H-4386 _______________________________________________
SUBSTITUTE HOUSE BILL NO. 2999
_______________________________________________
C 135 L 90
State of Washington 51st Legislature 1990 Regular Session
By House Committee on Higher Education (originally sponsored by Representatives Jacobsen, Locke, H. Sommers, Ebersole, Miller, Prince, S. Wilson, Holland, Rector, Winsley, Crane, Basich, Wineberry, Ferguson, Bennett, Spanel and O'Brien; by request of State Board for Community College Education)
Read first time 2/2/90 and referred to Committee on Appropriations.
AN ACT Relating to compensation for community college officers and employees; reenacting and amending RCW 28B.50.140; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. Section 6, chapter 14, Laws of 1979 as last amended by section 14, chapter 314, Laws of 1987 and by section 1, chapter 407, Laws of 1987 and RCW 28B.50.140 are each reenacted and amended to read as follows:
Each community college board of trustees:
(1) Shall operate all existing community colleges and vocational-technical institutes in its district;
(2) Shall create comprehensive programs of community college education and training and maintain an open-door policy in accordance with the provisions of RCW 28B.50.090(3);
(3) Shall
employ for a period to be fixed by the board a college president for each
community college((, a director for each vocational-technical institute or
school operated by a community college, a district president, if deemed necessary
by the board, in the event there is more than one college and/or separated
institute or school located in the district,)) district, and where
applicable community college presidents within the district, and fix their
duties and compensation, which may include elements other than salary.
Compensation under this subsection shall not affect but may supplement
retirement, health care, and other benefits that are otherwise applicable to
the presidents as state employees. The board shall also employ for a period to
be fixed by the board members of the faculty and such other administrative
officers and other employees as may be necessary or appropriate and fix their
salaries and duties. Compensation and salary increases under this
subsection shall not exceed the amount or percentage established for
those purposes in the state appropriations act by the legislature as
allocated to the board of trustees by the state board for community college
education. The state board for community college education shall adopt
rules defining the permissible elements of compensation under this subsection;
(4) May establish, under the approval and direction of the college board, new facilities as community needs and interests demand. However, the authority of community college boards of trustees to purchase or lease major off-campus facilities shall be subject to the approval of the higher education coordinating board pursuant to RCW 28B.80.340(5);
(5) May establish or lease, operate, equip and maintain dormitories, food service facilities, bookstores and other self-supporting facilities connected with the operation of the community college;
(6) May, with the approval of the college board, borrow money and issue and sell revenue bonds or other evidences of indebtedness for the construction, reconstruction, erection, equipping with permanent fixtures, demolition and major alteration of buildings or other capital assets, and the acquisition of sites, rights-of-way, easements, improvements or appurtenances, for dormitories, food service facilities, and other self-supporting facilities connected with the operation of the community college in accordance with the provisions of RCW 28B.10.300 through 28B.10.330 where applicable;
(7) May establish fees and charges for the facilities authorized hereunder, including reasonable rules and regulations for the government thereof, not inconsistent with the rules and regulations of the college board; each board of trustees operating a community college may enter into agreements, subject to rules and regulations of the college board, with owners of facilities to be used for housing regarding the management, operation, and government of such facilities, and any board entering into such an agreement may:
(a) Make rules and regulations for the government, management and operation of such housing facilities deemed necessary or advisable; and
(b) Employ necessary employees to govern, manage and operate the same;
(8) May receive such gifts, grants, conveyances, devises and bequests of real or personal property from private sources, as may be made from time to time, in trust or otherwise, whenever the terms and conditions thereof will aid in carrying out the community college programs as specified by law and the regulations of the state college board; sell, lease or exchange, invest or expend the same or the proceeds, rents, profits and income thereof according to the terms and conditions thereof; and adopt regulations to govern the receipt and expenditure of the proceeds, rents, profits and income thereof;
(9) May establish and maintain night schools whenever in the discretion of the board of trustees it is deemed advisable, and authorize classrooms and other facilities to be used for summer or night schools, or for public meetings and for any other uses consistent with the use of such classrooms or facilities for community college purposes;
(10) May make rules and regulations for pedestrian and vehicular traffic on property owned, operated, or maintained by the community college district;
(11) Shall prescribe, with the assistance of the faculty, the course of study in the various departments of the community college or colleges under its control, and publish such catalogues and bulletins as may become necessary;
(12) May grant to every student, upon graduation or completion of a course of study, a suitable diploma, nonbaccalaureate degree or certificate;
(13) Shall enforce the rules and regulations prescribed by the state board for community college education for the government of community colleges, students and teachers, and promulgate such rules and regulations and perform all other acts not inconsistent with law or rules and regulations of the state board for community college education as the board of trustees may in its discretion deem necessary or appropriate to the administration of community college districts: PROVIDED, That such rules and regulations shall include, but not be limited to, rules and regulations relating to housing, scholarships, conduct at the various community college facilities, and discipline: PROVIDED, FURTHER, That the board of trustees may suspend or expel from community colleges students who refuse to obey any of the duly promulgated rules and regulations;
(14) May, by written order filed in its office, delegate to the president or district president any of the powers and duties vested in or imposed upon it by this chapter. Such delegated powers and duties may be exercised in the name of the district board;
(15) May perform such other activities consistent with this chapter and not in conflict with the directives of the college board;
(16) Notwithstanding any other provision of law, may offer educational services on a contractual basis other than the tuition and fee basis set forth in chapter 28B.15 RCW for a special fee to private or governmental entities, consistent with rules and regulations adopted by the state board for community college education: PROVIDED, That the whole of such special fee shall go to the college district and be not less than the full instructional costs of such services including any salary increases authorized by the legislature for community college employees during the term of the agreement: PROVIDED FURTHER, That enrollments generated hereunder shall not be counted toward the official enrollment level of the college district for state funding purposes;
(17) Notwithstanding any other provision of law, may offer educational services on a contractual basis, charging tuition and fees as set forth in chapter 28B.15 RCW, counting such enrollments for state funding purposes, and may additionally charge a special supplemental fee when necessary to cover the full instructional costs of such services: PROVIDED, That such contracts shall be subject to review by the state board for community college education and to such rules as the state board may adopt for that purpose in order to assure that the sum of the supplemental fee and the normal state funding shall not exceed the projected total cost of offering the educational service: PROVIDED FURTHER, That enrollments generated by courses offered on the basis of contracts requiring payment of a share of the normal costs of the course will be discounted to the percentage provided by the college;
(18) Shall be authorized to pay dues to any association of trustees that may be formed by the various boards of trustees; such association may expend any or all of such funds to submit biennially, or more often if necessary, to the governor and to the legislature, the recommendations of the association regarding changes which would affect the efficiency of such association;
(19) Subject to the approval of the higher education coordinating board pursuant to RCW 28B.80.340(4), may participate in higher education centers and consortia that involve any four-year public or independent college or university; and
(20) Shall perform any other duties and responsibilities imposed by law or rule and regulation of the state board.
NEW SECTION. Sec. 2. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.