in a year over issues including insurance insecurity and temporary labor outsourcing. AFSCME 3299 is the UC’s largest employee union and represents more than 25,000 patient care technicians and service workers.
About 100 AFSCME workers marched around campus and to the Chancellor’s office Thursday. Members of the University Professional and Technical Employees-Communications Workers of America union marched in solidarity with AFSCME.
AFSCME filed three separate unfair labor practice charges in response to alleged illegal outsourcing in early May, said John de los Angeles, an AFSCME spokesperson, in an email statement.
Claire Doan, a spokesperson for the University of California Office of the President, said in an email statement the UC thinks AFSCME’s efforts are disruptive and will ultimately be unsuccessful.
“It’s clear AFSCME leaders are going to desperate lengths for attention, from sporadically announcing baseless accusations against the University to calling for a boycott of commencement speakers that squarely hurts students and their families,” Doan said.
De los Angeles said he thinks the UC has yet to properly acknowledge allegations of illegal outsourcing...
Thursday, May 16, 2019
Board of Regents
- American Federation of State, County and Municipal Employees Local 3299, the UC’s largest employee union, protested the outsourcing of UC workers’ positions to outside suppliers during public comment. Agnes Castro, a member of AFSCME Local 3299, said outsourcing affects the safety and security of workers and the people who receive their services.
- Bryan King, a psychiatry professor and vice chair of child and adolescent psychiatry for UC San Francisco, said child and adolescent suicide is a serious issue, but UCSF lacks the adequate infrastructure to care for child and adolescent patients. He said he supports establishing a partnership between UCSF and Dignity Health, a Catholic hospital system, to bring high level care to patients in need.
- Ronit Stahl, an assistant professor of history at UC Berkeley, said she thinks this partnership would bind UCSF to the religious constraints placed by the Roman Catholic Church.
- Julie Wilensky, an attorney at the National Center for Lesbian Rights, said she opposes the potential partnership with Dignity Health. She said she thinks Dignity Health would limit a wide range of reproductive rights and harm the UC’s LGBTQ patients, undermining the UC’s legal obligation to serve patients from all backgrounds as a public institution.
- Irene Pien, a resident doctor of plastic surgery at UCLA, said she thinks the UC needs to better take care of its physicians. Pien said the suicide rate of physicians is high because of the stressful nature of their jobs and that she thinks the UC needs to better address the physical and emotional demands placed on its residents.
NOTE: Apart from the items above, there were also speakers on physician bargaining, fossil fuel divestment, a proposed building at Berkeley, and transgender issues. A protest disrupted the session. (Audio was cut off during the disruption.)
- The committee approved a motion to establish a seventh college at UC San Diego. UCSD Chancellor Pradeep Khosla said the current six colleges have already exceeded their designed capacity and their resources are being drained by the rapid growth of the student body.
- The committee approved the establishment of two new Natural Reserve System sites at Point Reyes National Seashore and Lassen Volcanic National Park. The NRS is a network of protected wildlife sites throughout California administered by the UC.
- The committee approved a proposal to increase Professional Degree Supplemental Tuition at the UC Berkeley Haas School of Business. UC Berkeley Chancellor Carol Christ proposed a 9% increase in nonresident PDST per year and a 3% increase in resident PDST per year for the first four years. The PDST increase aims to fully reimburse student loan payments for all full-time MBA graduates working in the public sector or nonprofit organizations who earn salaries of $95,000 or less.
- Shaun Travers, the UCSD campus diversity officer and director of UCSD’s LGBT Resource Center, said current training about LGBTQ issues for employees at UCSD is very limited. Travers said he thinks transgender and nonbinary students should be able to change their preferred name without going through bureaucratic hurdles. He added he thinks students should be able to put their preferred names on their diplomas.
- Shawndeez Jadalizadeh, a graduate student in gender studies at UCLA, said they have experienced discrimination as a transgender student on UCLA’s campus. Jadalizadeh said they were interrogated on campus when their preferred name did not match the name on their ID card. They added although policies protecting LGBTQ students’ rights have improved in recent years, there is still a stigma surrounding transgender students.
- The committee endorsed Senate Bill 14, which could provide funding for maintenance projects that have been delayed due to a lack of funding. Lt. Gov. Eleni Kounalakis said this would allow the UC to rely less heavily on student tuition to fund these projects.
- The committee approved the Upper Hearst Development for the Goldman School of Public Policy and the Housing Project at UC Berkeley. Christ said the project will offer additional housing to students and faculty, office spaces and event venues to students at the Goldman School.
- The committee approved the budget and design for a project to increase UC Santa Barbara’s campus classroom seating capacity by 35%. UC Santa Barbara Chancellor Henry Yang said the project will help the campus meet its current projected enrollment growth, lift the caps for lower division courses and minimize the waitlist.
- Khosla said UCSD is preparing to build a seventh and eighth college. He added the strategy aims to reduce the number of students per college, guarantee four years of housing to every undergraduate student and provide housing that is 20% below market prices.
- Associate Vice President Mark Cianca said the recent deployment of UCPath at UC Berkeley was the most successful deployment of the payment system to date. Deployment at UC Davis and UC Agriculture and Natural Resources was delayed to September.
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