SB438 SFBM ED

SENATE COMMITTEE ON EDUCATION

ANALYST: Lawson

DATE: March 22, 2013

FLOOR BOOK MEMO

COMMITTEE SUBSTITUTE FOR SENATE BILL NO. 438

BY: Senators Plymale, Wells and McCabe

SHORT TITLE: Authorizing reorganization of certain community and technical colleges.

DATE INTRODUCED: March 5, 2013

CODE REFERENCE: §18B-3F-1 through §18B-3F-9 (New article).

PROPOSED LAW PRESENTED TO THE COMMITTEE:

    The Committee Substitute for SB 438 provides for the consolidation of Bridgemont and Kanawha Valley CTCs.

•    The individual governing boards are abolished and a new board is appointed for the consolidated, multi-campus institution on June 30, 2013. The consolidated institution is under the jurisdiction of the Council.

•    The Governor selects lay citizen members for the new board from the lay members of the two abolished boards. After the initial terms of office are completed, members are appointed or reappointed following the procedure provided in §18B-2A-1 for all boards of governors.

•    Before July 1, 2013, the presidents of the two affected institutions must arrange separate meetings of their combined faculty, their students, and their classified employees to select a representative from each group to serve on the consolidated board.

•    The governing board must name the multi-campus institution at the first board meeting in July, 2013, selecting from a list of possible names supplied by the administrative planning committee.

    The proposed bill requires the Council to appoint an administrative planning committee as soon after the effective date as possible with representation from each affected institution and from the Council and its staff. This committee assists in the reorganization and is abolished on July 1, 2014 or whenever the Council determines that the reorganization is complete.

•    In collaboration with this committee, the governing board of the consolidated institution develops a strategic reorganization plan that meets the conditions set out in the bill.

    •    The plan is to be developed and implemented by July 1, 2014.

    •    The Planning Committee reports to the Council at least quarterly on the development of the plan and the governing board’s progress in implementing the reorganization.

•    The Planning Committee chooses at least three possible names for the consolidated institution and from this list the governing board must select a name at its first official meeting.

•    The Planning Committee recommends which rules and procedures of the affected institutions the governing board should adopt until such time as it chooses to promulgate rules under its own authority.

•    The governing board selects as president one of the presidents of an affected institution. The other president becomes CEO or provost of his or her respective campus.

•    The operating budget for the consolidated institution is under the authority of the new governing board.

    •    The bill also provides for transferring assets, including title to property, assuming liabilities, continuing debt service payments, transferring rules, procedures, etc., and assuring continuation of community and technical college education programs to the areas served by the affected institutions.

•    The governing board also must meet the conditions required to achieve independent accreditation by July 1, 2014.

•    By December 31, 2013, the governing board must decide which, if any, positions are to be abolished and the president is responsible for giving official notice to employees within 30 days of the board’s decision.

    •    For any employees filling positions that are to be abolished, the official notice includes a date of termination which is within three to six months following the date of notice.

    •    All full-time employees who are retained after the reorganization are considered as having no break in service for calculation of seniority, participation in health and retirement plans, or continued employment by the state.

    •    The consolidated governing board is subject to the terms and conditions which apply to all boards of governors and, specifically, must adhere to §18B-7-3 when making reductions in force of classified employees.

TITLE: Ok as amended

FISCAL NOTE: None

GOVERNMENT AGENCIES AFFECTED: Bridgemont Community and Technical College, Kanawha Valley Community and Technical College, and the Council for Community and Technical College Education.

EFFECTIVE DATE: Passage

OTHER COMMITTEE REFERENCE AND/OR ACTION: Finance

COMMENTS: The Committee Substitute adds definitions; moves the date for creation of the consolidated multi-campus institution to June 30, 2013; and abolishes the governing boards of the individual institutions on that date. It adds clarifying language regarding payment of debt service and adoption of rules; requires the new board to designate positions that are to be abolished; and adds language protecting employees’ rights and benefits when positions are abolished.