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(continued) Education Code; and Section 3568, Government Code. Reference: Section 89500, Education Code.
s 43706. Display and Distribution of Organizational Materials.
Display and distribution of organizational materials may be made only at designated points on the campus. Organizational materials may not be distributed to employees on their work time. An adequate number of designated points, including space on bulletin boards, shall be provided at each campus. This rule does not cover personal apparel items, such as lapel buttons, and automobile bumper stickers placed on private automobiles by their owners.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code; and Section 3568, Government Code. Reference: Section 89500, Education Code.
s 43707. Campus Mail Services.
Subject to reasonable regulations, including charges where additional costs are incurred, representatives of verified employee organizations shall be afforded access to campus mail services and mail boxes for the purpose of distributing materials to employees. All materials distributed under this provision must identify the employee organization which is distributing the materials. One copy of all materials distributed through campus mail services or mail boxes must be directed to the Chief Executive Officer along with the name and telephone number of the representative responsible for the distribution.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code; and Section 3568, Government Code. Reference: Section 89500, Education Code.
s 43708. Organizational Solicitation.
Solicitation by nonemployee representatives of employee organizations shall not occur during work time. Employees may not engage in solicitation for or against employee organizations or for or against issues at times which will interfere with their own work or the work of other employees. In the event that it is not possible for a representative of a verified employee organization to communicate with an employee during non-work times, such employee organization shall be afforded reasonable opportunities as determined by the Chief Executive Officer to communicate with employees so long as such communication does not interfere with the work of the campus or violate security, safety or health requirements.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code; and Section 3568, Government Code. Reference: Section 89500, Education Code.
s 43709. Use of Campus Equipment.
Campus equipment and supplies shall not be used by employee organizations for any purpose. Campus telephones may not be used for organizational activities.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code; and Section 3568, Government Code. Reference: Section 89500, Education Code.
s 43710. Verification of Employee Organizations.
Each employee organization which desires to represent campus employees shall be required to furnish the Office of the Chancellor at the time of initial verification, and subsequently between October 1 and 15 of each year, a written statement containing:
(a) The name and address of the employee organization, its parent body, if any, and its affiliates, if any.
(b) The names and addresses of the employee organization's principal officers and all representatives who are authorized to represent the organization, specifying to which campus(s) each officers and representative's authority applies.
(c) A description of the employee classifications the employee organization is seeking to represent.
(d) A copy of the Constitution and By-laws of the organization, its parent body, if any, and its affiliates, if any.
(e) A statement that one of the organization's purposes is the representation of CSU employees concerning, in whole or in part, grievances, labor disputes, wages, hours, and other terms and conditions of employment of employees.
Employee organization shall promptly amend these written statements during each year as changes occur. The Office of the Chancellor will notify each campus of the filings concerning the campus.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code; and Section 3568, Government Code. Reference: Section 89500, Education Code.
s 43711. Violation of Policy: Hearings.
Employee organizations which do not comply with Sections 43703 through 43711 or with campus rules promulgated to implement them may be denied any or all privileges provided for in this policy. The Chancellor or the Chancellor's designee, hereinafter referred to as the Reviewing Officer, shall determine noncompliance and the extent to which any privileges shall be revoked for employee organizations who have violated the policies established by Sections 43703 through 43711 of this Article. When the Reviewing Officer has reason to believe that a particular employee organization has violated this policy and that withdrawal of privileges may be called for, the Reviewing Officer may undertake an inquiry. In such cases, the Reviewing Officer, shall notify the employee organization in question and the appropriate Chief Executive Officer, of the possible violation. The Reviewing Officer shall arrange a conference; all parties will be given reasonable notice of the time and place of the conference. The conference shall be called to determine whether violations of the policy have occurred and what, if any, sanctions are appropriate. The employee organization shall be advised of the alleged violations of the policy and of the range of sanctions which may be imposed if the violation is found to have occurred. The Reviewing Officer may demand information from the employee organization or any other individual with information concerning the alleged violation. Employee organizations shall have the right of access to all materials upon which the allegations are based and which the Reviewing Officer considers in making his or her decision. The conference shall be conducted in the manner and format directed by the Reviewing Officer. Following the conference at which the Reviewing Officer considers the allegations and information received, the Reviewing Officer shall make a finding of whether a violation has occurred and determine what, if anything, is appropriate. The Reviewing Officer is authorized to restrict or withdraw privileges granted under this policy. In addition, the Reviewing Officer may also make any other provisions consistent with law as may in the Reviewing Officer's judgment be appropriate with respect to violations, including recommendations for disciplinary, civil, or criminal actions resulting from alleged violations and withdrawal of any other privileges provided to the employee organizations or their officers and representatives.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code; and Section 3568, Government Code. Reference: Section 89500, Education Code.
s 43725. Procedures.
Meeting and conferring as defined in the Higher Education Employer-Employee Relations Act shall not commence on an initial proposal which relates to matters within the scope of representation until the Board of Trustees has conducted not less than four (4) public meetings scheduled no sooner than seven (7) calendar days from one another. Such meetings shall proceed in a manner to be determined by the Board of Trustees or its designated committee, subject to the following requirements:
(a) An initial meeting to present the proposal of an exclusive representative for a particular unit shall be scheduled within a reasonable time by the Board of Trustees or its designated committee.
(b) At the first meeting called for a particular representation unit, the exclusive representative shall present its proposal in writing and shall have ten (10) copies of such proposal for members of the Board of Trustees or its designated committee present, twenty (20) additional copies for distribution to the main library at each campus and in the Office of the Chancellor, and a sufficient quantity, but not fewer than twenty (20), for interested members of the public in attendance at the public hearing. At the time of such presentation, a representative of the exclusive representative may address the Board of Trustees or its designated committee for the purpose of clarifying or amplifying upon any portion of its proposal. Thereafter, the Board of Trustees or its designated committee shall set a time for a second public hearing.
(c) At such second meeting, members of the public shall be given an opportunity to address the proposals presented at the previous meeting. If a member of the public wishes to speak, he or she will be asked but not required to give his or her name, address, name of organization, if any, and on whose behalf he or she is speaking. Members of the public may submit written statements in addition to or in lieu of oral statements. Such written statements shall become a part of the record. At the conclusion of the testimony with respect to the exclusive representative's proposal for a given unit, the Board of Trustees or its designated committee shall schedule a third meeting.
(d) At the third meeting, the Board of Trustees or its designated committee shall present management's proposal for the representation unit in question in writing and shall have six (6) copies of such proposal fo the exclusive representative, twenty (20) additional copies for distribution to the main library at each campus and in the Office of the Chancellor, and a sufficient quantity, but not fewer than twenty (20), for interested members of the public in attendance at the public hearing. At such meeting, the Board of Trustees or its designated committee may, at its discretion, clarify or otherwise explain its proposal. Thereafter, the Board of Trustees or its designated committee shall set a time for a fourth public meeting.
(e) At the fourth meeting, members of the public shall be given an opportunity to address the proposals presented at the third meeting. In all other respects, the rules which govern the second meeting, set forth in subsection (c) hereof, shall govern.
(f) After the public has had the opportunity to express itself, the Board of Trustees or its designated committee shall, at the fourth meeting or at an additional public meeting scheduled at the Board of Trustees' or its designated committee's discretion, adopt a proposal including any changes in its initial proposal which it deems appropriate in light of the proceedings described herein.
(g) Notwithstanding any other provision of this Article, for all meetings required pursuant to this Article, if the Board of Trustees or its designated committee fails to schedule a meeting, it shall be scheduled by the Chair of the Board of Trustees or of its designated committee.
(h) Nothing herein shall preclude the consideration or proposals for more than one representation unit at a particular public meeting.
Note: Authority cite: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
s 43726. Procedures -Additional Proposals.
If new subjects of meeting and conferring arise after the presentation of the initial proposals, the following procedures shall prevail:
(a) All new subjects of meeting and conferring, whether proposed by the exclusive representative of the Board of Trustees or its designated committee, shall be posted by The California State University within twenty-four (24) hours and no meeting and conferring will take place on the subject until the item has been posted for twenty-four (24) hours.
(b) If the Board of Trustees or its designated committee votes on any new subject described above, the vote thereon by each member voting shall be disclosed by posting within twenty-four (24) hours.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
s 43727. Definition.
For the purpose of this article, "bona fide association" means an organization of employees and/or former employees of the California State University which does not have as one of its purposes the representing of employees in their relations with the California State University or any entity of the State of California. A "bona fide association" may include affirmative action advocacy groups and professional organizations.
Note: Authority cited: Sections 89030 and 89500, Education Code; and Section 3566, Government Code. Reference: Sections 1150(d) and 3566, Government Code.
s 43728. Registration.
Each bona fide association shall submit to the Chancellor or designee an annual registration statement on or about July 1 of each calendar year in a form prescribed by the Chancellor or designee. The registration statement shall include the following information: name of the bona fide association, its headquarters address, telephone number, list of principal officers and their mailing addresses. The statement shall also include a written certification that the bona fide association is observing and has observed in the past year the following:
(a) The purpose of the association is not to represent California State University employees or any other State employees on matters within the scope of representation; and
(b) The association does not have an affiliation with an employee organization of the California State University or any other State entity; and
(c) The association is not acting as an employee organization by filing unfair labor practice charges or competing to be an exclusive bargaining agent in unit certification elections of the California State University or any other State entity.
The statement shall be accompanied by a copy of the association's bylaws and a statement of the organization's purpose.
Note: Authority cited: Sections 89030 and 89500, Education Code; and Section 3566, Government Code. Reference: Sections 1150(d) and 3566, Government Code.
s 43729. Revocation of Registration.
The registration of a bona fide association may be removed by the Chancellor or designee for the following reasons:
(a) Determination by the Chancellor or designee that the bona fide association has represented an employee in his or her employer- employee relations with the California State University or an entity of the State of California, or is affiliated with an employee organization of the California State University or any other State entity.
(b) Failure of the bona fide association to provide the annual registration statement.
(c) Determination by the State Controller that the bona fide association has interfered or failed to cooperate in an employee's request to decline membership or payroll dues deduction.
Note: Authority cited: Sections 89030 an 89500, Education Code; and Section 3566, Government Code. Reference: Sections 1150(d) and 3566, Government Code.
s 43750. Delegation of Authority.
The Chancellor shall prescribe, and may from time to time revise Grievance Procedures for Academic Personnel which meet the requirements of Education Code Section 89542.5. The Chancellor shall consult as appropriate with respect to such procedures. The Chancellor shall report to the Board on procedures issued or revised pursuant to this section.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89542.5, Education Code.
s 43775. Delegation of Authority.
The Chancellor shall prescribe and may from time to time revise grievance procedures for nonacademic and administrative personnel as defined in Section 42700(o) and (m) respectively. The Chancellor shall consult as appropriate with respect to such procedures. These procedures may be utilized for all nonacademic and administrative employees except nonacademic and administrative employees who are temporary employees and shall include nonacademic and administrative employees who are on full or partial leave of absence with or without pay. The Chancellor shall report to the Board on procedures issued or revised pursuant to this section and shall require their publication at the campuses in an appropriate manner.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
s 43800. Amendment.
The Trustees retain authority, pursuant to law, to add, amend, or repeal any of their regulations including but not limited to those relating to tenure, layoff, dismissal, demotion, suspension or reinstatement of academic and administrative employees, in whole or in part, at such time as they may choose.
Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 89500, Education Code.
NOTE: It having been found, pursuant to Government Code Section 11409(a),
that the printing of the regulations constituting the California State
University Conflict of Interest Code is impractical and these regulations being
of limited and particular application, these regulations are not published in
full in the California Code of Regulations. The regulations are available to
the public for review or purchase at cost at the following locations:
THE CALIFORNIA STATE UNIVERSITY
401 GOLDEN SHORE, 4TH FLOOR
LONG BEACH, CALIFORNIA 90802
FAIR POLITICAL PRACTICES COMMISSION
1100 K STREET
SACRAMENTO, CALIFRONIA 95814
ARCHIVES
SECRETARY OF STATE
1020 "O" STREET
SACRAMENTO, CALIFORNIA 95814
The California State University Conflict of Interest Code is designated as
Article 20 of Subchapter 7, Chapter 1, Division 5 of Title 5 of the
California Code of Regulations and consists of sections numbered and titled as
follows:
Article 20. California State University -Conflict of Interest Code
Section
43810..... General Provisions
Appendix
Note: Authority cited: Sections 87300 and 87304 Government Code. Reference: Sections 87300, et. seq., Government Code.
s 43825. Memorandum of Understanding.
Notwithstanding any other provision of this subchapter, if a Memorandum of Understanding entered into pursuant to the Higher Education Employer-Employee Relations Act is in conflict with provisions in this subchapter, the terms of the Memorandum of Understanding and not the provisions of this subchapter shall govern as to those employees covered by the Memorandum of Understanding.
Note: Authority cited: Sections 66600, 89030 and 89500, Education Code. Reference: Section 3560, et seq., Government Code.
s 43850. Authority.
The regulations adopted under this Subchapter implement the requirements of the California Environmental Quality Act of 1970, and the Statewide Guidelines issued by the Resources Agency, pursuant to Public Resources Code Section 21082.
Note: Authority cited: Sections 66600, 89030 and 89035, Education Code; and Section 21082, Public Resources Code. Reference: Section 21082, Public Resources Code.
s 43851. Definitions.
(a) Environmental Documents. "Environmental Documents" means Draft and Final Environmental Impact Reports, Environmental Impact Statements, Initial Studies, Negative Declarations, Notices of Completion, Notices of Determination, and any other studies, reports, or documents required of the Trustees by environmental legislation or applicable administrative rules.
(b) Ministerial Projects. The term "Ministerial Projects" refers to projects in which the Trustees' actions involve only the use of fixed standards or objective measurements without personal judgment. Ministerial projects are not covered by the Environmental Quality Act of 1970; they therefore do not require an environmental study or the preparation of an Environmental Document.
(c) Project. (1) The term "Project" refers to the whole of an action, which has a potential for resulting in a physical impact on the environment, directly or ultimately, that is any of the following:
(A) An activity directly undertaken by the Trustees including ut not limited to, public works construction or related activities, clearing or grading of land and improvements to existing public structures, which will result in a physical change in the environment; and the adoption of a new campus Master Plan or substantial revisions thereof.
(B) An activity undertaken by a person which is supported in whole or in part through contracts, grants, subsidies, loans, or other forms of assistance from the Trustees which will result in a physical change in the environment.
(C) The issuance by the Trustees of a lease, permit, license, or other entitlement for use to a person which use will result in a physical change in the environment.
(2) The term "Project" refers to the activity which is being approved and which may be subject to several discretionary approvals by governmental agencies. The term "Project" does not mean each separate governmental approval.
(3) The term "Project" does not include:
(A) Anything specifically exempted by state law.
(B) Proposals for legislation to be enacted by the state Legislature other than Trustee requests for authorization of funding independently from the Budget Act.
(C) Continuing administrative or maintenance activities such as purchases for supplies, personnel-related actions, emergency repairs to public service facilities, academic and other general policy and procedures making (except as they are applied to specific instances covered above), feasibility or planning studies.
(D) The submittal of proposals to a vote of the people of the state or of a particular community.
(E) Personnel actions.
(F) Ministerial projects.
(d) Statewide Guidelines. The term "Statewide Guidelines" means the official regulations on environment applicable to all state agencies including the Trustees, as adopted by the Office of Planning and Research and the Secretary for the Resources Agency pursuant to Public Resources Code Section 21083. These regulations may be found in Chapter 3, Division 6 of Title 14, California Administrative Code, commencing with Section 15000.
(e) Trustees. As used in this subchapter, "Trustees" refers to the Board designated by Education Code Section 66600 and to the Board's authorized officers acting within the scope of their duties.
Note: Authority cited: Sections 66600, 89030 and 89035, Education Code; and Section 21082, Public Resources Code. Reference: Section 21082, Public Resources Code.
s 43852. Purpose.
The purpose of these regulations is to provide for the principles, procedures, objectives, criteria and definitions to be used by the California State University in implementation of the California Environmental Quality Act of 1970. The orderly evaluation of a project must include consideration of the project's effects, if any, on the environment. This requires that initial studies be made on every project to determine if it will have a significant environmental effect. Environmental Documents will then be prepared and considered as a part of the planning process for all projects.
Note: Authority cited: Sections 66600, 89030 and 89035, Education Code; and Section 21082, Public Resources Code. Reference: Section 21082, Public Resources Code.
s 43853. Application.
These Guidelines have only general application to the diversity of projects undertaken or approved by the Trustees. They provide basic principles, objectives, criteria and definitions which are to be applied to the study of specific projects connected with the Trustees under procedures adopted pursuant to the delegation of authority provided in this Subchapter.
Note: Authority cited: Sections 66600, 89030 and 89035, Education Code; and Section 21082, Public Resources Code. Reference: Section 21082, Public Resources Code.
s 43854. Statewide Guidelines.
Procedures adopted under these Guidelines shall comply with the applicable requirements of the Statewide Guidelines.
Note: Authority cited: Sections 66600, 89030, and 89035, Education Code; and Section 21082, Public Resources Code. Reference: Section 21082, Public Resources Code.
s 43860. Delegation of Authority.
The Chancellor or designee is authorized to adopt such rules, orders, and procedures as may be necessary or appropriate to carry out these guidelines, including but not limited to:
(a) The designation of the appropriate officers or employees to conduct initial studies, order, prepare, review and make findings on Environmental Documents, and make such other decisions and determinations as are required under the procedures established by this Subchapter and the Statewide Guidelines.
(b) The issuance of new rules or procedures to conform the policies of the Trustees to changes in the Statewide Guidelines or any other requirements of state or federal law.
(c) Establishing fees pursuant to Education Code Sections 90500 and 89700, Public Resources Code Section 21089 and the Statewide Guidelines.
(d) Making application for the designation of categorical exemptions.
Note: Authority cited: Sections 66600, 89030 and 89035, Education Code; and Section 21082, Public Resources Code. Reference: Section 21082, Public Resources Code.
s 43861. Designations.
Persons designated pursuant to subdivision (a) of Section 43860 are authorized to order, prepare, and review Environmental Documents and to make such findings and determinations as are provided for under the California Environmental Quality Act of 1970, the Statewide Guidelines, and other environmental legislation and administrative rules applicable to the Trustees.
Note: Authority cited: Sections 66600, 89030 and 89035, Education Code; and Section 21082, Public Resources Code. Reference: Section 21082, Public Resources Code.
s 43870. Contract Approval.
Contracts of the Trustees under the California State University Contract Law (Public Contract Code, section 10700 et seq.) and contracts of the Trustees under section 10295 of the Public Contract Code shall comply with the DVBE provisions of article 1.5 (commencing with section 10115 of chapter 1 of part 2 of division 2 of the Public Contract Code and these regulations.
Note: Authority cited: Section 89030, Education Code; and Section 10115.3(b), Public Contract Code. Reference: Sections 10115 et seq., 10290 et seq., 10700 et seq., 12100 et seq. and 12120 et seq., Public Contract Code.
s 43871. Definitions.
As used in these regulations:
(a) "Trustees," for the purposes of this subchapter, means the Board of Trustees of the California State University created by section 66600 of the Eduction Code, and includes any division or campus thereof which has been delegated the authority to enter into contracts on behalf of the Trustees, and any person acting under authority of such delegation.
(b) "DVBE" means disabled veteran business enterprise.
(c) The term "contract" shall have the meaning set forth in section 10115.1 of the Public Contract Code.
(d) The term "disabled veteran business enterprise" ( "DVBE") shall mean a business concern meeting the criteria of Military and Veterans Code Section 999(g).
(e) "Bidder" means any person or entity making an offer or proposal, competitively or noncompetitively, for the purpose of securing the awarding or letting of a contract by the Trustees.
Note: Authority cited: Section 89030, Education Code; and Section 10115.3(b), Public Contract Code. Reference: Sections 10115, et seq., 10290 et seq., 10700 et seq., 12100 et seq. and 12120 et seq., Public Contract Code; and Section 999(g) Military and Veterans Code.
s 43872. Disabled Veteran Business Enterprise Goal.
In addition to other State contracting requirements, to qualify as a responsive bidder, a bidder may be required to meet the statewide participation goal, or demonstrate that a good faith effort was made to meet it, or, for contracts for materials, supplies, or equipment, including electronic data processing goods and services, have filed prior to the date for submitting an offer or proposal with the Trustees, a disabled veterans business enterprise utilization plan with the Department of General Services.
Note: Authority cited: Section 89030, Education Code; and Section 10115.3(b), Public Contract Code. Reference: Sections 10115 et seq., 10290 et seq., 10700 et seq., 12100 et seq. and 12120 et seq., Public Contract Code.
s 43873. Meeting the Goal or Making a Good Faith Effort.
(a) The requirement to meet the DVBE goal or make a good faith effort to meet it must be satisfied, at the time of bid opening, by meeting the provisions of (b) or (c) below.
(b) The requirement for meeting the DVBE goal shall be deemed to have been met if a bidder is a disabled veteran business enterprise and committed to performing not less than 3 percent of the dollar amount of the bid with its own forces, or is committed to use DVBEs for not less than 3 percent of the dollar amount of the bid.
(c) The requirement for making a good faith effort to meet the DVBE goal shall be determined as follows: the Trustees shall evaluate the effort made by the bidder to seek out and consider disabled veteran business enterprises as potential subcontractors, materials and equipment suppliers, or both in order to meet the requirement set forth in subdivision (b). In evaluating such effort, the Trustees shall consider written evidence of the actions specified in Public Contract Code, section 10115.2(b). Based on this evaluation, the Trustees, in its sole discretion, may make a finding that the good faith effort requirement has been met.
Note: Authority cited: Section 89030, Education Code; and Section 10115.3(b), Public Contract Code. Reference: Sections 10115 et seq., 10290 et seq., 10700 et seq., 12100 et seq. and 12120 et seq., Public Contract Code.
s 43874. Contract Awards.
(a) If a bidder fails to meet the "good faith effort" requirement of section 43873 and, for contracts for materials, supplies, or equipment, including electronic data processing goods and services, fails to have filed prior to the date for submitting an offer or proposal with the Trustees a disabled veterans business enterprise utilization plan with the Department of General Services, such bidder shall be deemed not to be a responsive bidder for purposes of Trustees' evaluation of an award of contract and is thus ineligible for an award. No provision of these regulations, however, shall be deemed to require the Trustees to make an award.
(b) With respect to invitations for bid for the purchase of supplies or equipment pursuant to the provisions of article 3 of chapter 2 of part 2 of division 2 of the Public Contract Code or the acquisition of goods and services pursuant to the provisions of chapter 3 of part 2 of division 2 of the Public Contract Code (commencing with section 12100) where the Trustees have reserved the right to make multiple awards of a single contract award, a bidder shall be deemed responsive regarding the requirement for the making of a good faith effort if there would be compliance with the provisions of section 43873 based on award for a single contract, notwithstanding such bidder may be unable to achieve compliance with the established goals if the Trustees exercise the right to make multiple awards.
(c) The statutory goals for awards of contracts under these provisions shall apply to the overall amount expended each year by the Trustees, and need not be met by every individual contract.
Note: Authority cited: Section 89030, Education Code; and Section 10115.3(b), Public Contract Code. Reference: Sections 10115 et seq., 10290 et seq., 10700 et seq., 12100 et seq. and 12120 et seq., Public Contract Code.
s 43880. Purpose.
These regulations implement Sections 999.1-999.9 of the Military and Veterans Code which establish a disabled veteran enterprise participation goal for professional bond services contracts for issuance of bonds by or on behalf of the State of California.
Note: Authority cited: Section 89030, Education Code; and Section 999.5(b), Military and Veterans Code. Reference: Section 89036, Education Code; and Section 999 et seq., Military and Veterans Code.
s 43881. Definitions.
The terms used in this article shall have the meanings described in Military and Veterans Code, section 999.
Note: Authority cited: Section 89030, Education Code; and Section 999.5(c), Military and Veterans Code. Reference: Section 89036, Education Code; and Section 999 et seq., Military and Veterans Code.
s 43882. TBE List.
The Treasurer maintains a list of target business enterprises (TBE) which include disabled veteran business enterprises (DVBE's). The list is organized by the types of professional bond services (e.g., underwriters, bond counsels, financial advisors). The list shall be known as the "TBE List." The Trustees shall use this list as evidence that TBE's meet the requirements of law. Applications for inclusion on this list, and appeals from determinations of the Treasurer, may be made in accordance with California Code of Regulations, title 2, sections 1899.510 et seq.
Note: Authority cited: Section 89030, Education Code; and Section 999.5(b), Military and Veterans Code. Reference: Section 89036, Education Code; and Section 999 et seq., Military and Veterans Code.
s 43883. Competitive Sales.
(a) Notices. If bonds are to be sold by competitive bid, the notice of sale shall:
(1) Be delivered to all underwriters on the TBE List;
(2) Contain, in substance, the following statement:
"Firms owned by disabled veterans are encouraged to respond to this invitation for bid. The Trustees have adopted regulations and a participation goal for professional bond services firms owned by disabled veterans. All bidders must certify awareness of these regulations and goal. Successful bidders will be required to submit reports to the Trustees concerning TBE outreach efforts and professional bond service participation in transactions related to the offer and sale of the bonds that are the subject of this notice of sale."
(b) Bids.
(1) The form for submitting bids shall contain, in substance, the following certification which shall be executed by the bidder:
"Bidder certifies that bidder is aware of the Trustees' regulations and participation goal for TBE's offering professional bond services."
(2) The Senior Managing Underwriter may make the certification required by subdivision (a) on behalf of the syndicate or selling group.
(c) Goals for Competitive Contract. The Trustees' annual goal for TBE participation in competitive contracts for professional bond services shall be 3 percent for disabled veteran business enterprises for each of the professional bond services. This goal need not be met in every competitive bond transaction but will be pursued on an aggregate annual basis considering all competitive bond transactions during a year. This goal will also be described in each notice of sale for bonds to be sold by competitive bid.
(d) Reports. The Senior Managing Underwriter in a competitive sale of bonds shall submit a written report regarding distribution of the underwriter's discount to the Trustees within 10 days of closing a transaction where the Senior Managing Underwriter's services were used.
Note: Authority cited: Section 89030, Education Code; and Section 999.5(b), Military and Veterans Code. Reference: Section 89036, Education Code; and Section 999 et seq., Military and Veterans Code.
s 43884. Negotiated Sales.
(a) Goal. The statutory goal for professional bond services in connection with bonds sold in negotiated transactions need not be met in every individual contract for services but will be pursued on an aggregate annual basis considering all contracts for professional bond services during a year. Thus, during the course of a year, there may be contracts without TBE participation and contracts with TBEs as prime contractor or TBE participation substantially higher than the statutory goal.
(b) TBE Qualifications. TBEs shall be considered for only those contracts or participation in contracts commensurate with their experience, capital, and compliance with applicable licensing requirements.
(c) Reports. The Senior Managing Underwriter in a negotiated sale of bonds shall submit a written report regarding distribution of the underwriter's discount to the Trustees within 10 days of closing a transaction where the Senior Managing Underwriter's services were used.
Note: Authority cited: Section 89030, Education Code; and Section 999.5(b), Military and Veterans Code. Reference: Section 89036, Education Code; and Section 999 et seq., Military and Veterans Code.