TONY KNOWLES
GOVERNOR |
STATE
OF ALASKA
OFFICE OF THE GOVERNOR
JUNEAU |
September 3, 2001 |
ADMINISTRATIVE ORDER NO. 192
I, Tony Knowles, Governor of the State of Alaska, under the
authority vested in me by art. III, secs. 1 and 24, of the Alaska
Constitution, and AS 44.19.145(c), reestablish the Alaska State
Community Service Commission (commission) to update its duties
and organizational structure.
PURPOSE
The purpose of the commission is to engage Alaskans of all
ages and backgrounds in community-based service and volunteerism
as a means of community and state problem solving, and is to
promote participation in the National AmeriCorps Program as required
for the receipt of federal financial assistance under sec. 12638
of the National and Community Service Trust Act of 1990 (42 U.S.C.
12501 - 12682).
AmeriCorps service and volunteer programs will benefit communities
in four areas: education, public safety, human needs, and environmental
needs.
REESTABLISHMENT OF COMMISSION
The Alaska State Community Service Commission, established
by Administrative Order No. 162, is reestablished under this
Order to further the purpose of this Order. Commission members
serving at the time that this Order takes effect shall continue
to serve until their terms would have expired under Administrative
Order No. 162 if it were not replaced by this Order.
MEMBERSHIP
A. Appointments; terms. All commission members are appointed
by the Governor and serve at the pleasure of the Governor. Each
member of the commission shall serve for a term of three years.
B. Membership Qualifications. The commission consists of
15 to 25 members. At no time shall the membership be less than
15. Membership includes the following:
1. Required Members. The commission shall include as voting
members at least one of each of the following:
a. an individual with expertise in the education, training,
and development needs of youths, particularly disadvantaged youths;
b. an individual with experience in promoting the involvement
of older adults in service and volunteerism;
c. a representative of community-based agencies or community-based
organizations within the state;
d. the commissioner of the Alaska Department of Education
and Early Development;
e. a representative of local governments;
f. a representative of a local labor organization in the state;
g. a representative of business;
h. an individual between the ages of 16 and 25 who is a participant
or supervisor in a national service program described in subparagraph
(i);
i. a representative of a national service program described
in 42 U.S.C. 12572(a) (NCSTA), such as a youth corps program
described in 42 U.S.C. 12572(a)(2) (NCSTA).
2. Sources of other Voting Members. The commission may include
as voting members the following:
a. members selected from among local educators;
b. members selected from among experts in the delivery of
human, education, environmental, or public safety services to
communities and persons;
c. representatives of Indian tribes;
d. members selected from among out-of-school youths or other
at-risk youths;
e. representatives of entities that receive assistance under
the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4950 -
5085).
3. Corporation for National Service Representative. The representative
of the corporation designated under 42 U.S.C. 12651f(c) for the
state is an ex officio, nonvoting member of the commission.
4. Ex-Officio State Representatives. The Governor may appoint,
as ex-officio, nonvoting members of the commission, representatives
selected from among officers and employees of state agencies
operating community service, childrens service, education, social
service, senior service, and job training programs.
5. Limitation on Number of State Employees as Members. The
number of voting members of the commission selected under paragraph
1 or 2 who are officers or employees of the state may not exceed
25 percent (reduced to the nearest whole number) of the total
membership of the commission.
DUTIES
A. Assigned Duties. The commission shall:
1. prepare a service plan for the state that:
a. is developed through an open and public process (such as
through regional forums, hearings, and other means) that provides
for maximum participation and input from national service programs
within the state and other interested members of the public;
b. covers a three-year period;
c. is updated annually;
d. ensures outreach to diverse community-based agencies that
serve under-represented populations by
i. using established networks or registers at the state level;
or
ii. establishing such networks and registers; and
e. contains information that the commission considers appropriate
or that the Corporation for National Service (corporation) requires;
2. prepare the applications of the state under 42 U.S.C. 12543
and 42 U.S.C. 12582 of the National and Community Service Trust
Act of 1990 (NCSTA) for assistance;
3. assist in the preparation of the application of the state
educational agency for assistance under 42 U.S.C. 12525 (NCSTA);
4. prepare the application of the state under 42 U.S.C. 12582
(NCSTA) for the approval of service positions that include the
national service educational award described in division D, National
Service Trust and Provision of National Service Educational Awards
(NCSTA);
5. make recommendations to the corporation with respect to
priorities for programs receiving assistance under the Domestic
Volunteer Service Act of 1973 (42 U.S.C. 4950 - 5085);
6. make available technical assistance to enable applicants
for assistance under 42 U.S.C. 12571 to plan and implement service
programs and to apply for assistance under the national service
laws using, if appropriate, information and materials available
through a clearinghouse established under 42 U.S.C. 12653 (NCSTA);
7. assist in the provision of health care and child care benefits
under 42 U.S.C. 2594 (NCSTA) to participants in national service
programs that receive assistance under 42 U.S.C. 12571 (NCSTA);
8. develop a state system for the recruitment and placement
of participants in programs that receive assistance under the
national service laws and dissemination of information concerning
national service programs that receive such assistance or approved
national service positions;
9. through the Department of Education and Early Development,
administer the grant program in support of national service programs
that is conducted by the state using assistance provided to the
state under 42 U.S.C. 12571 (NCSTA), including selection, oversight,
and evaluation of grant recipients; and
10. develop projects, training methods, curriculum materials,
and other materials and activities related to national service
programs that receive assistance directly from the corporation
(to be made available in a case in which such a program requests
such a project, method, material, or activity) or from the state
using assistance provided under 42 U.S.C. 12571, for use by programs
that request such projects, methods, materials, and activities.
B. No Direct Delivery of Programs by Commission. The commission
may not directly carry out any national service program that
receives assistance under 42 U.S.C. 12571 (NCSTA).
C. Assignment of Duties. Subject to any requirements that
the corporation prescribes, the commission may assign nonpolicy
making duties to a state agency or public or private nonprofit
organization to the extent allowable by law.
D. General Provisions Regarding Duties. In carrying out its
duties, the commission should primarily use teleconferencing
or other electronic means to the extent practicable in order
to gain the widest public participation at minimum cost. Meetings
of the commission shall be held in accordance with AS 44.62.310
- 44.62.312 (Open Meetings Law). A majority of the commission
membership constitutes a quorum for the purposes of conducting
business. A quorum must be present at commission meetings.
Records of the commission are subject to inspection and copying
as public records under AS 40.25.110 - 40.25.220.
OFFICERS
A. Authorization of Officers. The officers of the commission
are a chair and a vice-chair.
B. Election. The voting members of the commission shall elect
two of the voting members to serve as chair and vice-chair of
the commission. Each officer must be elected by a majority of
the commission membership. If more than one person is nominated
for an office, election must be done by secret ballot.
C. Terms of Officers. Each officer is elected for a term
of two years. A term of office is effective at the end of the
meeting in which the officer was elected and runs until the end
of the meeting of the next election for that office. An officer
may be elected to no more than two successive terms to the same
office.
D. Resignation and Removal of Officers. An officer may resign
at any time by giving written notice to the commission. An officer
may be removed from office by majority vote of the commission
membership at a regular or special meeting of the commission
called for that purpose.
E. Completion of Officers' Terms. A vacancy in an office
shall be filled by election of the commission for the unexpired
portion of the term of that office.
F. Responsibilities and Duties of Officers. The duties and
responsibilities of officers include:
1. Except as provided in subparagraph 2, the chair shall preside
at all meetings of the commission.
2. The vice-chair shall preside at any meeting at which the
chair is absent and shall perform any duties required by the
commission and necessitated by the chair's absence. In the event
of the absence of both the chair and vice-chair for a meeting,
an acting chair shall be selected by majority vote of the commission
members present. The acting chair shall perform any additional
duties requested by the commission and routinely executed by
the chair.
COMMITTEES
A. Committees. The commission may authorize the creation,
prescribe the term, and define the duties of committees of the
commission as may be necessary or useful to the implementation
of this Order, the state plan developed under this Order, or
other community and national volunteerism endeavors that the
commission wishes to undertake.
B. General Provisions. A quorum of a committee of the commission
consists of 50 percent of the committee membership. A committee
may choose to conduct its business through electronic mail, teleconferencing,
video-conferencing, or meeting in person as a group. Meeting
of committees shall be held in accordance with AS 44.62.310 -
44.62.312 (Open Meetings Act). Committee records are records
of the commission.
CONFLICTS OF INTEREST
A. Standards. Commission members shall comply with 42 U.S.C.
12638(d)(6)(A) - (C) and AS 39.52 (Alaska Executive Branch Ethics
Act.)
B. Release of Information. Individual commission members
may not provide to anyone outside the commission information
that has not been released to the public by the commission or
that is not already on the public record.
C. Nonparticipation Due to Conflict of Interest. If a commission
member has a conflict of interest on a grant application, the
conflicted member may not:
1. assist the applying organization in the preparation of
the grant application;
2. participate in any discussions or decisions by the commission
regarding that specific grant application;
3. participate in any discussions or decisions by the commission
regarding any other grant applications submitted under the same
funding category (e.g. AmeriCorps or Learn and Serve America:
Community based); and
4. participate in the oversight, evaluation, continuation,
suspension, or termination of the grant award.
D. Technical Assistance. Commission members may not, under
any circumstances, assist an organization in the preparation
of a grant application, except to take part in a commission-approved
program of technical assistance that is equally available to
all potential applicants.
MISCELLANEOUS MATTERS
A. Vacancies. If a vacancy occurs on the commission, a new
member shall be appointed by the Governor to serve for the remainder
of the term for which the predecessor of that member was appointed.
A vacancy does not affect the authority of the remaining members
to execute the duties of the commission.
B. Compensation. A member of the commission does not receive
any additional compensation by reason of service on the commission,
except that the Department of Education and Early Development
may authorize the reimbursement of travel expenses, including
per diem, in the same manner as for other employees serving intermittently
in the service of the state.
C. Rules of Order of the Commission. The commission shall
conduct its business in accordance with Robert's Rules of Order,
unless as the commission provides by resolution to suspend the
use of Robert's Rules of Order and use other procedures to facilitate
the purposes of and duties assigned by this Order.
D. Absences. Commission members are expected to attend all
commission meetings unless attendance is not possible due to
illness or other unavoidable reason. If a commission member
is unable to attend a commission meeting, it is the responsibility
of the member to notify the chair of the commission immediately.
The chair will exercise judgment in excusing the absence. If
a commission member is absent for more than two meetings, the
chair may direct the executive director to notify the Governor's
office.
LEAD AGENCY AND STAFFING
A. Lead Agency. The commission is housed in the Department
of Education and Early Development. The Department of Education
and Early Development is designated lead agency and will supply
administrative support to the commission. The Department of
Education and Early Development, Division of Early Development,
shall work with the commission to determine duties to be delegated
to other state agencies to the extent allowed by law consistent
with this Order.
B. Executive Director. The commission's executive director
shall be selected and hired by the Department of Education and
Early Development with final approval from the Governor. The
executive director acts as the liaison between the Governor,
Department of Education and Early Development, the corporation,
and the commission. The executive director is also the identified
private sector liaison and point of contact.
C. Other Staff. Other staff shall be selected and hired as
needed by the executive director with final approval from the
Department of Education and Early Development.
BY-LAWS
The commission may adopt and amend by-laws, consistent with
this Order, by a majority vote at a regularly scheduled meeting.
Proposed changes to the bylaws must be provided to commission
members in writing 30 days before the scheduled meeting. The
chair may refer proposed changes to a committee of the commission
for review and recommendation.
REPLACEMENT OF ADMINISTRATIVE ORDER NO. 162
Because this Order updates the contents of Administrative
Order No. 162, Administrative Order No. 162 is replaced by this
Order effective immediately.
This Order takes effect immediately.
Dated this 3rd day of September, 2001 at Juneau, Alaska.
S/S Tony
Knowles
Tony Knowles
Governor |