The Community College Act of 1966

A Legal Framework for Michigan’s Community Colleges Luke Pickelman, J.D.

Constitutional Authorization – Convention of 1963Article 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.

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

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

Part One: Establishment, Elections and Annexation Organizational election and board

composition General and Special Elections Annexation

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

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.

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

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)

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

Annexation Procedure

Board resolution Superintendent approval Electoral approval from the entity to

be annexed Election timing for proposal Board composition implications

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.*

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

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

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

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

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

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.

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

MCCA Legal Information Services

Luke Pickelman luke@mcca.org

Not as scary as statutory interpretation, but….

HAPPY HALLOWEEN!