Student Senate for California Community Colleges

Coordinates: 38°34′18.8″N 121°29′42.2″W / 38.571889°N 121.495056°W / 38.571889; -121.495056

Student Senate for
California Community Colleges
Formation April 29, 2015 (2015-04-29)[1]
Founder Omar Paz Jr.[2]
Type Nonprofit corporation[3]
47–5327498, tax status: Federal[4][5] and State[6]
Registration no. C3782868[7]
Legal status Active,[8] definition of[9]
Purpose Charitable,[10] R.C.T. file number CT0227572[11]
Location
Methods Legislative advocacy
and participation in state-level shared governance
A president and 6 vice presidents[13]
Foundation for California Community Colleges[14]
Revenue
$0, 1/1/2017 – 6/30/2017[15]
Website studentsenateccc.org

Student Senate for California Community Colleges (SSCCC) is a nonprofit corporation. SSCCC endeavors to "improve student access, promote student success, engage and empower local student leaders, and enrich the collegiate experience for all California community college students".[16] The United States Internal Revenue Service has determined that SSCCC is organized for charitable purposes and that SSCCC is exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code.[4]

SSCCC came into existence on April 29, 2015 when a document titled "Articles of Incorporation of Student Senate for California Community Colleges" was filed in the office of the California Secretary of State.[1] The Articles were filed in accordance with Section 5120(a) of the California "Nonprofit Public Benefit Corporation Law".[17][18]

The activities of SSCCC are conducted and its powers are exercised by or under the direction of a "board of directors", as required by law.[19]

History

Establishment and incorporation

In 1996 the Chancellor of the California Community Colleges established a task force[20] named "Student Senate for the California Community Colleges".[21] The Board of Governors of the California Community Colleges subsequently recognized "the Student Senate for the California Community Colleges as the representative of community college-associated student organizations before the Board of Governors and the Chancellor's Office".[22] The operation of the Student Senate was funded by the State of California in accordance with California Education Code Section 71040.[23]

On May 7, 2006 community college students established an "unincorporated association" named "Student Senate for California Community Colleges".[24][25] The association solicited and received charitable contributions. It also solicited and received donations of student representation fees that had been collected in accordance with California Education Code Section 76060.5.[26] The members of the association's governing body (its "Student Senate Council") served ex-officio as the members of the task force named Student Senate for the California Community Colleges and the expenses that they incurred during such service were reimbursed by the Chancellor in accordance with Section 71040.

In 2013 the unincorporated SSCCC supported the amendment of Section 76060.5.[27][28] Amendments to Section 76060.5 were enacted and became effective on January 1, 2014. The amendments provide, in part, that "a statewide community college student organization" must be "established as a legal entity registered with the Secretary of State" in order to qualify to receive distributions of student representation fees from the Board of Governors of the California Community Colleges.[29] A nonprofit California corporation named Student Senate for California Community Colleges was established by Omar Paz Jr. in 2015 as a means of fulfilling the "legal entity" requirement in Section 76060.5, as amended.

Predecessor organizations

The unincorporated SSCCC was established in May 2006. It was preceded by several similar organizations: the California Junior College Association;[30] the California Community College Student Government Association;[31] the Community College Student Lobby;[32] and the California Student Association of Community Colleges (CalSACC).[33]

CalSACC logo.

CalSACC was established in 1987. In 1999, CalSACC's membership included 72 community college student body associations. By 2005, CalSACC's membership had dwindled to just 31 student body associations.[34] And by 2007, CalSACC had become "virtually non-existent".[35] In 2008 CalSACC's remaining assets [36] were donated to the unincorporated SSCCC. The sum of $57,150.53 was transferred to the SSCCC on June 3, 2008.

CalSACC had ten organizational subdivisions, which were called "regions". During the gradual disintegration and ultimate dissolution of CalSACC, its regions continued functioning autonomously. On May 6 and 7, 2006, community college student leaders from throughout California gathered at the Hyatt Regency Hotel in San Diego, California. They considered several model constitutions for a new statewide student organization. They adopted constitutional model "E" by a vote of 59 in favor and 11 opposed.[37] That model grouped the former CalSACC regions together under the name "Student Senate for California Community Colleges". Then, each of the ten former CalSACC regions selected two representatives, and those 20 representatives ratified the SSCCC constitution on May 7, 2006. The former CalSACC regions subsequently changed their names to reflect the fact that they had become regions of the SSCCC.

Western steps and entrance of the California State Capitol.

Noteworthy events

On March 5, 2012 the SSCCC, the California State Student Association, and the University of California Student Association sponsored a rally at the California State Capitol. About 8,000 people gathered on the western steps of the capitol and listened to speeches by student leaders and by state leaders, including Lieutenant Governor Gavin Newsom, Assembly Speaker John Pérez, and Senate President Pro Tem Darrell Steinberg.[38] After the rally, protestors from the Occupy movement entered the capitol and refused to leave. Officers of the California Highway Patrol arrested 72 people for trespassing.[39] These events generated dozens of news reports.[40]

Governance

SSCCC regions map.

Each community college student body association[41] may accept and hold one SSCCC membership. Each SSCCC member may authorize a natural person to cast votes on its behalf on matters which may require a vote of the SSCCC members.[42] A natural person who is authorized to cast votes on behalf of a SSCCC member is referred to as a "Delegate" and a meeting of the SSCCC members is known as a "Delegate Assembly". A "Fall Delegate Assembly" is usually held during the month of October or November and a "Spring Delegate Assembly" is usually held during the month of April or May.

SSCCC has divided the territory of the State of California into 10 geographic regions.[43] The Delegates in a region may hold regional meetings and may elect up to 3 Directors. SSCCC may therefore have up to 30 Directors. The Directors are voting members of SSCCC's Board of Directors.

A meeting of the Board of Directors may elect a Director to the office of president and may elect 6 other Directors to the office of vice president. These elections usually take place during the month of July. When a Director is elected to the office of president or vice president, that event creates a vacancy in the office of Director. The vacancy may subsequently be filled by a vote of the Delegates at a regional meeting. The president and vice presidents are voting members of the Board of Directors. The president presides over meetings of the Board. The president or vice presidents preside over the meetings of various committees of the Board. Meetings of the Delegate Assembly, the Board, and committees of the Board are all held in accordance with the California Public Records Act and the Ralph M. Brown Act.

SSCCC has the legal authority to "Adopt, amend, and repeal bylaws".[44] The bylaws may contain "any provision, not in conflict with law or the articles, for the management of the activities and for the conduct of the affairs of the corporation".[45] SSCCC's bylaws provide that, "The membership of the Senate shall consist of all currently-enrolled students of the California Community Colleges system".[46] The membership of the Senate has the voting rights provided by law.

Principal office and officers

California Community Colleges building, 1102 Q Street, Sacramento, California.

A "Statement of Information" was filed in the office of the California Secretary of State on February 8, 2017. The statement indicates that the street address of SSCCC's principal office in California is: 1102 Q Street, 5th Floor, Sacramento, California, 95811.[47] SSCCC's bylaws provide for the election of a "President" and six vice presidents.[48]

Lobbying

Education Code Section 76060.5 authorizes the collection and expenditure of student representation fees. Subdivision (c)(1) of Section 76060.5 provides that such fees "shall be expended to establish and support the operations of a statewide community college student organization, recognized by the Board of Governors of the California Community Colleges, with effective student representation and participation in state-level community college shared governance and with governmental affairs representatives to advocate before the Legislature and other state and local governmental entities".

SSCCC's representatives participate in state-level community college shared governance by serving as members of a "Consultation Council" [49] established by the Chancellor of the California Community Colleges. SSCCC's Legislative Affairs representatives engage in legislative advocacy by contacting members of the California Legislature and by testifying before committees of the Legislature. Efforts to influence the decisions of California legislators and officials must be conducted in accordance with the "Political Reform Act of 1974".[50] The provisions of that Act are administered by the Political Reform Division of the California Secretary of State's office.

Board of Governors' recognition of SSCCC

On March 20, 2017 the Board of Governors of the California Community Colleges approved a "Memorandum of Understanding" which recognizes that SSCCC is a statewide community college student organization within the meaning of California Education Code Section 76060.5.[51] That recognition makes SSCCC eligible to receive distributions of student representation fees from the Board of Governors. The Memorandum of Understanding provides that the Board of Governors may cancel the memorandum upon thirty days written notice to SSCCC.[52]

The Board of Governors has also recognized SSCCC "as the representative of community college students in conjunction with the associated student organizations in the Consultation Process and before the Board of Governors and Chancellor's Office".[53] This recognition makes SSCCC's officers and directors eligible to receive public reimbursements for the expenses that they incur while participating in community college shared governance processes. The total amount of such reimbursements may be up to $60,000 each year.

Having been recognized "as the representative of community college students in conjunction with the associated student organizations in the Consultation Process and before the Board of Governors and Chancellor's Office", SSCCC has the authority to nominate persons to serve as student members of the Board of Governors. SSCCC may periodically submit to the Governor of California a list of names of at least three persons who are eligible to be appointed to the Board of Governors.[54]

Student Aid Commission nominees

The California Student Aid Commission has 15 members, including 2 student members. The student members of the Commission are nominated by student organizations and appointed by the Governor of California, with those appointments being subject to confirmation by the California State Senate.

The Student Aid Commission has delegated to its Director (its chief executive officer) the power to determine whether a particular student organization is "a composite group of at least five representative student government associations".[55] The Director may invite student organizations that meet this standard to nominate three to five students to serve as members of the Commission. The Director has determined that SSCCC is "a composite group of at least five representative student government associations" and that SSCCC is eligible to nominate students to serve as members of the Commission. The Director periodically invites SSCCC to submit a list of nominees to the Governor.[56]

Voting members of SSCCC

    The voting membership of SSCCC includes the following student body associations:
Associated Students of Sierra College
Associated Students College of Marin
Associated Students of Barstow College
Associated Students of Merritt College, Inc.
Associated Students of Santa Monica College
Associated Students of Yuba College
College of the Sequoias Student Senate
Butte College Associated Students
Associated Students of Chabot College
Chaffey College Student Government
Associated Students of College of the Desert
Associated Students of Cabrillo College
Associated Students of Cerritos College
Student Government of Cerro Coso
Associated Students of Palomar College
Associated Students of Grossmont College
Associated Students of Crafton Hills College
Associated Students of College of Alameda
Associated Students (at Cypress College)
De Anza Associated Student Body
Associated Students of Foothill College
Associated Students of Diablo Valley College
Associated Students of Fullerton College
Associated Students of Laney College
Associated Student Body of Lassen College
Associated Students of Mendocino College
Associated Students of Merced College
Associated Students of Moorpark College
Associated Students of Norco College
Associated Students of Oxnard College
College of the Sequoias Student Senate
Associated Students of Golden West College
Associated Students of Orange Coast College
Shasta College Student Senate
Associated Students of Mt. San Antonio College
Associated Students of Moreno Valley College
Associated Students of Riverside City College
Associated Students of College of the Redwoods
Associated Student Government (at Reedley College)
Associated Students of Solano Community College
Associated Student Organization of Southwestern College
Associated Students of Woodland Community College
West Hills College Lemoore Associated Student Body
Associated Student Body of Victor Valley College
Associated Student Organization of West Valley College
Associated Student Government of MiraCosta College
Associated Student Government of Mission College
Fresno City College Associated Student Government
Associated Students Government of Imperial Valley College
Associated Student Union of East Los Angeles College
Associated Students Organization of El Camino College
Associated Students of Evergreen Valley College
Sacramento City College Student Associated Council
Associated Student Government of Cuyamaca College
Associated Student Government of Santa Barbara City College
Associated Student Body Government of Allan Hancock College
Associated Students of Copper Mountain College
Associated Students of LTCC (at Lake Tahoe Community College)
Associated Student Body (at American River College)
Associated Student Government (at Clovis Community College)
Associated Student Body (at Long Beach City College)
Bakersfield College Student Government Association
Associated Student Union of Contra Costa College
Los Angeles Mission College Associated Student Organization
Los Angeles Pierce College Associated Student Organization
Associated Student Union of Los Angeles Valley College
Coastline Community College Associated Student Government
Associated Student Government of San Bernardino Valley College
Associated Students Government of San Diego City College
SRJC Associated Students (at Santa Rosa Junior College)
The Associated Student Government of the Madera/Oakhurst Centers
Associated Student Government of Santa Ana College
Santiago Canyon College Associated Student Government
Associated Student Organization (at Los Angeles Trade–Technical College)

References

  1. 1 2 The Articles of Incorporation of Student Senate for California Community Colleges was filed in the office of the California Secretary of State on April 29, 2015. The filing of the Articles initiated SSCCC's existence as a corporation.
  2. Omar Paz Jr. signed SSCCC's articles of incorporation and he thereby became SSCCC's founder and "Incorporator".
  3. SSCCC is classified as a "Domestic Nonprofit" corporation.
  4. 1 2 The U.S. Internal Revenue Service has determined that SSCCC is exempt from taxation under §501(c)(3) of the Internal Revenue Code.
  5. SSCCC is a public charity (PC) and is eligible to receive tax-deductible charitable contributions. Retrieved 1 August 2018.
  6. In 2016 the California Franchise Tax Board determined that SSCCC is exempt from taxation under §23701d of the California Revenue and Taxation Code. SSCCC's current status with the Franchise Tax Board may be obtained from the FTB's website.
  7. SSCCC's original articles of incorporation are filed in the office of the California Secretary of State in file number C3782868.
  8. Records maintained by the California Secretary of State show that SSCCC's legal status is "Active".
  9. SSCCC is an "Active" California corporation and is therefore entitled "to carry out its business activities".
  10. SSCCC was formed under the Nonprofit Public Benefit Corporation Law for "charitable purposes".
  11. SSCCC is supervised by the California Attorney General's Registry of Charitable Trusts. The Registry has assigned to SSCCC the file number CT0227572.
  12. Street map.
  13. "Board of Directors 2018–2019". SSCCC. Retrieved 8-21-2018.
  14. The Foundation and SSCCC have entered into a "Management Services Agreement". That agreement became effective on July 1, 2017.
  15. Annual Registration Renewal Fee Report to the Attorney General of California, "Part A". Filed November 14, 2017.
  16. Article II, B, 1 of the Articles of Incorporation of Student Senate for California Community Colleges.
  17. California Corporations Code Section 5120.
  18. Nonprofit Public Benefit Corporation Law; California Corporations Code Section 5110.
  19. "Board of directors". Corporations Code Section 5210.
  20. A task force is "any semipermanent organization set up to carry out a continuing task". TheFreeDictionary.com. Farlex, Inc.
  21. Fernandez, Frank, and Michalowski, Linda (2009). History of the Student Senate. "Statewide Student Senate formed in 1996", page 5.
  22. Section 50002(b), Title 5, California Code of Regulations. Section 50002 became operative on September 8, 1996.
  23. California Education Code Section 71040.
  24. Roselada, Pauline. "ASSC students attend Student Senate Assembly". The Skyline View, May 14, 2006.
  25. SSCCC (2015). "Until April 29, 2015, SSCCC was operated as an unincorporated association." Second page of the "Attachments" to SSCCC's Application for Recognition of Exemption Under Section 501(c)(3) of the Internal Revenue Code ("Form 1023"; signed on November 13, 2015). A copy of that application was received by the California Attorney General's office on November 18, 2015.
  26. Assembly Bill No. 2576 proposed the enactment of Education Code Section 76060.5. That bill was drafted by Gregory G. Hayes, Vice President of the Student Association of American River College. It was introduced by Assembly Member Tom Hayden and signed into law by Governor George Deukmejian. The bill was chaptered by Secretary of State March Fong Eu as Chapter 1238 of the Statutes of 1987 (pages 4400–4401).
  27. Senate Committee on Education (2013). "Bill Analysis". California State Senate, "SUPPORT" by SSCCC, page 8.
  28. SSCCC (2013). "Support community college student representation – AB 1358". Change.org.
  29. California Education Code Section 76060.5, as amended by Chapter 714 of the Statutes of 2013; Assembly Bill No. 1358, introduced by Assembly Member Paul Fong.
  30. Winter, Carl G. “History of the Junior College Movement in California”. California State Department of Education, December 21, 1964.
  31. California Community College Student Government Association; in Opinions of the California Attorney General, Volume 65, page 638 (1982), cited in Funeral Security Plans, Inc., Plaintiff and Appellant, v. State Board of Funeral Directors et al., Defendant and Appellant.
  32. Community College Student Lobby; California Secretary of State's file number C1096599.
  33. California Student Association of Community Colleges; in Chapter 35 of the Statutes of 2007.
  34. Michalowski, Linda (2012). "History of the Student Senate for California Community Colleges". California Community Colleges Chancellor's Office, slide number 7.
  35. Senate Committee on Education (2007). "Bill Analysis" of Senate Bill No. 283 (introduced by Senator Abel Maldonado). CalSACC is described as "virtually non-existent" on page 2 of the Bill Analysis.
  36. Remaining assets; California Corporations Code Section 18130.
  37. North, Wheeler (2006). "And the Red Rocket's Glare". Rostrum, Academic Senate for California Community Colleges.
  38. hÉochaidh, Roibín Ó. "Students rally in Sacramento against public-education cuts". UC Berkeley News Center, The Regents of the University of California, March 6, 2012.
  39. Asimov, Nanette. "Sacramento higher-ed protest leads to 72 arrests". SFGate, March 6, 2012.
  40. "March in March" articles and photographs archive. City College of San Francisco.
  41. A "student body association" may be organized and operated in accordance with California Education Code Section 76060.
  42. California Corporations Code Section 5056(c).
  43. "Student Senate Regions". Chancellor's Office, California Community Colleges. State of California.
  44. California Corporations Code Section 5140(b).
  45. California Corporations Code Section 5151(c).
  46. Student Senate for California Community Colleges Constitution, Article I, Section 2, page 2.
  47. A copy of the Statement of Information dated February 8, 2017 may be found on the Secretary of State's website.
  48. Section 8, Article IV, SSCCC Constitution. Retrieved 8-15-2018.
  49. "Consultation Council". California Community Colleges Chancellor's Office.
  50. Political Reform Act of 1974, commencing with California Government Code Section 81000.
  51. Minutes of the Board of Governors meeting of March 20, 2017, page 3, "Item 2.2".
  52. Memorandum of Understanding By and Between the BOARD OF GOVERNORS OF THE CALIFORNIA COMMUNITY COLLEGES, the CALIFORNIA COMMUNITY COLLEGE CHANCELLOR'S OFFICE and the STUDENT SENATE FOR CALIFORNIA COMMUNITY COLLEGES, page 11, "Cancellation".
  53. Procedures and Standing Orders of the Board of Governors, September 2013, section 333.
  54. California Education Code Section 71000(b)(1)(C).
  55. California Education Code Section 69511.5(b).
  56. California Student Aid Commission (March 27, 2017). Letter to SSCCC regarding the nomination of students to the Commission.
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