I, Frank H. Murkowski, 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.

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 and Learn and Serve America 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, Learn and Serve, and volunteer programs will benefit communities in five areas: education, public safety, human needs, environmental needs, and homeland security.

The Alaska State Community Service Commission, established by Administrative Order No. 162 and reestablished by Administrative Order No. 192, is again 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. 192 if it were not replaced by this Order.

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 Commerce, Community, and Economic 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, children's 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. 12594 (NCSTA) to participants in national service programs that receive assistance under 42 U.S.C. 12571 (NCSTA);

8. development 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 Commerce, Community, and Economic 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);

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 requires 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 Act). 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 paper 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 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 Commerce, Community, and Economic 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 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. 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. If a commission member is absent for more than two meetings, the executive director will notify the governor's office.

LEAD AGENCY AND STAFFING

A. Lead Agency. The commission is housed in the Department of Commerce, Community, and Economic Development. The Department of Commerce, Community, and Economic Development is designated lead agency and will supply administrative support to the commission. The Department of Commerce, Community, and Economic 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 Commerce, Community, and Economic Development with final approval from the governor. The executive director acts as the liaison between the governor, Department of Commerce, Community, and Economic Development, the corporation, and the commission. The executive director is also the identified liaison and point of contact for the private sector.

C. Other Staff. Other staff shall be selected and hired as needed by the executive director with final approval from the Department of Commerce, Community, and Economic 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. 192

Because this Order updates the contents of Administrative Order No. 192, Administrative Order No. 192 is replaced by this Order effective immediately.

This Order takes effect immediately.

DATED at Juneau, Alaska, this 17th day of September, 2004. 
 
 

/s/Frank H. Murkowski
Governor