Letter re: Implementation of Article 9 Section 9e

November 5, 2019

Lande Ajose and Joseph Freeman
Office of California Governor Gavin Newsom
1303 10th Street, Suite 1173
Sacramento, CA 95814

Re: Request for a meeting to discuss implementation of Article 9 Section 9e of the California Constitution for nominations to the University of California Board of Regents

Dear Lande Ajose and Joseph Freeman:

We are writing on behalf of the unions that represent tens of thousands of University of California employees.

We are gratified that Governor Newsom appointed you to be members of the Advisory Selection Committee for the Regents of the University of California.  His convening of the Committee represents a step forward for the transparency and responsiveness of the UC Board of Regents. We do, however, request a meeting with you to discuss the committee’s functioning.

When Governor Brown began to nominate Regents in 2014, he failed to create the Committee. In response, interested parties met with Governor Brown’s staff and the staff of the Senate Pro Tem. Through these meetings, they learned how Article 9, Section 9e of the California Constitution, which provides for the Advisory Selection Committee, was proposed by legislators in the early 1970s and approved by California voters. We understand that the consultation required by Article 9, Section 9e, was intended to take place in an open meeting of the Committee held in a Senate committee room. However, Janet Reilly was recently appointed to the Board without such consultation.  Given Governor Newsom’s admirable commitment to the accountability of California’s public agencies, we would now like to see the Committee hold open public hearings as it is supposed to.

The Regents of the University of California make decisions that have significant consequences for the State. Because it is UC’s practice to seat an appointed Regent immediately, even before the Senate confirms that appointment, an Advisory Selection Committee meeting may be the only opportunity for any real public input on potential nominees. The twelve-year terms that Regents enjoy increase the importance of thoughtful consideration. We therefore urge the Committee to return to its past practice of having open meetings in accordance with Bagley-Keene procedures.

Our interest extends beyond the revitalization of the Advisory Selection Committee to the composition of the Board itself. For many years, California’s Governors have appointed Regents who made fortunes in banking, finance, law, and entertainment. This has led to a Board of Regents that is very poorly representative of the ethnic, gender, and economic diversity of the state, in violation of Article 9, Section 9d of the California Constitution. Governor Brown was asked to appoint Regents with experience related to the UC’s mission: higher education, research, and hospitals. Despite Governor Brown’s efforts to broaden the diversity of the Regents, today’s Board still largely comprises administrators and executives instead of teachers, scientists, and doctors.

Again, we kindly request a meeting to discuss the Committee’s functioning as well as notification of the Committee’s future meetings so that we may attend on behalf of our members, who  make up a sizable portion of the UC’s employees.

Thank you for your time and consideration,

Pete Castelli
CNA/ NNU, Public Sector/ UC Division Director

Eric Hays
Executive Director, Council of University of California Faculty Associations

Jamie McDole,
President, UPTE-CWA Local 9119

Liz Perlman
Executive Director, AFSCME 3299

Jason Rabinowitz
Secretary-Treasurer, Teamsters Local 2010

John Rundin
Vice President for Legislation, UC-AFT

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