Core Requirement 2.2
The institution
has a governing board of at least five members that is the legal body with
specific authority over the institution.
The board is an active policy-making body for the institution and is ultimately
responsible for assuring that the financial resources of the institution are
adequate to provide a sound educational program. The board is not controlled by a minority of
board members or by organizations or interests separate from it. Both the presiding officer of the board and a
majority of other voting members of the board are free of any contractual,
employment, or personal or familial financial interest in the institution.
A military institution
authorized and operated by the federal government to award degrees has a public
board on which both the presiding officer and a majority of the other members
are neither civilian employees of the military nor active/retired
military. The board has broad and significant
influence upon the institution’s programs and operations, plays an active role
in policy-making, and assures that the financial resources of the institution
are used to provide a sound educational program. The board is not controlled by a minority of
board members or by organizations or interests separate from the board except
as specified by the authorizing legislation.
Both the presiding officer of the board and a majority of other voting
board members are free of any contractual, employment, or personal or familial
financial interest in the institution. (Governing
Board)
Non-Compliance
T. A. Lawson State Community College is governed by the
Alabama State Board of Education, which is composed of eight elected board
members and the governor, who serves in an ex officio capacity, totaling nine members. According to policy, the Board approves the
budget and is authorized to direct and supervise the expenditure of
appropriations. The Alabama State Board
of Education requires each institution to submit an annual budget and annual
financial statement to the Chancellor, who then presents the budgets to the
State Board of Education for approval (Policy 304.01: Financial Reporting). A review of the Alabama State Board of
Education minutes confirms the board is an active policy making body. Annual audits and/or reviews conducted by the
Examiners of Public Accounts are reviewed by the Alabama State Board of
Education. The Off-Site Review
Committee, however, found no evidence that both the presiding officer of the board and a
majority of other voting members of the board are free of any contractual,
employment, or personal or familial financial interest in the institution.
Response:
Lawson
State Community College is a public institution that is governed by the Alabama
State Board of Education (ASBE) as indicated in ASBE Policies 101.01 and 101.05. The Code of Alabama 1975 Section 16-3-1
stipulates that the Alabama State Board of Education consist of nine members
with the state governor (Gov.
Riley) presiding and serving as the president of the Board. As evidenced by
his biography, Governor Riley has no contractual, employment, or personal or
familial financial interest in the institution.
Each district board member serves a four year term and is elected by the
qualified electors of the district at the general election immediately
preceding the expiration of his/her term of office. Board members are a diverse group of
individuals who are free of any contractual, employment, or personal or
familial financial interest in Lawson State Community College. Mr. Randy McKinney is
a realtor and has served on the ABSE since September 2003. Mrs.
Betty Peters has served on the ABSE since 2003. Mrs. Stephanie Bell
has been a member of the ASBE since 1995.
Dr. Ethel H.
Hall is a retired Associate Professor Emerita and has served on the ASBE
since 1987. Mrs. Ella Bell is
director of a dropout prevention center and has served on the ASBE since
2001. Mr. David Byers is a
managing principal for a financial services group and has served on the ASBE
since 1995. Mr. Gary Warren is a
residential homebuilder. He has served
on the ASBE since 2009. Dr. Mary Jane Caylor is
the executive director of a non-profit organization and has served on the ASBE
since 1995. None of the Alabama State
Board of Education members are affiliated with Lawson State Community
College. The Code of Alabama Section 16-3-3, states
that no person who is an employee of the board or has been engaged as a
professional educator within five years preceding the date of the election
shall be eligible for membership on the board.
Additionally, each member of the ASBE must file, on an annual basis, a statement of economic
interests as required by the Code of Alabama, 1975, Section 36-25-14.
The Alabama State Ethics Commission publishes a Handbook for Public Officials
to inform public officials as to the guidelines and prohibitions contained in
the Alabama Ethics law. Each of these requirements ensures that members of the
Alabama State Board of Education have no contractual, employment, or personal
financial interest in the institution.
The
ASBE holds work sessions on
the second Thursday of each month and approves the agenda for the next meeting.
Official board
meetings convene on the fourth Thursday of each month. As indicated in the June 25, 2009 board
minutes, the ASBE focuses primarily on policy issues (pages 2-3), fiscal matters
(pages 1-3), executive
and legal issues (pages 3-4),
and degree and certification approval (page 2). The authority and powers of the ASBE are
outlined on the Alabama Community College System webpage.
Alabama
State Board of Education Policies 302.01,
302.02, 304.01 and 318.01, describe guidelines for
governing, fiscal stability, soundness and procedures for colleges. These policies address fidelity bond
coverage, College officials, appointment of college employees as
treasurer/custodian of funds, preparation of annual budgets and financial
statements, cash management and investment procedures, purchases and annual
audits. ABSE Policy 304.01 requires colleges to submit
annual budgets and financial statements to the Alabama Department of
Postsecondary Education. The Examiners of Public Accounts most recent audit verifies that Lawson State Community
College adheres to board mandated fiscal policies and procedures and operates
under the policies established by the ABSE.
Documentation:
|
Documentation |
Location |
|
Alabama
State Board of Education Policy 304.01 |
|
|
Alabama State Board of
Education policy 101.01 |
|
|
Alabama State Board of
Education policy 101.05 |
|
|
The Code of Alabama
1975 Section 16-3-1 |
|
|
Board Member Governor
Bob Riley |
|
|
Board Member Randy
McKinney |
|
|
Board Member Betty
Peters |
|
|
Board Member Stephanie
W. Bell |
|
|
Board Member Dr. Ethel
H. Hall |
|
|
Board Member Ella Bell |
|
|
Board Member David
Byers, Jr. |
|
|
Board Member Gary
Warren |
|
|
Board Member Dr. Mary
Jane Caylor |
|
|
The Code of Alabama
1975 Section 16-3-3 |
|
|
Statement of Economic
Interests |
|
|
Code
of Alabama, 1975, Section 36-25-14 |
|
|
Handbook for Public
Officials |
|
|
Alabama State Board of Education
work sessions |
|
|
Alabama State Board of
Education meetings |
|
|
Alabama State Board of
Education meeting minutes from the June 25, 2009 meeting (policy) |
|
|
Alabama State Board of
Education meeting minutes from the June 25, 2009 meeting (fiscal) |
|
|
Alabama State Board of
Education meeting minutes from the June 25, 2009 meeting (executive) |
|
|
Alabama State Board of
Education meeting minutes from the June 25, 2009 meeting (degree and
certificate approval) |
|
|
Alabama State Board of
Education Responsibilities |
|
|
Alabama State Board of
Education Policy 302.01 |
|
|
Alabama State Board of
Education Policy 302.02 |
|
|
Alabama State Board of
Education Policy 304.01 |
|
|
Alabama State Board of
Education Policy 318.01 |
|
|
Lawson State Community
College 2007-2008 Audit |