Wyo. Code R. 057-0001-2
Effective Date: 11/03/1998 to 06/04/2001
Rule Type: Superceded Rules & Regulations
Reference Number: 057.0001.2.11031998
The State Commission is created by W.S. 21-18-201 and derives its authority from W.S. 21-18-202 through 207.
This chapter governs the Commission's structure and procedures.
(a) The Commission has seven (7) members. One (1) member is appointed from each of the seven (7) appointment districts as described by state law. 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. Commission members shall not be employees or trustees of a community college district. (W.S. 9-1-218 and W.S. 21-18-201)
(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. 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)
(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 Commission.
(d) Commission officers. The Commission biennially will elect from its members a chair and vice-chair. 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 Commission. The chair will preside over Commission meetings. The vice-chair will act in the absence of the chair. In the absence of both the chair and vice-chair at a meeting, commissioners present will elect a temporary presiding officer to preside over that meeting. (W.S. 21-18-201(e))
The chair shall perform such other duties as shall be vested in the office by the Commission. The chair shall be an ex-officio member of all committees. All official correspondence to or from the Commission shall be reviewed by the chair.
(a) The Commission will meet at least quarterly. Members will be paid per diem and travel expenses at the same rate allowed state employees while attending Commission meetings or on Commission business. Meetings with single item or simplified agendas may be conducted by teleconference or videoconference methods as long as all interested parties have access to the proceedings. Commission meetings will be conducted according to the Wyoming Open Meetings Law (W.S. 16-4-401 through 16-4-407).
(b) The chair 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 chair may call special meetings, as necessary, with the concurrence of a majority of commissioners, following the Wyoming Open Meetings Law.
(d) At the last meeting of each fiscal year, the Commission will adopt the dates, times and places for meetings for the next fiscal year.
(e) Distribution of meeting notices and/or agendas. Approximately two weeks prior to the meeting date, the executive director will mail the meeting notices and/or tentative agendas. The official agendas will be distributed at least one week prior to the meeting. Distribution of meeting notices and/or agendas will be done in the following manner:
(i) Mail the meeting agendas to commissioners, college presidents, board chairs and other appropriate parties;
(ii) Post the meeting notices in the Commission office; and
(iii) Mail meeting notices and/or agendas to a newspaper with statewide circulation and to a general circulation newspaper in the community where the meeting will be held.
(f) The meeting agendas will be developed in the following manner:
(i) Tentative agendas will be developed by the executive director to include items necessary to carry out the Commission's business;
(ii) Any person may request that items be removed from or added to tentative agendas. Requests should be made to the chair or executive director; and
(iii) Official agendas will include items labeled 'Other Business.' During the designated time, any commissioner or person appearing before the Commission may request that items be added to the agenda and considered by the Commission. Only those supplemental agenda items approved by majority vote of commissioners present will be considered at that meeting.
(g) Commission quorum. Except as otherwise provided by law or in the Commission Rules, a quorum for the 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 chair will have the right to vote on all matters.
(h) 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 appointment, 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 chair and governor. The governor will appoint a successor within two (2) weeks from the date of certification. (W.S. 21-18-201(g))
The Commission will comply with Executive Branch Code of Ethics, Executive Order 1997-4.
Special telephone meetings of an emergency nature may be called by the chair of the Commission, with the concurrence of a majority of commissioners. Such meetings shall be in accord with the Open Meetings Act. All presidents, the trustees' association, and the press will be notified and invited to participate.
(a) General. The 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) Public records. All documents received by, prepared by, or presented by the 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).
(c) Commission members shall observe full media disclosure of public business, while providing for fair presentation of issues and recognition of concerned party dignity.
General. The executive director is the full-time professional advisor and executive officer of the Commission (W.S. 21-18-202(a)(i)).
(b) The Commission shall delegate to the executive director the executive responsibility for administering the rules and policies adopted by the Commission and executing all decisions of the Commission requiring administrative action. In the initiation and formulation of Commission rules and policies, the executive director shall act as the professional advisor to the Commission and present to the Commission drafts of proposed rules and policies for the consideration of the Commission.
(c) Other staff members. The executive director will be responsible for hiring and supervising other staff members to carry out the duties of the Commission.
(d) The executive director shall ensure the completion of the following tasks:
(i) Implement the role and mission of the Commission as reflected in statutes, rules, and policies;
(ii) Prepare an agenda for each Commission meeting;
(iii) Record all proceedings/minutes of the Commission;
(iv) Mail commissioners, college presidents, board chairs, and other appropriate parties minutes of each meeting, so that recipients receive a copy one week prior to the next-meeting;
(v) Maintain an index of minutes;
(vi) Attend all Commission meetings unless excused by the chair;
(vii) Sign documents that affect the operations of the Commission and which would otherwise require the signature of the chair; and (viii) Perform other duties as assigned by the Commission.
(a) District matters.
(i) District salaries. The Commission will refer all requests for specific district salary information to the appropriate district.
(ii) Complaints received by the Commission which deal with matters clearly within the jurisdiction of the individual district, will be referred to the president.
(iii) Districts will inform the Commission of new trustees within two weeks of their election or appointment.
(iv) The Commission will provide each board of trustees with a Wyoming Community College Commission Rules and Policies Manual.
(v) At its discretion, the Commission may convene meetings with representatives of college boards of trustees. The principle function of these meetings is to maintain open communication between the policy-making entities.
(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 Commission realizes the need for broad involvement in the planning process for the Wyoming Community College System. The intent of consultation is to assure effective communication between the Commission and the colleges of the system. Consultation, though it seeks to achieve consensus, does not require consensus.
(c) The Executive Council is comprised of the executive director and the presidents of the seven colleges and chaired by the executive director. The Executive Council is the primary body by which the Commission accomplishes consultation. Agenda items scheduled for Commission action and reports will be discussed at regularly scheduled meetings of the Executive Council. The Executive Council is advisory to the executive director and its perspective on agenda items will be recorded.
These rules assume that the college chief executive officers, as members of the Executive Council, unless otherwise noted, speak for their respective institutions in making recommendations to the executive director of the Commission.
College presidents may represent the views of their local governing boards at Commission meetings on agenda items that have been considered in Executive Council or added to the agenda during a Commission meeting.
Standing committees of academic, student affairs, and administrative services officers shall be utilized by the Executive Council to address the ongoing business of the colleges with the Commission and chaired by Commission staff designated by the executive director. Issues raised by these committees may be advanced through college presidents or Commission staff to be proposed for the Executive Council agenda.
Ad hoc committees may be created by the executive director in consultation with the Executive Council to consider such matters as may be delegated to them and shall provide reports to the Executive Council.
The Commission is required to encourage individual districts and the Community College System as a whole to cooperate with other educational institutions and agencies in the interest of effective utilization of all resources, programs and services, and encourage statewide and district cooperation with boards of cooperative educational services. (W.S. 21-18-202(a)(xvi) and W.S. 21-18-207)
(a) The Commission will encourage partnerships with all agencies of state government in educational, workforce development, and economic development programs.
The Commission and its staff will maintain a close working relationship with the administration of the University of Wyoming and encourage close cooperation between the Commission, the districts and the university. The Commission will promote higher education coordination in Wyoming on:
(i) State goals of the Community College System, the colleges and the university,
(ii) Commission management and funds distribution to the districts and university from the federal State Student Incentive Grant (SSIG) program,
(iii) All agreements between college districts and the university with such agreements provided to the executive director for comment before agreements are finalized, and
(iv) All business of the Wyoming Education Planning and Coordination Council (WEPCC).
(a) Severability. If any provision of the Commission 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 Commission Rules will be promulgated under the Administrative Procedure Act (W.S. 16-3-101-115).