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Introduced Version Senate Bill 438 History

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Senate Bill No. 438

(By Senators Plymale, Wells and McCabe)

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         [Introduced March 5, 2013; referred to the Committee on Education; and then to the Committee on Finance       .]                     

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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18B-3F-1, §18B-3F-2, §18B-3F-3, §18B-3F-4, §18B-3F-5, §18B-3F-6, §18B-3F-7, §18B- 3F-8 and §18B-3F-9, all relating to reorganization and consolidation of community and technical colleges; providing definitions; legislative findings; requiring development of a strategic reorganization plan; establishing an administrative planning committee; committee membership, terms of offices, powers and duties; providing for appointment of an institutional board of governors, president and other officers; specifying certain duties; providing for transfer of assets and liabilities, operating budgets, orders, policies and procedures; setting forth employee rights and benefits; and requiring notification of employment status by certain date under certain circumstances.
Be it enacted by the Legislature of West Virginia:
    That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §18B-3F-1, §18B-3F-2, §18B-3F-3, §18B-3F-4, §18B-3F-5, §18B-3F-6, §18B-3F-7, §18B-3F-8 and §18B-3F-9, all to read as follows:
ARTICLE 3F. REORGANIZATION OF COMMUNITY AND TECHNICAL COLLEGES.
§18B-3F-1. Definitions.
          (a) General. -- For the purposes of this article terms have the meaning ascribed to them in section two, article one of this chapter, unless the context in which the term is used clearly requires a different meaning or a specific definition is provided in this section.
          (b) Definitions. --
          (1) "Administrative planning committee" or "planning committee" means the advisory group established pursuant to the provisions of section four of this article to oversee the reorganization of community and technical colleges and to serve as liaison to the institutional board of governors and the council.
          (2) "Affected institution" means a community and technical college which is included in a reorganization.
          (3) "Chancellor" means the chief executive officer of the Council for Community and Technical College Education appointed pursuant to section three, article two-b of this chapter.
          (4) "Consolidated institution" means a community and technical college formed by joining together one or more institutions to create a new multicampus college or integrating one of more institutions into an existing institution to form one multicampus college. An institution that is included in a consolidation or integrated into an existing institution ceases to exist as an independent institution of higher education on the date the reorganization is complete.
          (5) "Institution" means any community and technical college under the jurisdiction of the council.
          (6) "Multicampus institution" means a college that has more than one campus as defined and approved by the Higher Learning Commission of the North Central Association of Schools and Colleges.
          (7) "Institutional reorganization" or "reorganization" means the process of combining institutions to form a consolidated community and technical college or integrating one institution into another.
          (8) "Strategic reorganization plan" or "plan" means the document developed in accordance with the provisions of section three of this article consisting of strategies, procedures and guidelines to be used in implementing an institutional reorganization.
§18B-3F-2. Legislative findings.
          (a) The Legislature finds that while certain areas of the state currently lack a sufficient population or employer base to support an independent community and technical college, it is vital to the citizens and businesses of these areas to have access to comprehensive, high quality community and technical education programs and services that are well articulated with the public schools, baccalaureate institutions, and other community and technical colleges; that make the most efficient and effective use of facilities, faculty, staff, equipment and other available resources; that encourage students of all ages, ability levels, and economic circumstances to pursue a lifetime of learning; that serve as engines of economic development; and that have the ability to adapt quickly to changing needs for workforce training.
          (b) The Legislature further finds that a critical need exists to enhance the role of technical education in every area of the state; to encourage and strengthen collaborative and cooperative relationships between and among institutions in order to provide the highest quality programs and services most effectively; and to make the most efficient use of scarce resources while avoiding, to the extent practicable, duplication of administrative and programmatic costs. Establishment of multicampus institutions provides an excellent opportunity to implement more effective and efficient systems of program delivery and to explore alternative organizational and management structures best suited to serving the needs of students, employers and the citizens of a geographic region. Consolidation offers an efficient and effective method to provide high quality, comprehensive community and technical education in those areas where two institutions serve the same community and technical college district or population center. Creating a consolidated multicampus institution will enhance the delivery of comprehensive community and technical college education to that entire geographical region.
§18B-3F-3. Strategic reorganization plan.
          (a) The council shall collaborate with the administrative planning committee, established in section four of this article, to develop a strategic reorganization plan for Bridgemont Community and Technical College and Kanawha Valley Community and Technical College, including all campuses and instruction sites of both colleges. The council shall develop, implement, and complete the reorganization within three years from the effective date of this section.
          (b) The reorganization plan includes, but is not limited to, the following elements:
          (1) A time line showing specific steps for completing the reorganization within three years;
          (2) A procedure to assure that all affected employees are notified of their employment status pursuant to section nine of this article;
          (3) A statement of assurances showing specific steps to be taken to safeguard the rights, privileges, and benefits of faculty, classified employees, nonclassified employees, and administrators of the institutions to be reorganized including provisions for fulfilling contracts and protecting earned benefits;
          (4) A description of the instructional benefits expected from the reorganization including a detailed explanation of enhancements to academic program offerings, workforce development programs for employers, and services to students;
          (5) A description of the fiscal benefits expected from the reorganization including a detailed explanation of management efficiencies, enhanced leadership skills, better coordination of instruction and student support services, and efficiencies in expenditures per full-time equivalent student;
          (6) A statement of assurance that student access to high quality education programming will be enhanced and/or maintained;
          (7) A strategy to secure or, if appropriate, maintain regional accreditation of a reorganized institution including a detailed analysis of technical assistance to be provided to the institution;
          (8) A student population projection and student demographic analysis for the reorganized institution; and
          (9) A cost to benefit analysis of the proposed reorganization, including the impact on the geographic service area.
§18B-3F-4. Administrative planning committee; purpose; membership; duties; termination.
  (a) The council shall establish an administrative planning committee for the reorganization of Bridgemont and Kanawha Valley Community and Technical Colleges.
  (b) The administrative planning committee oversees the reorganization process including collaborating with the council in developing the strategic reorganization plan and provides advice and technical assistance to the institutional boards of governors and to the council.
  (c) Membership. -- The administrative planning committee consists of the following members:
  (1) The president of each institution to be reorganized;
  (2) The chair of the board of governors of each institution to be reorganized;
  (3) The chair of the council;
  (4) The vice chancellor for administration, appointed pursuant to section two, article four of this chapter, or a designee; and
  (5) The chancellor who is the chair of the planning committee.
  (d) The administrative planning committee is created specifically to assist in the reorganization and ceases to exist three years from the date of creation or on the date when the council determines the reorganization is complete, whichever occurs sooner.
§18B-3F-5. Appointment of institutional board of governors.
  (a) Initial appointments to the board of governors of a reorganized institution are made pursuant to the provisions of section one, article two-a of this chapter, except as follows:
  (1) When a consolidated institution is created, the board of governors of each affected institution is abolished.
  (2) The Governor shall select lay citizen members of the board of governors for the consolidated institution equally from the former lay citizen members of each of the boards of governors of the affected institutions. Four of the initial appointments are for terms of four years and five of the initial appointments are for terms of three years. When the number of lay citizen members can not be equally apportioned between or among the affected institutions, the Governor may make any remaining appointments in accordance with section one, article two-a of this chapter.
  (b) At the end of the initial term, and thereafter, an appointment to the board of governors of a consolidated institution, either to fill a vacancy or to reappoint a member who is eligible to serve an additional term, shall be made in accordance with section one, article two-a of this chapter.
§18B-3F-6. Powers and duties of board of governors.
  (a) The actions and procedures of the board of governors appointed pursuant to section five of this article are controlled by article two-a of this chapter.
  (1) The newly-created board has all the powers and duties provided in section four, article two-a of this chapter.
  (2)                 A reorganized institution created or established pursuant to the provisions of this article is under the jurisdiction of the council.
  (b) The programs of a consolidated institution are operated under the procedures, policies, rules and practices of the newly- formed board of governors, which shall initially adopt the rules and policies of one of the affected institutions until the time when new or revised policies are proposed and approved pursuant to section six, article one of this chapter. The administrative planning committee shall make a recommendation to the newly-formed board of governors regarding which of the rules and policies of the affected institutions should be adopted.
  (c) It is the duty of the board of governors of the consolidated institution to adopt policies, procedures and standards that authorize, support and encourage the consolidated institution to fulfill its core mission. It is further the specific duty of the board of governors to facilitate delivery of a comprehensive program of community and technical college education in the counties that are served by the multicampus consolidated institution. To that end, the board shall expend from the appropriations allocated to the affected institutions such funds as are necessary or expedient to operate and conduct programs, to acquire clear title to any real property and to make necessary capital improvements.
  (d) Within sixty days following the initial meeting of the board of governors, the board shall choose a name for the consolidated institution.
  (1) By a vote of a majority of its members, the board of governors may adopt officially, the name of one of the affected institutions included in the consolidation or may select any name as it sees fit.
  (2) If the board of governors fails to take official action to adopt a name for the consolidated institution within sixty days as provided in this subsection, the consolidated multicampus institution shall be named by the council at its next regularly scheduled meeting.
  (e) In addition to the powers and duties set forth in this section, the board of governors shall perform the following duties:
  (1) Choose the president of one of the affected institutions to be president of the newly-created institution pursuant to section seven of this article;
  (2) Determine which employees of the affected institutions are to be retained pursuant to section nine of this article; and
  (3) Serve as the designated board of advisors for the Advantage Valley Advanced Technology Center created pursuant to section fourteen, article three-c of this chapter.
§18B-3F-7. Appointment of institutional president; other officers.   (a) The president of each affected institution continues to serve in that capacity until a new institutional board of governors is appointed pursuant to section five of this article.
  (b) The board of governors shall designate the other president as provost or chief executive officer of his or her respective campus. The salary and benefits of an individual who is serving as an institutional president at the time of a reorganization may not be reduced solely as a result of the reorganization. Provosts and chief executive officers report directly to the president of the consolidated institution.
  (c) After the initial contract period ends or at the expiration of a president's current contract, the board of governors of the consolidated multicampus institution shall appoint the president in accordance with section six, article one-b of this chapter.
§18B-3F-8. Budget; transfer of property, orders, policies, procedures, etc.
  (a) When a new institution is created, the operating budget of each affected institution is integrated under the authority and jurisdiction of the board of governors of the consolidated institution.
  (b) All financial assets, including state fund balances, and liabilities are transferred from the authority of the board of governors of each affected institution to the authority of the board of governors of the consolidated institution.
  (c) Any capital debt service payment formerly the responsibility of an affected institution continues in the required amount and is the responsibility of the board of governors of the consolidated institution.
  (d) The title to all real property, facilities, and equipment of, as well as each valid agreement and obligation undertaken by, the affected institutions are transferred to the board of governors of the consolidated institution, which shall exercise general determination, control, supervision and management of the financial, business and education policies and affairs of the consolidated institution.
  (e) The title to all property purchased for the use of an affected institution is vested in the board of governors of the consolidated institution.
§18B-3F-9. Rights and benefits of employees of affected institutions; notice of employment status by certain date required.
  (a) Within sixty days of appointment, the newly-formed board of governors of a consolidated institution, in consultation with the president, determines which, if any, employees of the affected institutions included in the consolidation are to be retained. The president shall provide official notice to each employee of his or her employment status not later than thirty days after the board's decision.
  (b) Official notification to employees.
  (1) An employee who is not to be retained shall be given official notice specifying his or her date of termination at least three months prior to the date specified for termination. The termination date may not be later than six months following the date of official notification.
  (2) An employee who is retained by the board of governors of the consolidated institution is considered as having no break in service for calculation of years of service, seniority, participation in retirement plans, or continued employment by the state.

  NOTE: The purpose of this bill is to authorize the reorganization of certain community and technical colleges. The bill sets forth the powers and duties of the West Virginia Council for Community and Technical College Education; provides definitions and makes legislative findings; requires development of a strategic reorganization plan, establishes an administrative planning committee; and provides for appointment of an institutional president and other officers. Additionally, the bill provides for transferring assets and liabilities, orders, policies, and procedures
and determining operating budgets; provides for protection of employee rights and benefits; and requires notification of employee retention or termination by certain date under certain circumstances.



  This article is new; therefore, strike-throughs and underscoring have been omitted.
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