MEMBERS PRESENT
Jimmy Allgood
Roy Bowen
Don Chapman
Ben Copeland
Michael Daniel
Sharon Douglas
Rhubarb Jones
Debra Lyons
Ann Purcell
Tyre Rakestraw
Sandra Reed
Harold Reynolds
Allen Rice
Steve Rieck
Earl Smith
Larry Snellgrove
Jimmy Tallent
Ben Tarbutton

MEMBERS ABSENT
Mary Flanders
Cedric Johnson

WHEREAS, the State Board of Technical and Adult Education (hereinafter referred to as the "Board"), under the authority of the Constitution and laws of the State of Georgia, has been charged with the responsibility for providing a comprehensive program of literacy, career, occupational, and technical education for adults and out-of-school youths; and

WHEREAS FURTHER, pursuant to paragraphs 2 and 3 of section 4 of article 7 of the Constitution of the State of Georgia, Ga. Const. art. 7, §4, s 2 and 3 (1983), the Amended General Appropriations Act for fiscal year 2004-2005 (Act No. 395, 2005 Regular Session) was enacted by the General Assembly and signed by the Governor on May 10, 2005, so as to make the following appropriations to the General Obligation Bond Sinking Fund:

From the appropriation designated "State General Funds (New)," $420,360 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,860,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.

From the appropriation designated "State General Funds (New)," $2,260,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.

From the appropriation designated "State General Funds (New)," $1,695,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.

WHEREAS FURTHER, pursuant to paragraphs 2 and 3 of section 4 of article 7 of the Constitution of the State of Georgia, Ga. Const. art. 7, §4, s 2 and 3 (1983), the General Appropriations Act for fiscal year 2005-2006 (Act No. 396, 2005 Regular Session) was enacted by the General Assembly and signed by the Governor on May 10, 2005, so as to make the following appropriation to the General Obligation Bond Sinking Fund:

From the appropriation designated "State General Funds (New)”, $1,657,500 is specifically appropriated for the purpose of financing projects and facilities for the Technical and Adult Education, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.

WHEREAS FURTHER, the Board finds an immediate need for $1,860,000 in aggregate principal amount of State of Georgia General Obligation Bonds authorized in the first appropriation set forth above for the projects and facilities referenced in the first appropriation set forth above; and

WHEREAS FURTHER, the Board finds an immediate need for $10,000,000 in aggregate principal amount of the State of Georgia General Obligation Bonds authorized in the second appropriation set forth above for the projects and facilities referenced in the second appropriation set forth above; and

WHEREAS FURTHER, the Board finds an immediate need for $7,500,000 in aggregate principal amount of the State of Georgia General Obligation Bonds authorized in the third appropriation set forth above for the projects and facilities referenced in the third appropriation set forth above; and

WHEREAS FURTHER, the Board finds an immediate need for $7,500,000 in aggregate principal amount of the State of Georgia General Obligation Bonds authorized in the fourth appropriation set forth above for the projects and facilities referenced in the fourth appropriation set forth above; and

WHEREAS FURTHER, the Georgia State Financing and Investment Commission Act, O.C.G.A. §50-17-20, et seq. (2002 and Cum. Supp. 2004), provides that general obligation debt can only be issued for the benefit of the State, its departments, agencies and institutions, and those state authorities created and activated prior to November 8, 1960; and

WHEREAS FURTHER, the Board and the Department of Technical and Adult Education have been established respectively by Code sections 20-4-10 and 20-4-14, O.C.G.A. §§20-4-10 and 20-4-14 (2001); and

WHEREAS FURTHER, the Board desires to request the issuance of State of Georgia General Obligation Bonds in the aggregate principal amount of $26,860,000 for all or certain portions of the projects and facilities referenced in the appropriations set forth above, hereinafter referred to as the "Projects"; and

WHEREAS FURTHER, the Board is aware of the provisions and requirements of the Internal Revenue Code of 1986, as amended, (the "Tax Code") and the regulations issued thereunder respecting arbitrage bonds and private activity bonds, and is aware that the Projects must proceed with due diligence and be timely completed following receipt of the proceeds derived from the sale of general obligation bonds,

NOW, THEREFORE, BE IT RESOLVED BY THE STATE BOARD
OF TECHNICAL AND ADULT EDUCATION:

SECTION 1.
That the Board hereby approves and authorizes financing the Projects as described above.

SECTION 2.
That the Board hereby recommends to the Georgia State Financing and Investment Commission that it undertake to issue $26,860,000 in aggregate principal amount of general obligation debt, the instruments of which shall have maturities not in excess of sixty months, for the purpose of financing the Projects.

SECTION 3.
That the Board hereby determines that the final plans for the Projects are sufficiently complete such that substantial binding obligations to a third party or parties, involving the expenditure of at least five percent (5%) of the proceeds of the bonds (as defined in the regulations issued under the Tax Code), to commence or acquire the Projects will be incurred within six (6) months after the issuance of the bonds, that eighty-five percent (85%) of the spendable proceeds of the bonds will be expended within three (3) years after the issuance of the bonds, and that the original proceeds of the bonds herein requested and anticipated investment proceeds (net of interest on the bonds during the estimated period of construction) will not exceed by more than five percent (5%) the amount necessary for financing the Projects.

The Board further determines that during the time the bonds are outstanding, it will not take or omit to take any action which would cause the bonds to be arbitrage bonds under the Tax Code, and it will not use the proceeds of the bonds or the Projects financed with the bonds for any non-governmental purpose or any purpose constituting a private activity as defined by the Tax Code. The Board further determines that the term of the bonds will not be longer than 120% of the reasonably expected economic life of the projects financed.

The Board further determines that no proceeds of the bonds will be used for reimbursement of any Project expenditures which were made before the anticipated delivery date of the bonds, except in situations where prior to such expenditure the Board obtains a Declaration of Intent from the Georgia State Financing and Investment Commission or is otherwise advised in writing by the Commission that such reimbursement will be permitted, it being the intention of the Board to comply in all respects with Section 1.150-2 of the Regulations under the Tax Code.

The Board further determines that none of the expenditures of proceeds of the bonds for the Projects will constitute working capital expenditures (as defined in the regulations issued under the Tax Code).

SECTION 4.
That the Board hereby approves, authorizes and directs the Commissioner of the Department to communicate a request to the Georgia State Financing and Investment Commission that said Commission issue the general obligation debt as described in Section 2 above.

SECTION 5.
That the Commissioner of the Department of Technical and Adult Education is hereby authorized and directed to execute any instruments and take whatever action which may be necessary in connection with the issuance of general obligation bonds by the Georgia State Financing and Investment Commission, including but not limited to, the preparation and execution of answers in connection with any legal proceeding as to the validity of any action by the Board for the bonds issued by the Georgia State Financing and Investment Commission. The Attorney General or any Assistant Attorneys General of the State of Georgia are authorized to execute acknowledgment of service and waiver of process of such legal proceedings.

This Resolution is hereby approved this 4th day of August, 2005.

__________________________________
CHAIRMAN
STATE BOARD OF TECHNICAL AND ADULT EDUCATION

ATTEST:

__________________________________
SECRETARY
STATE BOARD OF TECHNICAL AND
ADULT EDUCATION

WHEREAS, the State Board of Technical and Adult Education (hereinafter referred to as the "Board"), under the authority of the Constitution and laws of the State of Georgia, has been charged with the responsibility for providing a comprehensive program of literacy, career, occupational, and technical education for adults and out-of-school youths; and

WHEREAS FURTHER, pursuant to paragraphs 2 and 3 of section 4 of article 7 of the Constitution of the State of Georgia, Ga. Const. art. 7, §4, s 2 and 3 (1983), the Amended General Appropriations Act for fiscal year 2004-2005 (Act No. 395, 2005 Regular Session) was enacted by the General Assembly and signed by the Governor on May 10, 2005, so as to make the following appropriations to the General Obligation Bond Sinking Fund:

From the appropriation designated "State General Funds (New)," $74,820 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $860,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

From the appropriation designated "State General Funds (New)," $1,447,506 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $16,638,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

WHEREAS FURTHER, pursuant to paragraphs 2 and 3 of section 4 of article 7 of the Constitution of the State of Georgia, Ga. Const. art. 7, §4, s 2 and 3 (1983), the Amended General Appropriations Act for fiscal year 2004-2005 (Act No. 395, 2005 Regular Session), enacted by the General Assembly and signed by the Governor on May 10, 2005, as amended by the General Appropriations Act for fiscal year 2005-2006 (Act No. 396, 2005 Regular Session), makes the following appropriations to the General Obligation Bond Sinking Fund:

From the appropriation designated "State General Funds (New)," $667,290 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,670,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

From the appropriation designated "State General Funds (New)," $1,237,314 is specifically appropriated for the purpose of financing projects and facilities for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $14,222,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

WHEREAS FURTHER, pursuant to paragraphs 2 and 3 of section 4 of article 7 of the Constitution of the State of Georgia, Ga. Const. art. 7, §4, s 2 and 3 (1983), the General Appropriations Act for fiscal year 2005-2006 (Act No. 396, 2005 Regular Session) was enacted by the General Assembly and signed by the Governor on May 10, 2005, so as to make the following appropriation to the General Obligation Bond Sinking Fund:

From the appropriation designated "State General Funds (New)”, $2,013,060 is specifically appropriated for the purpose of financing projects and facilities for the Technical and Adult Education, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $23,965,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

From the appropriation designated "State General Funds (New)”, $53,340 is specifically appropriated for the purpose of financing projects and facilities for the Technical and Adult Education, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $635,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

From the appropriation designated "State General Funds (New)”, $537,600 is specifically appropriated for the purpose of financing projects and facilities for the Technical and Adult Education, Department of by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

WHEREAS FURTHER, the Board finds an immediate need for $860,000 in aggregate principal amount of State of Georgia General Obligation Bonds authorized in the first appropriation set forth above for the projects and facilities referenced in the first appropriation set forth above; and

WHEREAS FURTHER, the Board finds an immediate need for $16,637,000 in aggregate principal amount of State of Georgia General Obligation Bonds out of the total $16,638,000 authorized in the second appropriation set forth above, for certain of the projects and facilities referenced in the second appropriation set forth above; and

WHEREAS FURTHER, the Board finds an immediate need for $3,050,000 in aggregate principal amount of the State of Georgia General Obligation Bonds out of the total $7,670,000 authorized in the third appropriation set forth above for certain of the projects and facilities referenced in the third appropriation set forth above; and

WHEREAS FURTHER, the Board finds an immediate need for $13,720,000 in aggregate principal amount of State of Georgia General Obligation Bondsout of the total $14,222,000 authorized in the fourth appropriation set forth above for certain of the projects and facilities referenced in the fourth appropriation set forth above; and

WHEREAS FURTHER, the Board finds an immediate need for $23,965,000 in aggregate principal amount of the State of Georgia General Obligation Bonds authorized in the fifth appropriation set forth above for the projects and facilities referenced in the fifth appropriation set forth above; and

WHEREAS FURTHER, the Board finds an immediate need for $635,000 in aggregate principal amount of the State of Georgia General Obligation Bonds authorized in the sixth appropriation set forth above for the projects and facilities referenced in the sixth appropriation set forth above; and

WHEREAS FURTHER, the Board finds an immediate need for $6,400,000 in aggregate principal amount of the State of Georgia General Obligation Bonds authorized in the seventh appropriation set forth above for the projects and facilities referenced in the seventh appropriation set forth above; and

WHEREAS FURTHER, the Georgia State Financing and Investment Commission Act, O.C.G.A. §50-17-20, et seq. (2002 and Cum. Supp. 2004), provides that general obligation debt can only be issued for the benefit of the State, its departments, agencies and institutions, and those state authorities created and activated prior to November 8, 1960; and

WHEREAS FURTHER, the Board and the Department of Technical and Adult Education have been established respectively by Code sections 20-4-10 and 20-4-14, O.C.G.A. §§20-4-10 and 20-4-14 (2001); and

WHEREAS FURTHER, the Board desires to request the issuance of State of Georgia General Obligation Bonds in the aggregate principal amount of $65,267,000 for all or certain portions of the projects and facilities referenced in the appropriations set forth above, hereinafter referred to as the "Projects"; and

WHEREAS FURTHER, the Board is aware of the provisions and requirements of the Internal Revenue Code of 1986, as amended, (the "Tax Code") and the regulations issued thereunder respecting arbitrage bonds and private activity bonds, and is aware that the Projects must proceed with due diligence and be timely completed following receipt of the proceeds derived from the sale of general obligation bonds,

NOW, THEREFORE, BE IT RESOLVED BY THE STATE BOARD
OF TECHNICAL AND ADULT EDUCATION:

SECTION 1.
That the Board hereby approves and authorizes financing the Projects as described above.

SECTION 2.
That the Board hereby recommends to the Georgia State Financing and Investment Commission that it undertake to issue $65,267,000 in aggregate principal amount of general obligation debt, the instruments of which shall have maturities not in excess of two hundred and forty months, for the purpose of financing the Projects.

SECTION 3.
That the Board hereby determines that the final plans for the Projects are sufficiently complete such that substantial binding obligations to a third party or parties, involving the expenditure of at least five percent (5%) of the proceeds of the bonds (as defined in the regulations issued under the Tax Code), to commence or acquire the Projects will be incurred within six (6) months after the issuance of the bonds, that eighty-five percent (85%) of the spendable proceeds of the bonds will be expended within three (3) years after the issuance of the bonds, and that the original proceeds of the bonds herein requested and anticipated investment proceeds (net of interest on the bonds during the estimated period of construction) will not exceed by more than five percent (5%) the amount necessary for financing the Projects.

The Board further determines that during the time the bonds are outstanding, it will not take or omit to take any action which would cause the bonds to be arbitrage bonds under the Tax Code, and it will not use the proceeds of the bonds or the Projects financed with the bonds for any non-governmental purpose or any purpose constituting a private activity as defined by the Tax Code. The Board further determines that the term of the bonds will not be longer than 120% of the reasonably expected economic life of the projects financed.

The Board further determines that no proceeds of the bonds will be used for reimbursement of any Project expenditures which were made before the anticipated delivery date of the bonds, except in situations where prior to such expenditure the Board obtains a Declaration of Intent from the Georgia State Financing and Investment Commission or is otherwise advised in writing by the Commission that such reimbursement will be permitted, it being the intention of the Board to comply in all respects with Section 1.150-2 of the Regulations under the Tax Code.

The Board further determines that none of the expenditures of proceeds of the bonds for the Projects will constitute working capital expenditures (as defined in the regulations issued under the Tax Code).

SECTION 4.
That the Board hereby approves, authorizes and directs the Commissioner of the Department to communicate a request to the Georgia State Financing and Investment Commission that said Commission issue the general obligation debt as described in Section 2 above.

SECTION 5.
That the Commissioner of the Department of Technical and Adult Education is hereby authorized and directed to execute any instruments and take whatever action which may be necessary in connection with the issuance of general obligation bonds by the Georgia State Financing and Investment Commission, including but not limited to, the preparation and execution of answers in connection with any legal proceeding as to the validity of any action by the Board for the bonds issued by the Georgia State Financing and Investment Commission. The Attorney General or any Assistant Attorneys General of the State of Georgia are authorized to execute acknowledgment of service and waiver of process of such legal proceedings.

This Resolution is hereby approved this 4th day of August, 2005.

__________________________________
CHAIRMAN
STATE BOARD OF TECHNICAL AND ADULT EDUCATION

ATTEST:

__________________________________
SECRETARY
STATE BOARD OF TECHNICAL AND
ADULT EDUCATION

Department of Technical and Adult Education
Employment of Relatives

I. POLICY STATEMENT:

It is the position of the Department of Technical and Adult Education that relatives of current Department employees may only be employed consistent with the provisions of this policy. In turn, the Department will take appropriate measures to avoid any situation in which a family relationship may interfere with the effective and efficient operation of any Department work unit, including its Technical Colleges. Therefore, the continued employment and/or future promotional opportunities of related employees, as well as those of a prospective employee, may be prohibited entirely or limited by these same guidelines. For the purpose of this policy, the term “relatives” includes: spouse; biological or step parent(s); guardian (as defined by law); biological or step grandparent(s); biological, step, or half sister or brother; child/grandchild (including biological, adopted, foster, step child, legal ward, or child for whom an employee stands in loco parentis); aunt/uncle; niece/nephew; first cousin; or, immediate in-law (i.e., mother-in-law, father-in-law, sister-in-law, brother-in-law, daughter-in-law or son-in-law).

II. GENERAL PROVISIONS:

1. No individual shall be employed in a Central Office or Technical College Work unit which will result in the existence of a supervisor – subordinate relationship between the individual and any relative of the individual through any line of authority in the work unit. The term, “line of authority” is defined as authority extending vertically through one or more organizational levels of supervision or management.

2. Relatives will not be employed or placed in a work environment in which fiscal checks or balances are among the assigned duties and responsibilities of the positions involved.

3. Relatives will not be placed in a working relationship in which the nature of the assigned duties and responsibilities may contribute to personal or financial gain, fraud, collusion, other abuses of position, or a possible conflict of interest.

4. Employees shall not advocate for or cause the advancement, appointment, employment, promotion, or transfer of a family member/relative to any Department position.

III. POLICY ENFORCEMENT:

The Deputy Commissioner, the Assistant Commissioners and College Presidents in consultation with the Department’s Director of the Office of Human Resources are fully responsible for ensuring that the provisions of this policy are not violated.

III. R. Instructional Staff Work Assignments

The obligation of the institution for a full-time member of the instructional staff is 40 hours per work week. The optimal number of direct student contact instructional hours for a normal teaching assignment is 25 academic hours per week accompanied by a minimum of 15 hours of indirect instructional activities to comprise the total work week or similar combination. For lecture classes, an academic hour generally consists of 50 minutes of instruction.

1) Direct instructional activities may be conducted on or off campus and shall be assigned at the discretion of the President or designee for activities defined as:

i) classroom instructional hours
ii) laboratory or clinical instructional hours
iii) evaluation of class project
iv) supervising programs
v) coordinating co-op training/internship programs
vi) instructional services to business and industry

2) The indirect instructionally related activities may be conducted on or off campus and shall be assigned at the discretion of the President or designee for such activities as:

i) student advisement
ii) class preparation
iii) evaluation of class project
iv) supervising programs
v) coordinating co-op training/internship programs
iii) vi) registration
iv) vii) job development and placement
v) viii) recruitment
vi) ix) professional growth and development
vii) x) industrial and community contacts
viii) xi) maintenance of instructional equipment
ix) xii) curriculum development/revision activities
x) xiii) accreditation activities
xi) xiv) instructional committee activities
xii) xv) advisory committee meetings
xiii) xvi) record keeping
xiv) xvii) student activities
xv) xviii) other appropriate instructionally or institutionally related activities

In addition to direct instructional activities, the instructor is expected to perform other tasks that will assist the total institution in achieving its goals and purposes.

Adopted: September 1, 1988; April 2003 – academic hour language added.
Code: 03-06-12