Wyo. Code R. 057-0001-2
General Agency, Board or Commission Rules
Chapter 2: State Commission Operations
Effective Date: 12/14/1993 to 11/03/1998
Rule Type: Superceded Rules & Regulations
Reference Number: 057.0001.2.12141993
Section 1. Commission Structure. The State Commission is created by W.S. 21-18-201.
(a) Commission composition. The State Commission has seven (7) members. One (1) member is appointed from each of the seven (7) appointment districts as described by state law. (W.S. 9-1-218) No more than three (3) commissioners are from counties in which a district is located, unless that is impossible due to rotation of appointments among counties and existing appointees. No more than four (4) commissioners will be from the same political party. The governor and the state superintendent of public instruction or their designees are ex-officio, non-voting members of the Commission. (W.S. 21-18-201(b)(c)) State Commission members shall not be employees or trustees of a community college district. (W.S. 21-18-201(d))
(b) Commissioner appointment terms. The governor, with the advice and consent of the Wyoming Senate, will appoint the commissioners. Vacancies will be filled by the governor as provided by state law (W.S. 28-12-101). All terms of appointment will be for four (4) years, except appointments to fill unexpired terms. No person will be appointed for more than two (2) full, four (4)-year terms, plus any portion of a term served while filling a vacancy. (W.S. 21-18-201(a))
(c) Commissioner training. New commissioners will receive training by senior commissioners and commission staff in the roles and functions of a comprehensive community college system and the role of the State Commission.
(d) State Commission officers. The State Commission biennially will elect from its members a chairman and vicechairman. The Commission may elect other officers and define their duties by rule or resolution. The election of officers will be held at the Commission's first meeting after March 1 during odd-numbered years. Officer vacancies will be filled by action of the State Commission. The chairman will preside over Commission meetings. The vice-chairman will act in the absence of the chairman. In the absence of both the chairman and vice-chairman at a meeting, commissioners present will elect a temporary presiding officer to preside over that meeting.
The chairman shall perform such other duties as shall be vested in the office by the State Commission. The chairman shall be an ex-officio member of all committees. All official correspondence to or from the State Commission shall be reviewed by the chairman.
The chairman shall approve all out-of-state travel requests by State Commission members for purposes of official business. Section 2. State Commission Meetings.
(a) The State Commission will meet at least quarterly. Members will be paid per diem and travel expenses at the same rate allowed state employees while attending State Commission meetings or on Commission business. Commission meetings will be conducted according to the Wyoming Open Meetings Law (W.S. 16-4-401 through 16-4-407).
(b) The chairman may change, as necessary, the meeting date, time, place, or agenda in advance of the meeting, providing notice of the change to all who received notice of the meeting.
(c) The chairman may call special meetings, as necessary, with the concurrence of a majority of commissioners, following the Wyoming Open Meetings Law (W.S. 16-4-404).
(d) Following its spring meeting, the State Commission will adopt the dates, times and places for meetings for the next fiscal year.
(e) Distribution of meeting notices and agendas. Approximately two weeks prior to the meeting date, the executive director will mail the meeting notice and tentative agenda. The official agenda will be distributed at least one week prior to the meeting. Distribution of meeting notices and agendas will be done in the following manner:
(i) Mail the meeting notice and agendas to commissioners, college presidents, and other appropriate parties;
(ii) Post the meeting notice and agendas in the State Commission office;
(iii) Mail a copy of the meeting notice and agendas to a reporter for a newspaper with statewide circulation and to a general circulation newspaper in the community where the meeting will be held.
(f) State Commission meeting agenda. The agenda for each Commission meeting will be developed in the following manner:
(i) The tentative agenda will be developed by the executive director to include items necessary to carry out the State Commission’s business;
(ii) Any person may request that an item be removed from or added to the tentative agenda. Requests should be made to the chairman or executive director;
(iii) The chairman or his/her designee will decide whether to grant changes to the tentative agenda;
(iv) Each official agenda will include an item labeled “Supplemental Agenda Items.” During the designated time, any commissioner or person appearing before the State Commission may request that an item be added to the agenda and considered by the State Commission. Only those supplemental agenda items approved by majority vote of commissioners present will be considered at that meeting.
(g) State Commission quorum. Except as otherwise provided by law or in the State Commission Rules, a quorum for the State Commission to conduct business will be four (4) or more commissioners. A simple majority of those present will be needed to pass an item, except as otherwise noted. The chairman will have the right to vote on all matters.
(h) State commissioner meeting attendance. Any commissioner who does not attend at least fifty percent (50%) of all regularly scheduled (non-emergency or special) meetings during any year, commencing from the date of his/her appoint- ment, will automatically be removed from office, his/her position declared vacant, and a replacement appointed. The executive director will provide the name of any commissioner who has not met the attendance requirement to the chairman and governor. The governor will appoint a successor within two (2) weeks from the date of certification. (W.S. 21-18-201(g))
Section 3. State Commission Ethics. The State Commission will develop a statement of ethics by January 1, 1994.
Section 4. Emergency Telephone Meetings. Special telephone meetings of an emergency nature may be called by the chairman of the Commission, with the concurrence of a majority of commissioners. Such meetings shall be in accord with the Open Meetings Act (W.S.16-4-401 through 16-4-407). All presidents, the trustees' association, and the press will be notified and invited to participate.
(a) General. The State Commission coordinates the Community College System for and in the State of Wyoming. The Commission is officially responsible for making System recommendations to the governor and the legislature. The Commission normally serves as the state representative on community college matters for state, regional, and national postsecondary education organizations or activities.
(b) Powers and Duties. The powers and duties of the State Commission are generally defined in W.S. 21-18-202(a).
(c) Public records. All documents received by, prepared by, or presented by the State Commission or its staff will be documents which are available for review (during normal business hours) and handled in compliance with the Wyoming Public Records Act (W.S. 16-4-201 through 16-4-205) and the State Commission's information practices rules (Chapter 13).
(d) State Commission members shall observe full media disclosure of public business, while providing for fair presentation of issues and recognition of concerned party dignity.
(a) General. The executive director is the full-time professional advisor and executive officer of the State Commission (W.S. 21-18-202(a)(i)).
(b) The State Commission shall delegate to the executive director the executive responsibility for administering the policies adopted by the Commission and executing all decisions of the Commission requiring administrative action. In the initiation and formulation of Commission policies, the executive director shall act as the professional advisor to the State Commission and present to the Commission drafts of proposed policy for the consideration of the Commission.
(c) Other staff members. The executive director will be responsible for hiring and supervising other staff members, who are needed and employed as available funds allow, to carry out the duties of the Commission.
(d) The executive director shall ensure the completion of the following tasks:
(i) Prepare an agenda for each State Commission meeting;
(ii) Record all proceedings of the State Commission;
(iii) Prepare minutes for adoption of each State Commission meeting;
(iv) Mail each member of the State Commission, college president, and board chair a copy of the minutes of each meeting, so that they reach all recipients at least five (5) working days before the next regular meeting;
(v) Maintain an index of minutes and exhibition of documents;
(vi) Attend all State Commission meetings;
(vii) Sign, when necessary, documents that affect the operations of the State Commission and which would otherwise require the signature of the chairman;
(viii) Perform other duties as assigned by the State Commission.
(a) District internal matters.
(i) District salaries. The State Commission will refer all requests for specific district salary information to the appropriate district.
(ii) Complaints against a district. Complaints or inquiries received by the State Commission or its staff about a specific district, and which deal with matters clearly within the jurisdiction of the individual district, will be referred to the president and board chair of the district.
(iii) Districts will inform the State Commission of new trustees within two weeks of their election or appointment. The Commission will provide each new trustee with a copy of the Wyoming Community College Code and the State Commission Rules.
(b) Consultation. In carrying out its responsibility to “ensure the operation and maintenance of the Community College System in a coordinated, efficient and effective manner” (W.S. 21-18-202(a)(ii)), the Wyoming Community College Commission realizes the need for broad involvement in the planning process for the Wyoming Community College System. To that end, the State Commission seeks to develop and maintain appropriate lines of communication within the system that allow maximum input from all concerned.
The consultation process is more fully described in the “Wyoming Community College Commission
Policy on Consultation.” Consultation does not require consensus. The process is intended to provide those concerned with a meaningful opportunity to review and comment on proposed policy. Communication will be facilitated and suggestions will be invited and considered. It is the State Commission’s hope that all parties will agree on all issues; however, reality suggests that this will not be the case in at least some instances.
Consultation meetings will be held at a location determined by the executive director.
Several councils, composed of representatives of each college, and chaired by the executive director or his/her staff designee, are authorized and may be convened at the discretion of the executive director. These councils will be intended to provide advice and counsel to the Executive Council which shall in turn make recommendations to the State Commission’s executive director. Each council shall follow the “Wyoming Community College Commission Policy on Consultation.” All councils may include designees if the principal is unavailable.
(i) Executive Council shall be composed of the executive director, or designee, and the president of each district. The chief executive officers represent their respective trustees and districts in providing the institutional perspective for policy analysis.
(ii) Academic Affairs Council shall be composed of the executive director, or designee, and the chief instructional administrator of each college district. This council shall consider educational policy, program approval and course funding, including levels of funding, and any such other matters as may be delegated to it.
(iii) Student Services Council shall be composed of the executive director, or designee, and the chief student services administrator of each college. It shall consider statewide issues relating to student services.
(iv) Administrative Services Council shall be composed of the executive director, or designee, and the chief business officer of each college, and the A&I budget analyst. This council shall consider fiscal affairs, facilities, and such other matters as may be delegated to it.
(v) Community College Computer Council shall be composed of the executive director, or designee, and the president of each college. This council shall consider statewide computing needs and long-term computer network plans.
(c) Other councils, as approved by the State Commission, shall be created by the Commission’s executive director. The councils shall consider such matters as may be delegated to them. Such councils shall be advisory to the Executive Council.
(d) The State Commission packet is the booklet of material prepared for each commissioner prior to each commission meeting. Each college will be given one copy of the packet for its own internal distribution. Additional copies will be available at cost.
Section 8. Educational Business Activities. Educational business activities of the colleges must meet the following criteria which were established by the “Joint Policy Statement and Guide- lines” adopted by the State Commission and all seven boards of trustees.
(a) The activity is deemed to be an integral part in the fulfillment of the institution’s teaching and community service mission and other educational support activities;
(b) The activity is needed to provide a necessary good or service at a reasonable price, on reasonable terms, and at a convenient location and time;
(c) The activity is carried out for the primary benefit of the college student but with sensitivity to the total community; (d) Each college must comply with applicable laws and regulations pertaining to such activities;
(e) Colleges must consult with employer advisory committees on occupational education programs when it is necessary for the college to operate a business in conjunction with the training program.
(a) Severability. If any provision of the State Commission’s Rules is held invalid, the rest of the Rules will remain valid and will be construed to maintain their validity and effectiveness.
(b) Amendment of Rules. Any amendments to State Commission Rules will be promulgated under the Administrative Procedure Act, W.S. 16-3-101-115.