We Ask Governor Brown to Enforce Article 9, section 9e of the State Constitution

May 12, 2011

Governor Jerry Brown
c/o State Capitol, Suite 1173
Sacramento, CA 95814
Phone: (916) 445-2841
Fax: (916) 558-3160

Dear Governor Brown,

The Council of UC Faculty Associations wrote to you on March 11th about our opposition to former Governor Schwarzenegger's nomination of David Crane as UC Regent. Crane has shown disdain for a large portion of the University's workforce and has therefore lost the trust of the employees of the organization he is supposed to help lead. Our March 11th letter included a petition signed by over 1,200 UC faculty and staff calling upon you to rescind Crane's nomination. In addition we have concerns regarding the validity of the nomination. Article 9, section 9e of the State Constitution provides for the following procedure:

"In the selection of the Regents, the Governor shall consult an advisory committee composed as follows: The Speaker of the Assembly and two public members appointed by the Speaker, the President Pro Tempore of the Senate and two public members appointed by the Rules Committee of the Senate, two public members appointed by the Governor, the chairman of the regents of the university, an alumnus 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 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."

To the best of my knowledge, the specified advisory committee was never formed and consulted. If I am incorrect, please direct me to records documenting the work of the advisory committee. I should also like to point out that section 9d of the Constitution specifies that "Regents shall be able persons broadly reflective of the economic, cultural, and social diversity of the State." As yet one more man who made his fortune in the financial sector, David Crane does not further that Constitutional requirement.

Absent a reply with supporting documentation, I will conclude that David Crane's nomination is not valid, that his appearance as a member at Regents' meetings is illegal, and that you concur in those views. I thank you for your attention to this issue.

Sincerely,
Joe Kiskis
Vice President for External Relations, Council of UC Faculty Associations
and Professor of Physics, UC Davis