(Doc Name COUNCIL\AGM\3701C002.AGM.AB15.DOCX):
EXPLANATION:
Amend the bill, as and if amended, Part IB, Section 19, SOUTH CAROLINA STATE UNIVERSITY, page 413, by striking paragraph 19.3 and inserting:
/ 19.3 SCSU: Interim Governing
Authority and Control) (A)
The South Carolina General Assembly finds:
(1)
the members of the General Assembly of
the State of South Carolina recognize the rich and diverse
history of South Carolina State University founded in 1896 in
Orangeburg, South Carolina, and the significant contribution
that the university has made to the higher education community
as well as its current students and alumni;
(2)
South Carolina State University is
currently experiencing student enrollment revenues that are
insufficient to cover existing expenditure obligations, such
that the General Assembly finds it necessary to shepherd the
institution through this temporary period to restore it to the
viable institution it has been in the past and, in order to
preserve the long and distinguished history of South Carolina
State University, the General Assembly finds it necessary to
take temporary corrective action;
(3)
with new, experienced management and the
proper support and encouragement from the State, South Carolina
State University should once again thrive as the State's
only state-supported historically black university and continue
to graduate distinguished alumni who will represent the
university with pride and serve as the state's future
professionals and leaders; and
(4)
the Southern Association of Colleges and Schools has
expressed concerns regarding governing board conflicts of
interests and board/administration structure as well as
financial stability and controls of South Carolina State
University and the General Assembly recognizes that maintaining
accreditation by the Southern Association of colleges and
schools is of great importance. In addition, the General
Assembly recognizes and acknowledges the need to follow up on
this temporary action that is so critical at this juncture with
permanent, statewide legislation to restructure the Board of
Trustees and general governance of South Carolina State
University with particular emphasis on maintaining the
institutional knowledge of members of the Board of Trustees
going forward and staggering terms of newly appointed Board of
Trustees members to maintain that essential consistency in the
university's governance as it seeks to accomplish its
important educational mission.
(B)(1)
The members of the Board of Trustees of South Carolina
State University serving on the effective date of this act are
hereby removed from their positions, powers, and duties. Upon
the effective date of this act, an Interim Board of Trustees is
hereby created and shall be composed of the designees of the
five members of the State Fiscal Accountability Authority who
shall serve ex officio and at the pleasure of the appropriate
appointing member of the State Fiscal Accountability Authority.
The Interim Board of Trustees must be appointed upon the
effective date of this resolution. The duties and powers of the
former board are hereby transferred to the interim board of
trustees. The interim board of trustees is directed to remove
the president of South Carolina State University serving on the
effective date of this act, if it is determined that would be in
the best interest of the university, and is directed to employ
an interim president who shall be employed on an at-will
basis.
(2)
The interim president, whose actions must
be overseen by the Interim Board of Trustees, shall review both
the educational accreditation of the university and the past and
current financial situation of the university and make
recommendations to the Interim Board of Trustees, to the State
Fiscal Accountability Authority, to the General Assembly, and to
the Executive Budget Office regarding the path that the
university must pursue in order to lead the university out of
the current financial crisis with an emphasis on having the
university return to the valuable and functional institution of
higher learning that it has been in the past.
(3)
The Interim Board of Trustees and the
interim president shall carry out the appropriate
responsibilities concerning all daily operations of South
Carolina State University including, but not limited to, the
expenditure of funds necessary for the university's daily
operations.
(4)
The Interim Board of Trustees shall serve
in their respective capacities until the election of new members
of the Board of Trustees for South Carolina State University by
the General Assembly pursuant to Chapter 127, Title 59, and such
election must include a restructured Board of Trustees
including, but not limited to, the members of the Interim Board
of Trustees to serve staggered terms.
(5)
The Interim Board of Trustees shall be
indemnified in the same manner as members of the Retirement
System Investment Commission, mutatis mutandis. /
Renumber sections to conform.
Amend totals and titles to conform.