CONSTITUTION AND BYLAWS
SOUTH CAROLINA ASSOCIATION OF TECHNICAL
COLLEGE COMMISSIONERS, INC.
ARTICLE I – NAME
The name of the organization shall be the South Carolina Association of Technical College Commissioners, Incorporated, hereinafter referred to as the Association.
ARTICLE II – MISSION
The South Carolina Association of Technical College Commissioners works to provide orientation and education for area commissioners and to provide advocacy and unity for the 16 technical colleges they represent.
ARTICLE III – PURPOSES
The association ensures the effectiveness of the system’s area commissioners and their colleges by educating commissioners, advocating for college needs and priorities at the state level, and providing a unifying link between the institutions that allows information and best practices to be shared.
ARTICLE IV –PRINCIPAL OFFICES
To facilitate the mission and purposes of the Association, the principal offices of the Association shall be maintained within the administrative offices of the State Board for Technical and Comprehensive Education and/or at such other locations as may be determined by the Association Board of Directors.
ARTICLE V – MEMBERSHIP
Each duly appointed member of an Area Technical College Commission is automatically a member of the Association provided the Commission has paid its annual membership dues.
Each Area Technical College Commission, through a process established by the respective Commission, shall name one Commissioner as a director of the Association and shall notify the Association of its selection. Should the director be unable to attend an Association meeting, his or her Commission may choose an alternate who shall have voting privileges.
The Chairman, or designee, of the South Carolina State Board for Technical and Comprehensive Education and the Chairperson, or designee, of the South Carolina Council of Technical College Presidents, shall be ex officio members of the Association. Ex officio members shall be entitled to all privileges of membership except elective office and voting.
The director or alternate from member colleges is required attend at least 75% of scheduled meetings during the year to remain an active member with full membership privileges.
Non-payment of dues by an Area Commission will establish that college commission as an ex-officio affiliate member entitled to all privileges of membership except elective office and voting.
ARTICLE VI – BUDGET
The Executive Committee shall submit the budget and dues to the Board of Directors at least two weeks prior to the date for requesting approval. The date set for voting on the dues structure and the budget shall be determined by the Board of Directors. Ex Officio members will not pay membership dues.
The annual membership dues shall be determined by the Executive Committee and approved by the Board of Directors. The dues shall consist of a basic amount per Commission plus a prorated amount based on each member college’s ratio of allocated funds.
The fiscal year of the Association shall run concurrent with the State fiscal year, namely, from July 1 through June 30.
ARTICLE VII – ASSOCIATION OFFICERS
The officers of the Association shall be President, Vice President, Treasurer, and Secretary.
The officers of the Association shall be elected from the Board of Directors. All officers shall be elected for a term of two years. No officer may serve more than two consecutive terms in the same office.
The election of officers shall be conducted at the annual summer meeting. The President, Vice President, Treasurer, and Secretary shall be elected by a majority of the members of the Board of Directors present at the election.
The officers shall perform the duties that pertain to their respective offices as outlined below and such additional duties as may be specified by the Board of Directors. In the case of a vacancy in the office of Vice President, Treasurer, or Secretary, the vacancy shall be filled by a majority vote of the Board.
A. The President shall be the presiding officer of the Board of Directors. In addition, the President shall serve as the presiding officer of the Executive Committee and shall be able to cast a vote on all matters before both bodies. The President shall have the power to appoint the members of any committees established by the Association. The President shall have such other duties as may be assigned by the Board or by the Executive Committee. The President has the authority to call meetings of the Board.
B. If the President is absent from a meeting, the Vice President shall serve as presiding officer. If the President can no longer serve for any reason, then the Vice President shall automatically assume the office of President for the remainder of the President’s term. The Vice President shall be a voting member of the Executive Committee and the Board.
C. The Treasurer of the Association shall be responsible for overseeing the management of the Association’s finances and shall be responsible for the investment and security of all of the Association’s funds. The Treasurer shall cause a quarterly report of expenditures and receipts to be prepared and distributed to the Board. This report shall include a financial statement and a comparison of current and year-to-date expenditures as they relate to the annual budget. The Treasurer shall serve as Chairman of the Finance Committee and be a voting member of the Executive Committee and the Board. The Board may designate an individual to function under the direction of the Treasurer to prepare reports and handle other financial matters.
D. The Secretary shall oversee the preparation of accurate minutes for each meeting of the Board and shall be responsible for presenting those minutes to the Board for its approval. The Secretary shall be a voting member of the Executive Committee and the Board. The Board may designate an individual to function under the direction of the Secretary to prepare minutes and handle other administrative matters.
ARTICLE VIII – BOARD OF DIRECTORS
The officers of the Board of Directors shall be the same as the officers of the Association.
The Board of Directors shall be composed of one director from each member Area Commission. The directors shall be named prior to the summer meeting, shall serve two-year terms, and may be reappointed. Should a director leave an Area Commission, that Area Commission will select a replacement.
The Chairman, or designee, of the South Carolina State Board for Technical and Comprehensive Education and the Chairperson, or designee, of the South Carolina Council of Technical College Presidents, shall be ex officio members of the Board of Directors. Ex officio members shall be entitled to all privileges of membership except elective office and voting.
The Board may serve as a forum to discuss issues affecting the colleges, the Association, or the State Board for Technical and Comprehensive Education.
The Board shall have authority to take a leadership role in establishing liaisons between the Association and members of the State’s legislature, legislative staffs, and the executive branch.
The Board shall also have authority to act on behalf of the Association in the hiring of personnel and the expenditure of funds.
The Board shall have authority to determine the recipients of annual awards presented by the Association.
The Board shall be responsible for reviewing and recommending policies, personnel appointments, projects, the annual budget, major expenditures, and other matters necessary for an effective operation of the Association.
The Board of Directors shall meet at least annually.
ARTICLE IX – EXECUTIVE COMMITTEE
The Executive Committee of the Association shall be composed of the Association’s elected officers and the immediate past president of the Board of Directors.
The Executive Committee shall possess such authority as may be delegated by the membership or the Board of Directors, including acting on behalf of the Association concerning various issues and policies affecting the Association.
The Executive Committee shall meet no less than quarterly.
ARTICLE X – EXECUTIVE DIRECTOR
An Executive Director may be chosen at the discretion of the Board of Directors. The Executive Director shall be the chief executive officer and shall carry out the policies and directions of the Association and the Board of Directors, including administration of these by-laws.
The Executive Director shall establish, with consent of the Board of Directors, administrative, financial, and personnel policies to operate the Association and the programs and activities needed to carry out the purpose and function of the Association.
ARTICLE XI– MEETINGS
The President of the Association or one-fourth (1/4) of the Board of Directors may call a Board or Executive Committee meeting at any time to discuss or decide matters of mutual concern to the commissions.
Notwithstanding any other provisions of these by-laws and at the discretion of the President, meetings of the Board of Directors or Executive Committee may be conducted by telephone or video conference.
When voting takes place on matters concerning the entire membership at Association meetings, the chairman of each area commission or his/her designee shall be entitled to cast one vote on behalf of the Area Commission.
At Board of Directors meetings, or by a poll of the membership of the Board of Directors, each director shall be entitled to cast one vote on behalf of his/her Area Commission.
The President shall give each member of the Board of Directors and/or Executive Committee no less than three days written (via US or courier mail service or via e-mail) notice of regular or special meetings. A simple majority of directors shall constitute a quorum.
The Association shall meet at least annually.
ARTICLE XII – RECORDS AND REPORTS
The Association shall keep correct and complete financial records and minutes of the proceedings of the Association, the Board of Directors, and other standing or ad hoc committees. Proper document management includes the storage of records in an appropriate, secure format, which may include online storage, for no less than seven years.
The Association shall ensure maintenance of all applicable local, state, and federal filing requirements and official records of the Association.
ARTICLE XIII – COMMITTEE APPOINTMENTS
The President shall appoint committee members as necessary. The Association may use standing and ad hoc committees. Some individuals may serve as committee members because of their election to an Association office or because their presence is mandated by the Association’s bylaws. The standing committees of the Association shall include:
A. Governmental Relations – This committee is responsible for studying and recommending positions on matters pending before the South Carolina General Assembly and other governmental bodies. The committee shall take a leadership role in establishing liaisons between the Association and members of the State’s legislature, legislative staffs, and the executive branch.
B. Nominating – This committee is responsible for recommending to the Association’s Board of Directors a suggested slate of officers to include one nominee for each office. The President of the Association will appoint a chair of the nominating committee. The committee chair will select two additional members to serve on the nominating committee.
C. Finance – The Finance Committee shall be composed of the Treasurer of the Association, who shall serve as Chairman, and at least two other members of the Board of Directors. The committee is responsible for the preparation of the annual budget and to present it to the Executive Committee and the Board for approval. The Finance Committee will prepare a budget to be submitted to the Executive Committee as designated in Article VI.
Recommendations for policies or actions made by any Association committee shall be submitted to the Executive Committee for consideration. The Executive Committee may express concurrence or reservations about such policies or actions and shall then forward the committee recommendations along with a record of its action to the Board for a final determination.
All appointments to standing committees shall terminate at the end of the fiscal year. Appointments to ad hoc committees shall terminate when the specific assignment has been performed.
No committee shall create any financial liability for the Association, unless such expenditure has been approved both as to purpose and maximum amount by the Board of Directors.
ARTICLE XIV – AFFILIATIONS
The Association, with the approval of the Board of Directors, may affiliate with other organizations; act as an advisory body to State agencies or institutions; and participate in programs and activities of other organizations, agencies, and institutions.
The Association may appoint individuals to serve as liaisons with units of State government that in some way affect the Association. Liaisons may be appointed regularly to represent the Association before State agencies or organizations as appropriate.
ARTICLE XV – AMENDMENTS
Amendments and changes to the Constitution and Bylaws shall be reviewed by the Association’s Board of Directors and submitted to area commissions for consideration 60 days in advance of the Board’s vote. Approval requires a two-thirds vote of the Board. Changes become effective after receiving such a margin of vote.
The Association shall be governed by documents in following order of precedence:
A. Statutes of the State of South Carolina.
B. The Constitution and Bylaws of the Association.
C. The policies and procedures of the Association.
D. Robert’s Rules of Order, Newly Revised.
ARTICLE XVI – INDEMNIFICATION
The Association shall maintain the appropriate insurance and shall indemnify any of its officers, employees and agents, whether elected or appointed, against any tort claim or demand, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of duty. The provisions of this section do not apply in case of malfeasance in office or willful or wanton neglect of duty.
ARTICLE XVII – DISSOLUTION OF THE ASSOCIATION
In the event of the Association’s dissolution, the Board of Directors of the Association shall, after paying or making provisions for the payment of all the liabilities of the Association, dispose of all the assets of the Association by dividing the assets among the then current member Commissions of the Association. Each member Commissions’ share would equal its proportionate contribution of the total dues paid to the Association in that fiscal year.
AMENDED AND APPROVED
BY THE BOARD OF DIRECTORS
EFFECTIVE: May 14, 2014