The Community College Act of 1966

1. A Legal Framework for Michigan’s Community Colleges Luke Pickelman, J.D. The Community College Act of 1966

2. Constitutional Authorization – Convention of 1963 • Article VIII § 7 The legislature shall provide by law for the establishment and financial support of public community and junior colleges which shall be supervised and controlled by locally elected boards. The legislature shall provide by law for a state board for public community and junior colleges which shall advise the state board of education concerning general supervision and planning for such colleges and requests for annual appropriations for their support. The board shall consist of eight members who shall hold office for terms of eight years, not more than two of which shall expire in the same year, and who shall be appointed by the state board of education. Vacancies shall be filled in like manner. The superintendent of public instruction shall be ex-officio a member of this board without the right to vote.

3. Legislative Response: Act 331 of 1966 Community College Act • Part 1: Establishment by county, school district or intermediate school district; board elections; taxation; annexation • Part 2: Powers and duties of districts and Boards of Trustees; Michigan New Jobs Training Program

4. District Makeup in Michigan • 12 cc’s organized on a county basis • 5 cc’s organized on school district (K-12) basis • 11 cc’s organized on an ISD basis

5. Part One: Establishment, Elections and Annexation • Organizational election and board composition • General and Special Elections • Annexation

6. Organizational Election • One or more contiguous counties, school districts or ISDs via: • State Board approval (Superintendent for ISDs) • Electoral approval (majority) of proposed district, maximum annual tax rate, and inaugural board election

7. Community College Elections • PA 62 (2005) eliminated language in CC Act dealing with community college elections, specifying that community college board candidates are to be nominated and elected in accordance with Michigan’s Election Law.

8. Board Composition • First Board of Trustees: 7 members with staggered terms from 6 years to 2 years long • Future Board of Trustees members: 6 year terms • Any qualified elector residing within the district is eligible to be a cc board member

9. Board Vacancies • Remaining members must fill vacancy by majority vote immediately and that person will hold seat until next election • If not filled within 30 days, the ISD for that district will fill the vacancy by appointment (MCL 389.152)

10. Annexation • District looking to expand serviced region must follow CC Act annexation procedures • Who can annex what? • PA 488 (2000) amended CC Act to remove limits on annexation opportunities

11. Annexation Procedure • Board resolution • Superintendent approval • Electoral approval from the entity to be annexed • Election timing for proposal • Board composition implications

12. Part Two: Powers and Duties • Generally: • CC’s are corporate bodies, they can sue and be sued, take, condemn, use, hold, sell, lease, and convey real property • Implied Powers: • In addition to the powers expressly stated in this act, a community college district and its board of trustees may exercise a power implied by or incident to any of its powers expressly stated in this act and, except as otherwise provided by law, may exercise a power incidental or appropriate to the performance of any function related to operation of the community college district in the interests of educational and other programs and services offered by the community college district.*

13. Community College Boards of Trustees • Power is in the collective – majority vote of members elected and proper record of vote • Compliance with Open Meetings Act

14. Enumerated Powers and Duties • Tuition and fees • Annual budget • Tax levies • Audits • Hiring administration and employees • Acquire, purchase or lease sites • Programs of study • Borrow money • Energy conversation improvements • Care and custody of property/facilities

15. Delegation – 1997 Amendment • PA 135 (1997) - Included the implied and incidental powers language and provided for specific delegation. • Powers that may be delegated: • Select and employ personnel • Pay claims and demands • Purchase, lease, and acquire personal property • Invest • Accept gifts and contributions

16. Powers not delegated • Adoption of a budget • Establishing tuition and fees • Levy of taxes • Audits • Acquisition of real estate and construction • Borrowing money • Setting programs of study

17. Exemption from Taxation • CC Act exempts all community college district property from taxation and assessment • Board may agree with local municipality to pay for special assessments or local improvements

18. What is a community college? • CC Act defines a “community college” as: an educational institution providing collegiate and non-collegiate level education primarily to individuals above the twelfth grade age level within commuting distance. The term includes an area vocational-technical education program that may result in the granting of an associate degree or other diploma or certificate, but not an educational institution or program granting baccalaureate or higher degrees.

19. Michigan New Jobs Training Program • PA 359 (2008) – allows community college district boards to enter into training agreements with employers who are creating new jobs in the state • Community colleges are paid back via the diversion of income taxes from new employee wages

20. MCCA Legal Information Services Luke Pickelman luke@mcca.org

21. Not as scary as statutory interpretation, but…. HAPPY HALLOWEEN!