Sean Parnell
GOVERNOR 
 STATE OF ALASKA
OFFICE OF THE GOVERNOR
JUNEAU
August 9, 2011

ADMINISTRATIVE ORDER NO. 259

I, Sean Parnell, Governor of the State of Alaska, under the authority of Article III, Sections 1 and 24, of the Alaska Constitution, and AS 44.19.145(c), reestablish Serve Alaska (the commission) and amend the commission’s membership structure and duties.

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 to promote participation in the National AmeriCorps Program and the Learn and Serve America Program, as required for the receipt of federal financial assistance under Section 12638 of the National and Community Service Trust Act of 1993 at 42 U.S.C. 12501 - 12682 (NCSTA).

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

REESTABLISHING THE COMMISSION AND AMENDING
ITS MEMBERSHIP STRUCTURE

The Alaska State Community Service Commission was established by Administrative Order No. 162, reestablished by Administrative Orders No. 192 and No. 220, and reestablished and renamed to Serve Alaska by Administrative Order No. 245. The commission is reestablished and the membership structure is amended under this Order. Commission members serving at the time that this Order takes effect shall continue to serve until their terms w ould have expired under Administrative Order No. 245 if it were not repealed by this Order.

MEMBERSHIP

    1. 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.


    2. Membership Qualifications. The commission consists of 15 to 25 members. At no time shall the membership be less than 15 members. Membership includes the following:


      1. Required Members. The commission shall include as voting members at least one of each of the following:;


        1. an individual with expertise in the education, training, and development needs of youths, particularly disadvantaged youths;


        2. an individual with experience in promoting the involvement of older adults in service and volunteerism;


        3. a representative of community-based agencies or community-based organizations within the state;


        4. the head of the Alaska Department of Education and Early Development;


        5. a representative of local governments within the state;


        6. a representative of a local labor organization within the state;


        7. a representative of business within the state;


        8. an individual between 16 and 25 years of age who is a participant or supervisor in a national service program as defined in 42 U.S.C. 12511;


        9. a representative of a national service program described in 42 U.S.C. 12572(a) (NCSTA);


        10. a representative of the volunteer sector.

      1. Sources of Other Voting Members. The commission may include as voting members the following:


        1. members selected from among local educators;


        2. members selected from among experts in the delivery of human, education, environmental, or public safety services to communities and persons;


        3. representatives of Indian tribes;


        4. members selected from among out-of-school youths or other at-risk youths;


        5. representatives of entities that receive assistance under the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4950 - 5085).


      1. Corporation for National and Community Service Representative. The representative of the Corporation for National and Community Service (corporation) designated under 42 U.S.C. 12651f(c) for the State is an ex-officio, nonvoting member of the commission.


      2. 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.

      1. Limitation on Number of State Employees as Members. The number of voting members of the commission selected under Paragraph B.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

      1. Assigned Duties. The commission shall


        1. prepare a service plan for the State that


          1. 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 the private sector, organizations, and public agencies, using service and volunteerism as a strategy to meet critical community needs, including service through programs financed under national service laws;


          2. covers a three-year period and is updated annually, reflecting changes in practices and procedures that will improve the coordination and effectiveness of federal, State, and local resources for service and volunteerism within the state;


          3. is subject to approval by the Governor;


          4. includes measurable goals and outcomes for the state national service programs in Alaska consistent with the performance levels for national service programs in accordance with 42 U.S.C. 12639(k) (NCSTA);


          5. ensures outreach to diverse community-based agencies that serve under-represented populations by


            1. using established networks or registers at the state level; or


            2. establishing such networks and registers;

          6. provides for effective coordination of financing applications submitted by the State and other organizations within the state under national service laws; and


          7. contains information that the commission considers appropriate or that the 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 1993 (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 42 U.S.C. 4950 - 5085 (Domestic Volunteer Service Act of 1973);


        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. develop a state system for the recruitment and placement of participants in programs that receive assistance under the national service laws and for the 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.


      2. Relief From Administrative Requirements. Upon approval of a State plan submitted under Paragraph A.1, the commission may apply to the chief executive officer of the corporation for a waiver on behalf of the State, or for alternatives for the State to, administrative requirements (other than statutory provisions) otherwise applicable to grants made to States under the national service laws, including those requirements identified by the State as impeding the coordination and effectiveness of federal, State, and local resources for service and volunteerism within the state.


      3. 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).


      4. Assignment of Duties. Subject to any requirements that the corporation prescribes, the commission may assign non-policy making duties to a State agency or public or private nonprofit organization to the extent allowable by law.


      5. 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. 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

      1. Authorization of Officers. The officers of the commission are a chair and a vice-chair.


      2. 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.


      3. 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.


      4. 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.


      5. 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.


      6. Responsibilities and Duties of Officers. The duties and responsibilities of officers include the following:


        1. Except as provided in Paragraph 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

      1. 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.


      2. 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

      1. Standards. Commission members shall comply with 42 U.S.C. 12638(d)(6)(A) - (C) and AS 39.52 (Alaska Executive Branch Ethics Act).


      2. 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.


      3. 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.

      4. 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

      1. 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.


      2. 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 State employees serving intermittently.


      3. 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.


      4. 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.


      5. Definition. In this Order, “national service laws” has the meaning given in 42 U.S.C. 12511.

    LEAD AGENCY AND STAFFING

      1. 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.


      2. 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, the 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.


      3. 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.


    BYLAWS

    The commission may adopt and amend bylaws, 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.

    REPEAL OF ADMINISTRATIVE ORDER NO. 245

    Because this Order updates and replaces the contents of Administrative Order No. 245, Administrative Order No. 245 is repealed.



    This Order takes effect immediately.

    DATED at Juneau, Alaska, this 9th day of August, 2011. 
     
     

    /s/Sean Parnell
    Governor


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