2.2 Governing Board

The institution has a governing board of at least five members that is the legal body with specific authority over the institution. The board is an active policy-making body for the institution and is ultimately responsible for ensuring that the financial resources of the institution are adequate to provide a sound educational program. The board is not controlled by a minority of board members or by organizations or interests separate from it. Both the presiding officer of the board and a majority of other voting members of the board are free of any contractual, employment, or personal or familial financial interest in the institution.

A military institution authorized and operated by the federal government to award degrees has a public board on which both the pre- siding officer and a majority of the other members are neither civilian employees of the military nor active/retired military. The board has broad and significant influence upon the institution’s programs and operations, plays an active role in policy-making, and ensures that the financial resources of the institution are used to provide a sound educational program. The board is not controlled by a minority of board members or by organizations or interests separate from the board except as specified by the authorizing legislation. Both the presiding officer of the board and a majority of other voting board members are free of any contractual, employment, or personal or familial financial interest in the institution.

JUDGMENT: Compliant

STATEMENT OF RATIONALE FOR JUDGMENT OF COMPLIANCE

Governing Board is the Legal Governing Body (Elected Officials)

Southwest Texas Junior College is governed by a seven-member Board of Trustees as outlined by Texas Education Code 130.082(d), SWTJC Policy BBB (Legal), and BBB (Local). The Texas Education Code mandates that a College District Board consist of seven or nine members. Board members are elected by the voters of the College’s tri-county taxing district that consists of Uvalde, Real, and Zavala counties. Board Minutes - Notice of Election Board members serve staggered six-year terms as authorized in the Texas Education Code Section 130.082. As outlined in SWTJC Policy BBB (Legal), “One-third of the members of the board shall be elected at large in the college district at regular elections in accordance with Education Code 130.082(e)–(g), provided that with a seven-member board two members shall be elected in two consecutive even-numbered years and three members shall be elected in the following even-numbered year.” Once elections have been certified Board Minutes – Unopposed Candidates, the Board elects officers to include President, Vice-President, and Secretary. Board Minutes – Election of Board Officers

Any vacancy occurring on the board through death, resignation, or otherwise, shall be filled by a special election ordered by the Board or by appointment as outlined in SWTJC Policy BBC (LEGAL).

The current Board of Trustees is listed on the College’s website and in the college Catalog. The website identifies the Trustee’s position on the Board, his/her occupation, the year he/she was elected/appointed to the Board, and the expiration of his/her current term. The officers of the Board of Trustees include the president, vice president and secretary.

Governing Board is an Active Policy-Making Body

The Board of Trustees is the legal body with exclusive power to govern the college district (Texas Education Code, Section 51.352). The Board of Trustees is an active policy-making body for the college and has the sole right to adopt policies. Board Minutes - Changes to Faculty Handbook Board Minutes – Adopt Policy The Board of Trustees meets every month or more often as needed. SWTJC Policy BD (Local) – Board Meetings Southwest Texas Junior College policy BAA (Legal) states that the Board has “exclusive power to manage and govern the college district.”

Southwest Texas Junior College Board of Trustees agenda packets and minutes of the regular and special board meetings provide evidence that the Board is an active policy-making body for the College and is not controlled by a minority of Board members or by organizations or interests separate from SWTJC. A quorum is required to conduct official business. The agendas are posted according to State law, Texas Open Meetings Act Section VII B, which requires they be posted at least 72 hours before the meeting and posted both at the county courthouse and on the College website (Texas Open Meetings Act Section VII C ).

The SWTJC Board of Trustees employs the College President SWTJC Policy BAA (Legal) - Appoint College President and conducts an annual evaluation of the President in January/February. SWTJC Policy BFD (Local) – College President Evaluation Board Minutes – Evaluation of President

Governing Board Ensures Adequate Financial Resources

The Board ensures that the financial resources of the institution are adequate to provide a sound educational program. The Board reviews and approves the monthly financial statements at regular meetings and annually reviews and approves the independent audit Board Minutes – Approve Audit. The Board approves an itemized annual operating budget Board Minutes – Workshop Review Budget on or Board Minutes - Approval of Budget before September 1 of each year (TAC 13.42). This information is derived from the Texas Education Code 130.121, 130.122, and 130.084, the Tax Code 26.05, and Texas Administrative Code 13.42.

The Board has the responsibility to:

Set and collect all student tuition and fees SWTJC Policy BAA (Legal) – Tuition and Fees. Evidence of action in the minutes of the Board on June 19, 2014 Budget Assumption
Adopt tax rates, levy and collect taxes and issue bonds annually SWTJC Policy BAA (Legal). Evidence of action in the minutes of the Board on September 18, 2014
Selecting depositories for the College. Evidence of action in the minutes of the Board on July 17, 2014.

Ultimate financial responsibility rests with the SWTJC Board, as outlined in SWTJC Policy BAA (Legal) and BBE (Legal). SWTJC Policy BBE (Legal) specifically states, “Each Board member shall have the legal responsibility of a fiduciary in the management of funds under the control of colleges subject to the Board’s control and management.” The roles and responsibilities of SWTJC Board members, as described in BAA (Legal), outline the Board’s responsibility for ensuring the financial resources of SWTJC are adequate to provide a sound educational program.

Governing board is not Controlled by a Minority of the Board

A minority of the board does not control the SWTJC Board of Trustees. SWTJC Policy Manual for the Board of Trustees (BBF – Local) states “render all decisions based on available facts and refuse to surrender that judgment to individuals or special interest groups.” Southwest Texas Junior College BD (Legal) Policy mandates that monthly Board meetings must consist of a quorum of members (i.e. four of the seven-member Board). Furthermore, the SWTJC Board of Trustees meets in accordance with the Federal requirements for public meetings and utilizes Robert’s Rules of Order to conduct public meetings. Additionally, BD (Legal) Policy clearly states that, “The affirmative vote of a majority of all Board members shall be required to adopt or pass a resolution or order.” Board Minutes – Motions and Vote Results

Minutes of each regular and special meeting are available for public inspection on the SWTJC College website.

Presiding Officer and Members are Free of Any Contractual, Employment, or Personal or Familial Interest

Southwest Texas Junior College Policy ensures that the SWTJC Board is not controlled by organizations or interests separate from it. Policies BBFA (Legal) and BBFB (Legal) ensure that both the presiding officer of the SWTJC Board and a majority of other voting members of the board are free of any contractual, employment, personal, or familial financial interest in the institution. All trustees are required to file an affidavit disclosing any substantial interest in a business entity or real property. None have currently declared any interest or filed an affidavit. In the event that an affidavit were filed it would be disclosed in the Notes to the Annual Financial Report. Additionally, members file an annual Conflict of Interest Statement disclosing any possible conflict situations, as evidenced by the minutes of the October 16, 2014 Board meeting.

Board members regularly attend professional development conferences to stay abreast of current legal, economic, and ethical standards and practices affecting their roles as Trustees.

Evidence