APPOINTIVE EXEC. POSITION NAMES & DATA

2025 Regular Session Introduced by Micaela Cadena

The bill requires public posting of finalists’ names and resumes for appointive executive positions and collects aggregate demographic data, expanding transparency while repealing

action postponed indefinitely

#stateagencies&departments(includingreorganization)

Main purpose

Require greater public disclosure and standardized demographic reporting for finalists in searches for high‑level, non‑elected chief executive (appointive executive) positions at state agencies, public colleges/universities, and political subdivisions — and repeal an existing public‑records exemption that allowed withholding information on college presidential candidates.

Key provisions

Public announcement of finalists: Agencies, public colleges/universities, and political subdivisions must publish online the names and resumes of at least three finalists for any “appointive executive position” at least 10 days before a final selection decision.

“Appointive executive position” is defined as the nonelected chief executive officer of the entity (explicitly excludes cabinet secretaries and other political appointees).

Demographic data collection and reporting: Organizations must collect self‑reported demographic information from applicants/candidates, including:

Sex, gender identity, sexual orientation, race, ethnicity, and primary/other languages spoken.
Demographic data are to be released to the public only in aggregate form when finalists are announced; individual-level demographic responses are exempt from inspection.

Repeal of prior exemption: Removes the cited public‑records exception that allowed withholding information on college/university presidential candidates.

Effective date (as drafted): July 1, 2025.

Who would be affected

State agencies, public colleges and universities, counties, municipalities and other political subdivisions conducting searches for chief executive positions.

Applicants and finalists for appointive executive positions (names/resumes made public; demographic data collected in aggregate).

Office(s) charged with public records compliance and personnel/HR staffs (new administrative tasks).

Fiscal/economic impact

Estimated minimal and likely absorbable administrative costs (additional posting, data collection and recordkeeping). Some state legal counsel workload expected to increase advising on implementation.

Fiscal note raises potential implementation/training needs but no large recurring appropriation identified.

Notable concerns and implementation issues

Privacy and indirect-identification risks: If applicant pools are small, aggregate demographic data could make individuals identifiable.

Potential tension with anti‑discrimination statutes or human rights laws; public access to demographic profiles could fuel questioning about hiring decisions.

Ambiguities identified in the draft: definition scope (what counts as “state agency”), and precise boundaries of “appointive executive position” for entities that use different organizational titles.

Procedural / timeline

Introduced Nov 12, 2024. Draft set an effective date of July 1, 2025. Current legislative status: action postponed indefinitely.

If you want, I can:
- Draft a plain‑language FAQ for agencies on implementing the posting/data requirements; or
- Produce a short redline showing how this bill would change existing public‑records law.

Bill