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December 9, 1998
PREAMBLE
The Aiken County Commission For Higher Education was created under Act
No. 103 of the 1961 Session of the General Assembly of South Carolina
and charged with the establishment of an institution of higher education
in Aiken County. In order to more effectively discharge its responsibilities
and duties in connection therewith, the Commission does promulgate and
adopt these By-Laws.
ARTICLE I
Section 1. NAME OF COMMISSION. The name of the Commission is fixed by
statute of the State of South Carolina as the Aiken County Commission
For Higher Education.
ARTICLE II
Section 1. COMPOSITION. The Aiken County Commission For Higher Education
shall be composed of eight (8) members who shall be appointed by the
Governor on the recommendation of a majority of the Aiken County Legislative
Delegation. In addition, the Superintendant of Education for Aiken County
and Chair of the Aiken County Commission For Technical Education shall
be ex-officio members of the Commission and shall be entitled to vote
as other members.
Section 2. TERMS. The term of service for each member shall be four (4) years or until their successor shall have been appointed, as established by the Enabling Act.
Section 3. VACANCIES. Any vacancy on the Commission shall be appointed by the Governor on the recommendation of a majority of the Aiken County Legislative Delegation.
Section 4. COMPENSATION. Members of the Commission shall serve without compensation or fees.
Section 5. ATTENDANCE AT MEETINGS OF THE COMMISSION. In order to have a quorum at meetings, it is important that all members annually attend the six (6) regularly scheduled meetings of the Commission, and a failure to attend at least one-half of the meetings annually will disqualify a commissioner for membership on the Commission.
ARTICLE III
POWERS AND DUTIES OF THE COMMISSION The Commission is empowered to enter
into contracts, make binding agreements, negotiate with educators and
educational institutions and generally, to take such actions in its
name as are necessary to secure for Aiken County and adjacent areas
the necessary educational facilities to provide higher education.
Within these fundamental responsibilities, the Commission will perform
many essential functions, including, but not limited to the following:
1. Establish goals for higher education for Aiken County and adjacent
areas, and where possible to assist in the providing of the necessary
physical facilities; and in cooperation with the Board of Trustees of
the University of South Carolina, to assist in the implementation of the
contract between the Commission and the University of South Carolina ,
to provide an institution of higher education in Aiken County.
2. Approve or delegate authority for the approval of all major contractual
relationship and other major legal obligations to be executed in the name
of the Commission.
3. Approve or authorize the Executive Committee to approve all purchases,
sales or leases of real property and ensure that all properties of the
Commission are preserved and maintained.
4. Review and approve all requests to the Aiken County Council for appropriations.
5. Review and approve annual budgets for the Commission and budget changes
to same.
6. Approve all gifts to the Commission where restrictions are indicated
or the expenditure of money is required for the adequate acceptance of
same; designate the use of urestricted gifts to the Commission, and approve
and designate the use of testamentary gifts to the Commission.
7. Approve all loans, borrowing and issuance of bonds in the name of the
Commission.
8. Establish investment policies and procedures which will provide for
the prudent investment and preservation of funds entrusted to the Commission.
ARTICLE IV
OFFICERS OF THE COMMISSION
Section 1. CHAIR. A Chair of the Commission shall be elected from the
members appointed by the Governor by a majority vote of the entire Commission,
who shall serve for a term of four (4) years or until his successor is
elected. The Chair shall preside at all meetings of the Commission and
shall be the spokesperson for the Commission. They shall serve as Chair
and a member of the Executive Committee of the Commission. They shall
serve as ex-officio member of all other committees and shall perform such
other duties as may, from time to time, be prescribed by the Commission
and by these By-Laws.
Section 2. VICE-CHAIR The Commission shall, at the same time and in the same manner as the Chair was elected, elect a Vice-Chair to serve for four (4) years who shall preside at meetings of the Commission in the absence of the Chair. They shall serve as a member of the Executive Committee of the Commission and in the absence of the Chair shall preside at the meetings of the Executive Committee.
Section 3. SECRETARY-TREASURER. The Commission shall, at the same time and in the same manner as the Chair and Vice-Chair were elected, elect a Secretary-Treasurer to serve for four (4) years. The Secretary-Treasurer shall keep a record of all meetings of the Commission; shall conduct all correspondence of the Commission as requested; shall be the keeper of the seal of the Commission, and as Treasurer, shall keep accurate accounts of receipts and disbursements by the Commission and shall assist in the preparation of the Annual Budget of the Commission. The Treasurer shall have joint custody of all funds of the Commission with the Chair and/or Vice-Chair. The Secretary-Treasurer shall serve as a member of the Executive Committee.
Section 4. Any elected officer shall be eligible for reelection to succeed himself.
ARTICLE V
COMMITTEES
The following Committees are established by the Commission:
(a) EXECUTIVE COMMITTEE. The Executive Committee shall consist of the
Chair, Vice-Chair and Secretary-Treasurer of the Commission. The Executive
Committee, during the interim between meetings of the Commission shall have
all the powers of the Commission not inconsistent with the established policies
of the Commission or with any action theretofore taken by the Commission. It
shall make reports to the Commission at each meeting on all such matters occurring
since the previous meeting.
(b) PLANNING AND GIFTS COMMITTEE. The
Planning and Gifts Committee shall be responsible
for long range planning for the Aiken Campus
and shall solicit and receive gifts of land and
other property to the Commission to be used to
further higher education under the jurisdiction
of the Commission. It shall make reports to the
Commission at each meeting on all such matters
occurring since the previous meeting.
(c) BUILDING AND GROUNDS COMMITTEE. The
Building and Grounds Committee shall be charged
with the consideration of all Commission matters
relating to the buildings and grounds under the
jurisdiction of the Commission, including the
design and location of the new buildings, maintenance,
improvements or remodeling of older buildings;
the landscaping of the grounds; and all other
matters having to do with the physical plant
under the jurisdiction of the Commission. It
shall report to the Commission with its recommendations
on all of such matters. It shall make reports
to the Commission at each meeting on all such
matters occurring since the previous meeting.
(d) FINANCE COMMITTEE. The Finance Committee
shall exercise general supervision of the finances
of the Commission, including the investment of
all funds held by the Commission. It shall review
in advance the proposed budget for the succeeding
year and any request for funds from Aiken County
Council. It shall make reports to the Commission
at each meeting on all such matters occurring
since the previous meeting.
(e) Each committee named in (b), (c) and (d) above
shall consist of three (3) members nominated
by the Chair for a term of four (4) years,
one member being named as Chair.
(f) The Chair of the Commission shall
ex-officio be a voting member of all committees
of the Commission and the Chancellor and the
Vice Chancellors of the University of South Carolina
Aiken shall both be ex-officio non-voting members
of all committees and of the full Commission.
(g) Two (2) voting members shall
constitute a quorum for all Committee meetings.
ARTICLE VI
MEETINGS OF THE COMMISSION
Section 1. REGULAR MEETINGS OF THE COMMISSION. The Commission shall hold
six (6) regular meetings on each calendar year at 5:00 P.M. on the Second
Wednesday of the following months:
(a) January
(b) March
(c) May
(d) September
(e) October
(f) December
Section 2. NOTICE OF REGULAR MEETINGS. Notice of the time and place of all regular meetings of the Commission shall be mailed to each member by the Secretary or their assistant, not less than five (5) working days before each meeting, and where possible, an agenda for said meeting will accompany the notice.
Section 3. SPECIAL MEETINGS OF THE COMMISSION. Special meetings of the Commission may be called by the Chair or upon the written request signed by any three (3) members of the Commission.
Section 4. QUORUM. Five (5) members of the Commission shall constitute a quorum for the transaction of business.
ARTICLE VII
AMENDMENTSThese By-Laws may be amended at any regular meeting of the Commission
by the affirmative vote of not less than two-thirds (2/3) of the members
of the Commission, provided that notice of any proposed amendment, including
a proposed draft thereof, shall have been given at the regular meeting
of the Commission next preceding the meeting at which such amendment
is voted upon.
These By-Laws were duly adopted at a meeting of the Aiken County Commission
For Higher Education held at Aiken, South Carolina, on December 9, 1998.
