Schwarzenegger violated the California Constitution when he nominated David Crane as a UC Regent

March 8, 2011

Diane M. Griffiths
Secretary and Chief of Staff of the UC Regents
1111 Franklin Street, 12th Floor
Oakland, CA 94607
Phone: 510-987-9220
Fax: 510-987-9224

Dear Ms. Griffiths:

I note that David Crane is listed as a UC Regent on the website. I wonder if the procedures for nominating and approving a Regent, described in the Regent’s bylaws 5.1.a and 5.1.e, were followed? With regard to the nomination, the bylaws specify that:

“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.”

And then as specified in Bylaw 5.1.a, the nomination must be approved by a majority vote of the State Senate. As these bylaws coincide with the procedures specified in the State Constitution (article 9, sections 9a and 9e), I doubt that they can be suspended by the Regents.

If this procedure was followed, when did it occur, and may we be provided with copies of the records documenting it? If this procedure was not followed, is it appropriate to list Mr. Crane as a Regent, or to allow him to use the title of Regent in editorials he has published in the San Francisco Chronicle recently? More importantly, will Mr. Crane be attending the upcoming Regents meeting, and if so, in what capacity?

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

cc: Adam Keigwin, legislative aid for Sen. Yee

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