Wyo. Code R. 027-0002-1
Effective Date: 01/15/2020 to 02/02/2022
Rule Type: Superceded Rules & Regulations
Reference Number: 027.0002.1.01152020
Section 1. Authority. This Chapter is promulgated pursuant to Wyoming Statute 21-15-114(a)(xv).
Section 2. Definitions.
(a) “Aggrieved party” means a school district whose legal rights, duties or privileges have been harmed by an act of the Commission and which is entitled to a contested case proceeding as provided by law.
(b) “Capital Construction” means those remedies receiving legislative funding. Capital Construction does not include major building and facility repair (major maintenance) funding.
(c) “Closed” means any school building or facility that is not currently being used and is capable of being reopened.
(d) “Cohort Survival Calculation” means the rate of progression for each grade (K through 11) to the next grade (1 through 12) using the ten-year average for each grade progression.
(e) “Component Level Recommendations” means recommendations by the Commission to implement remedies to address school building and facility condition by repairing or replacing components when it is determined by the Commission that it is not feasible for districts to do so solely with major maintenance funds.
(f) “Contractor” means any person who is a party to a contract with the Commission or a district to construct, erect, alter, install or repair any Commission approved remedy.
(g) “Department” means the State Construction Department.
(h) “Design Charrette” means an interactive and collaborative process where participants (school district, architects and others) work in a focused and sustained effort to develop the basis for a feasible building design that meets the educational, budgetary and schedule goals for the project.
(i) “Design Professionals” means the architect or other professional contracted with the district to design a remedy.
(j) “Educational specifications or “Ed-specs” means those specifications used to define the programmatic, educational and functional goals of the educational facility.
(k) “Facility Condition Assessment” (FCA) means the systematic process of collecting measured data, or making observations relative to the physical condition of a building or facility or one or more of its components or group(s) of components and recording the results.
(l) “Facility Condition Index” (FCI) means a numerical rating or building condition score based on measured data or assessment of physical components or systems. The condition of a building is expressed as a ratio of the Cost to Repair Deficiencies, or “Deferred Maintenance” (DM) divided by the Current Replacement Value (CRV) of the building. The formula is:
$$FCI = \frac{\sum DM}{\sum CRV}$$
(m) “Facility Condition Needs Index” (FCNI) means a numerical rating or score assigned to a building represented by the FCI measured components and additional data comprised of technology readiness (TECH), illumination (ILLUM), and indoor air quality (IAQ). The FCNI is expressed as a ratio of the Cost to Repair Deficiencies or “Deferred Maintenance” (DM) plus the cost of the three additional systems divided by the Current Replacement Value (CRV) of the building plus the cost of the building improvements associated with the three systems. The formula is:
$$FCNI = \frac{\sum DM + DMILLUM + DMTECH + DMIAQ}{\sum CRV + CRVILLUM + CRVTECH + CRVIAQ}$$
(n) “Informal Review” means the opportunity afforded a school district under W.S. 21-15-116(f) to consult with the Department or Commission regarding an action of the Department or Commission prior to seeking administrative review.
(o) “Kick-off Meeting” means a meeting(s) between personnel of the Department and personnel of the district, in addition to such other persons as may be necessary to accomplish project planning.
(p) “Leased Facilities” means any land, building or equipment or other capital asset that has been leased by or to a district.
(q) “Mothballed building or facility” is any district building or facility which is closed and not operational, has the potential to be re-opened, is not being replaced under a district’s facility plan approved by the Commission, is not determined surplus within the district’s facility plan, and is maintained in good condition, for a maximum of three (3) years without additional approval from the Commission.
(r) “Payable-Leased Facilities” are those facilities which are used by the district to provide the approved educational programs as prescribed by W.S. 21-15-109(c)(i)(B). These facilities shall be included in the district’s gross square footage totals.
(s) “Permanent Modular Building” means a pre-built, factory constructed and assembled school building or facility that is transported in an assembled condition to the location on which the building or facility is to be situated that is placed on a permanent foundation, and that is expected to be used by the district for its designed lifetime.
(t) 'Project budget' means the amount of legislative funding allocated to a specific remedy. The project budget for any specific remedy shall be an amount determined by the Commission to be sufficient to fund the total project cost of the remedy. Funds allocated to a specific remedy remain State funds and are not an entitlement of any district.
(u) 'Separate Account' means an individual account held by the district for depositing and expending major building and facility repair funds. These funds shall not be co-mingled with any other funds or accounts.
(v) 'Total project cost' means all project costs, including but not limited to: land acquisition, site preparation, design, construction, contingencies, FF&E, special studies (e.g. traffic, lighting), surveys, environmental assessments, geotechnical investigations, demolition, commissioning, owner's representative fees, testing and inspections, plan review, and building permit/occupancy fees.
(a) The Chair shall preside at all meetings of the Commission. The Chair shall appoint all committees and perform such duties as the statute, rule or the Commission specifies.
(b) In the absence of the Chair at any meeting of the Commission, the Vice-Chair shall serve as Acting Chair of the meeting. If both the Chair and Vice-Chair are absent or otherwise unable to preside over the meeting or perform a specified duty, the Chair shall designate a commissioner to serve as Acting Chair for the meeting or task.
(a) The Administrator of the School Facilities Division shall function as Secretary to the Commission, and the Department shall administratively implement the Commission's rules. The Secretary for the Commission shall conduct and care for all the correspondence of the Commission and keep and maintain the minutes of all the meetings of the Commission and the books and records of the Commission. The Secretary shall provide notice of the time and place of all meetings of the Commission, including an agenda of items to be discussed, to each Commissioner.
(b) All orders and final decisions of the Commission, the minutes of all its sessions, meetings and proceedings, and the Commission's rules shall be kept by the Secretary for permanent public record and shall be open for public inspection at the office of the Department, 700 West 21st Street, Cheyenne, WY 82002. The Secretary may certify to the correctness of any copies of such documents.
(a) The Commission shall meet at least quarterly and at other times as necessary to transact its business.
(b) Meetings of the Commission are open to the public, except for those meetings or portions of a meeting that may be conducted in executive session pursuant to W.S. 16-4-405.
(c) Commissioners may attend meetings using telephonic or other means of telecommunication.
(d) Meetings and hearings shall be separate functions.
(e) A majority vote of the members of the Commission present at a meeting shall be required for approval of any actions of the Commission.
(a) An agenda shall be prepared by the Secretary and approved by the Chair. The agenda shall set forth all matters to come before the Commission at the meeting and indicate for each matter whether it requires action to be taken by the Commission at the meeting. Before each meeting of the Commission, the Secretary shall circulate to all Commissioners the agenda so prepared by the Secretary and approved by the Chair. A public comment period may be included in the agenda at the discretion of the Chair.
(b) Other than for purposes of public comment, persons desiring to have a matter brought before the Commission shall make such request through the Department who will work with the persons making the request to determine how and when it is appropriate that the matter be presented to the Commission.
(a) A Commissioner shall recuse himself from all proceedings relating to a matter if he has a personal or private interest in the matter. The Commissioner shall recuse himself by serving a written or verbal notice of recusal upon the Chair, who shall notify all other Commissioners and any parties involved in the matter. On and after the date of recusal, the recused Commissioner shall not participate in any deliberations, decisions or other actions of the Commission relating to the matter.
(b) A recused Commissioner may attend hearings and other proceedings related to a recused matter as a member of the public. The Commissioner may also attend any Commission meeting at which topics relating to the matter arise and participate in the deliberations, decisions and other actions of the Commission on topics unrelated to the matter upon which recusal has occurred.
Contracts, agreements, memoranda of understandings and other documents of the Commission may be signed by the Chair, or by a designee of the chair. The Secretary shall sign only those contracts, agreements, memoranda of understanding or other documents of the Commission for which the Commission has delegated its authority to the Secretary. The Secretary may further designate a member of the staff to sign on his or her behalf.
(a) All requests for public records from the Commission shall be in writing and processed according to this Section. For purposes of the Wyoming Public Records Act, the Secretary is the custodian of all public records of the Commission.
(b) The Commission incorporates by reference the following uniform rule:
(i) Chapter 2 – Uniform Procedures, Fees, Costs, and Charges for Inspecting, Copying, and Producing Public Records, adopted by the Department of Administration and Information and effective on September 6, 2016, found at: https://rules.wyo.gov;
(ii) The Commission has determined that incorporation of the full text in this rule would be cumbersome or inefficient given the length or nature of the rule;
(iii) The incorporation by reference does not include any later amendments or edition of the incorporated matter beyond the applicable date identified in subsection (b)(i); and
(iv) The incorporated rule is maintained at the Department’s Cheyenne office and is available for public inspection and copying at cost at the same location.
The Commission may grant exceptions to guidelines, standards, or methodologies on a case by case basis. The Department shall create a thorough written record supporting the granting or denial of every exception request. The Commission shall at a minimum consider the reasons why the exception is being requested, the nature of the request, any cost implications of the request, and whether alternative means exist to accomplish the purposes of the request. Exception requests shall be initially presented to the Department for its consideration and recommendation to the Commission.