MATC is the premier, comprehensive technical college that provides excellence in education to enrich, empower, and transform lives District Board Meeting Notice/Agenda* Date: Tuesday, November 27, 2018 Location: Milwaukee Area Technical College 700 W. State Street Time: 4:00 p.m. Milwaukee, WI Board Room, M210 Estimated Time Agenda Items** Presenter(s) 4:00 p.m. 1. Call to Order Board Chair a. Roll Call b. Compliance with the Open Meetings Law
4:05 p.m. 2. Comments from the Public Board Chair
4:10 p.m. 3. Approval of Minutes Board Chair a. Regular Board Meeting: October 16, 2018
4:15 p.m. 4. Approval of Consent Agenda Items VP Finance a. Bills October 2018 b. Financial Report October 2018 c. Human Resources Report d. Procurement Report e. Quarterly Affirmative Action Report
4:25 p.m. 5. Board Action Items VP Finance a. Resolution (F0070-11-18) Authorizing the Sale of $1,500,000 General Obligation Promissory Notes, Series 2018-2019F of Milwaukee Area Technical College District, Wisconsin b. Resolution (F0071-11-18) Authorizing the Issuance of $1,500,000 General Obligation Promissory Notes, Series 2018-2019G of Milwaukee Area Technical College District, Wisconsin c. Resolution (F0072-11-18) to Approve FY2017-2018 Comprehensive Annual Financial Report d. Approval of Single Audit Report e. Approval of Auditor’s Communication to Those Charged with Governance and Management f. Approval of Advisory Audit Committee Charter
4:45 p.m. 6. Policy Review VP General Counsel a. Review of Policy Changes to Section A: Bylaws-Code A0101 to A0300 b. Review of Policy Changes to Section B: Business and Finance-Code B0101 to B0904
MATC is the premier, comprehensive technical college that provides excellence in education to enrich, empower, and transform lives c. Review of Policy Changes to Section C: Personnel-Code C0200 to C2000-1 d. Review of Policy Changes to Section D: Instructional Programs and Services-Code D0100 to D1000 e. Review of Policy Changes to Section E: Instructional Support-Code E0100 to E0203 f. Review of Policy Changes to section F: Student Services-Code F0100-1 to F1100 g. Review of Policy Changes to Section G: Building Operations-Code G0050 to G0404 h. Review of Policy Changes to Section H: Administrative Support-Code H0101-1 to H0300-4 i. Review of Policy Changes to Section I: Public Television- Code I0100 to I0601
5:00 p.m. 7. Reports a. Chairperson’s Report Board Chair b. President’s Report President c. District Student Senate Report Student Representative d. Milwaukee PBS General Manager’s Report General Manager e. Legislative Matters Report VP General Counsel f. Audit Advisory Committee Report Board Liaison to AAC
5:30 p.m. 8. Board Monitoring a. Enrollment Update VP Student Services
5:45 p.m. 9. New Business Board Chair
5:55 p.m. 10. Future Agenda Items / Events Board Chair a. Board Retreat, December 6, 2018, 9:00 – 3:00 p.m. MATC Downtown, M210 (Board Room) b. Winter Commencement, Friday, December 14, 2018, 6:00 p.m. at Miller High Life Theatre c. Board Meeting Tuesday, December 18, 2018, 4:00 p.m. Downtown Milwaukee Campus, Board Room (M210) d. GED Graduation, December 19, 2018 6:00 p.m. MATC Cooley Auditorium e. WTCDBA Winter Meeting and Legislative Seminar, January 16-18, 2019, Madison, WI f. ACCT 2019 Community College National Legislative Summit, February 10-13, 2019, Washington, D.C.
6:00 p.m. 11. Adjournment Board Chair
MATC is the premier, comprehensive technical college that provides excellence in education to enrich, empower, and transform lives
*This meeting may be conducted in part by telephone. Telephone speakers will be available to allow the public to hear those parts of the proceedings that are open to the public.
** Action may be taken on any agenda item, whether designated as an action item or not. Agenda items may be moved into Closed Session for discussion when it becomes apparent that a Closed Session is appropriate under Section 19.85 of the Wisconsin Statutes. The board may return to Open Session to take action on any item discussed in Closed Session.
Reasonable accommodations are available through the ADA Office for individuals who need assistance. Please call 414-297-6610 to schedule services at least 48 hours prior to the meeting. Attachment 3 - a
MILWAUKEE AREA TECHNICAL COLLEGE DISTRICT BOARD MILWAUKEE, WISCONSIN October 16, 2018
CALL TO ORDER
The regular monthly meeting of the Milwaukee Area Technical College District Board was held in Open Session on Tuesday, October 16, 2018, and called to order by Chairperson Dull at 4:04 p.m. in the Board Room, Room M210, at the Downtown Milwaukee Campus of Milwaukee Area Technical College.
ITEM 1 a. ROLL CALL
Present: Erica Case; David Dull; Mark Foley; Ashanti Hamilton; Lisa Olson; Kahri Phelps Okoro; Mary Scheibel and Ann Wilson (via telephone). Ashanti Hamilton arrived at 4:15 p.m.; Mary Scheibel arrived at 4:10 p.m.
Excused: Abdulhamid Ali.
ITEM 1 b. COMPLIANCE WITH THE OPEN MEETINGS LAW
Discussion Chairperson Dull indicated that proper notice of the meeting had been given in compliance with the Wisconsin Open Meetings Law.
ITEM 2. COMMENTS FROM THE PUBLIC
Discussion None.
ITEM 3. APPROVAL OF MINUTES
C-1 Regular Board Meeting: September 25, 2018
Motion It was moved by Ms. Wilson, seconded by Dr. Olson, to approve the minutes of the Regular Board Meeting: September 25, 2018.
Action Motion approved.
ITEM 4. APPROVAL OF CONSENT AGENDA ITEMS
a. Bills – September 2018 b. Financial Report September 2018 c. Human Resources Report d. Procurement Report Milwaukee Area Technical College District Board October 16, 2018 Page 2
Motion It was moved by Ms. Wilson, seconded by Mr. Foley, to approve the Consent Agenda.
Action Motion approved.
ITEM 5. BOARD ACTION ITEMS
Action Items
5 a. Resolution (F0065-10-18) Authorizing the Sale of $1,500,000 General Obligation Promissory Notes, Series 2018-2019E of Milwaukee Area Technical College District, Wisconsin.
Motion It was moved by Mr. Dull, seconded by Ms. Wilson, to approve Resolution (F0065-10-18) Authorizing the Sale of $1,500,000 General Obligation Promissory Notes, Series 2018-2019E of Milwaukee Area Technical College District, Wisconsin.
Discussion Mr. John Mehan, managing director, Robert W. Baird & Co., reviewed the Final Pricing Summary for the $1,500,000 General Obligation Promissory Notes, Series 2018-2019E.
Action Motion approved, the roll call vote being as follows:
Ayes: Case, Foley, Olson, Phelps-Okoro, Scheibel, Wilson and Dull - 7
Noes: None.
5 b. Resolution (F0066-10-18) Authorizing the Issuance of $1,500,000 General Obligation Promissory Notes, Series 2018-2019F of Milwaukee Area Technical College District, Wisconsin.
Motion It was moved by Mr. Dull, seconded by Ms. Wilson, to approve Resolution (F0066-10-18) Authorizing the Issuance of $1,500,000 General Obligation Promissory Notes, Series 2018-2019F of Milwaukee Area Technical College District, Wisconsin.
Action Motion approved, the roll call vote being as follows:
Ayes: Foley, Olson, Phelps-Okoro, Scheibel, Wilson, Case and Dull – 7
Noes: None.
Milwaukee Area Technical College District Board October 16, 2018 Page 3
Abstain: Hamilton
5 c. Resolution (F0067-10-18) to Establish FY2018-2019 Tax Levy.
Motion It was moved by Mr. Foley, seconded by Dr. Olson, to approve Resolution (F0067-10-18) to Establish FY2018-2019 Tax Levy
Action Motion approved.
5 d. Resolution (F0068-10-18) to Approve FY2017-2018 Annual Budget Amendment).
Motion It was moved by Mr. Foley, seconded by Mr. Hamilton, to approve Resolution (F0068-10-18) to Approve FY2017-2018 Annual Budget Amendment).
Action Motion approved, the roll call vote being as follows:
Ayes: Hamilton, Olson, Phelps-Okoro, Scheibel, Wilson, Case, Foley and Dull – 8
Noes: None.
5 e. Resolution (F0069-10-18) to Approve FY2018-2019 Annual Budget Amendment.
Motion It was moved by Mr. Foley, seconded by Ms. Scheibel, to approve Resolution (F0069-10-18) to Approve FY2018-2019 Annual Budget Amendment.
Action Motion approved, the roll call vote being as follows:
Ayes: Olson, Phelps-Okoro, Scheibel, Wilson, Case, Foley, Hamilton and Dull – 8
Noes: None.
5 f. Resolution to Approve Designation of MATC State Public Officials.
Motion It was moved by Mr. Foley, seconded by Ms. Phelps Okoro, to approve Resolution to Approve Designation of MATC State Public Officials.
Action Motion approved.
Milwaukee Area Technical College District Board October 16, 2018 Page 4 ITEM 6 Policy Approval
6 a. Policy-Hiring, Transfer and Promotion.
Motion It was moved by Mr. Foley, seconded by Ms. Wilson, to approve Policy-Hiring, Transfer and Promotion.
Action Motion approved.
ITEM 7 Reports
7 a. Chairperson’s Report
Discussion Chairperson Dull:
Served on the panel at the Innovation Café at Oak Creek on September 5. Attended the Wisconsin Technical Colleges District Boards Association (WTCDBA) Fall Quarterly meeting hosted by Fox Valley Technical College in Appleton on October 11-13. Announced the Association of Community College Trustees (ACCT) Annual Leadership Congress is October 24-28 in New York City and four board members will be attending. Reminded the board the MATC District Board Retreat will be held in the Board Room on December 6. Stated November 1 has been offered as a date for a Vision Point presentation to the board and asked if that date would work for the board. Asked Mary Scheibel to give a report on the Foundation Meeting, which was held September 27. Ms. Scheibel reported: ᴑ The Foundation provided the college with the following support: $581,855 in scholarships, $105,712 in emergency student assistance; $942,514 in program support, largely funded by United Healthcare Foundation. ᴑ In FY19 the Foundation has set a goal of $1 million raised in revenue and $50,000 secured in in-kind support. As of September 19, the Foundation has raised more than $210,000. ᴑ To provide strategic guidance on how to garner more philanthropic support, the Foundation is funding a market and feasibility study conducted by fundraising consultants Convergent Nonprofit Solutions. ᴑ The MATC Foundation Board discussed building a stronger partnership between both MATC Foundation and MATC District Boards, and requested an overview of individuals on the District Board Members.
Milwaukee Area Technical College District Board October 16, 2018 Page 5 ᴑ The MATC Foundation discussed a goal to obtain 100% giving participation from both the Foundation and District Boards.
7 b. President’s Report
Discussion Dr. Martin:
● Asked Johnny Craig to introduce the new director of Student Life, Equon Burrows and new Student Representative, Sam Rosenthal to the board. ● Stated MATC is making progress on Guided Pathways under the guidance and leadership of Dr. Christine Manion. ● Gave an update on Guided Pathways: ᴑ MATC suspending Accuplacer in favor of a more holistic approach to student assessment. ᴑ MATC working on a new model for Enhanced Instruction for Gateway English and Math courses. ᴑ MATC placing 156 employees into new Guided Pathways design teams and rapid response teams.
7 c. District Student Senate Report
Discussion Mr. Sam Rosenthal introduced himself as the new student representative to the board earlier in the evening during Dr. Martin’s report. Mr. Rosenthal:
● Stated the Student Senate is committed to advocate for the student body and promoting a tighter sense of community at MATC. ● Identified key areas the Student Senate wish to focus on, such as: ᴑ Improving the way students can share their thoughts and concerns by updating the senate’s data gathering methods. ᴑ Encouraging multi-departmental participation in as many of the senate’s events as possible with the goal the different clubs and departments at MATC will collaborate more frequently with each other.
7 d. Legislative Matters Report
Discussion Ms. Falkenberg gave an update on recent legislative matters impacting higher education.
Chairperson Dull announced the Legislative Seminar in Madison on January 16-18, 2018 as an opportunity to meet with our legislators and encouraged the board members to attend.
Milwaukee Area Technical College District Board October 16, 2018 Page 6
7 e. Milwaukee PBS General Manager’s Report
Discussion Mr. Zachary:
● Reported Milwaukee PBS’ annual fundraising Appraisal Fair was held at the MATC Mequon Campus and attend by over 700 visitors. The event helped raised $28,180 for Milwaukee PBS. ● Announced MATC and Milwaukee PBS were notified by the CPB that they were not selected for the two year Ready to Learn Grant.
ITEM 8. BOARD MONITORING
8 a. Quality Review Process Business Management
Information Dr. Mohammad Dakwar, Tom Walsh, Sophia Williams and Julia Ashlock presented the Quality Review Process Early Childhood Education as information.
Mr. Hamilton departed the meeting at 5:15 p.m.
8 b. Enrollment Management Update
Information Mr. Craig presented the Enrollment Management Update as information.
8 c. Student Satisfaction Survey Results
Information Mr. Craig and Dr. Yan Wang presented the Student Satisfaction Survey Results as information via a Power Point presentation.
8 d. Annual Procurement/Construction Services Summary
Information Mr. Hollow and Laura Moore presented the Annual Procurement/Construction Services Summary as information.
ITEM 9. NEW BUSINESS There was no new business.
ITEM 10. Future Agenda Items/Events
10 a. ACCT Leadership Congress, October 24 – 27. 2018, New York, NY 10 b. MATC District Board Meeting, November 27, 2018, MATC Downtown, M210 (Board Room) 10 c. Board Retreat, December 6, 2018, 9:00 a.m. – 3:00 p.m.
Milwaukee Area Technical College District Board October 16, 2018 Page 7 10 d. MATC Winter Commencement, December 14, 2018, 6:00 p.m.
ITEM 11. Adjournment
Motion It was moved by Ms. Scheibel, seconded by Mr. Foley to adjourn the meeting.
Action Motion approved.
The meeting adjourned at 6:05 p.m.
Respectfully submitted, Gwendolyn Z. Green On behalf of Board Secretary Mary Scheibel
* This meeting may be conducted in part by telephone. Telephone speakers will be available to allow the public to hear those parts of the proceedings that are open to the public.
** Action may be taken on any agenda item, whether designated as an action item or not. Agenda items may be moved into Closed Session for discussion when it becomes apparent that a Closed Session is appropriate under Section 19.85 of the Wisconsin Statutes. The board may return into Open Session to take action on any item discussed in Closed Session.
Reasonable accommodations are available through the ADA Office for individuals who need assistance. Please call 414-297-6610 to schedule services at least 48 hours prior to the meeting. Attachment 4-a
BOARD BILLS LIST
The following bills are to be presented for approval at the meeting of the Milwaukee Area Technical College District Board, State of Wisconsin, to be held on 11-27-18
BILLS PAYABLE RECAPITULATION
Month of October 2018
Payments for encumbrances and monthly expenditures were made for the following funds:
General Fund 6,172,358.600 Special Revenue Fund-Operational 19,982.730 Special Revenue Fund-Non Aidable 228,625.550 Enterprise Fund 657,679.130 Capital Projects Fund 2,757,481.320 Debt Service Fund 12,004.080 Internal Service Fund 2,783,326.200 Public Television Fund 287,637.630
Total Expenditures $ 12,919,095
Secretary Chair
Page 1 BOARD BILLS LIST
The following bills are to be presented for approval at the meeting of the Milwaukee Area Technical College District Board, State of Wisconsin, to be held on 11-24-18
Bank Transfer Payments October 2018
Delta Dental Insurance Claims $ 83,798.74
UMR Health Insurance Claims $ 2,117,631.45
WE-Energies $ 233,749.58
Bank Service Charges $ 309.04
Merchant Service Credit Card Fees $ 16,894.68
Wisconsin Retirement System $ 1,211,486.69
Federal Payroll Tax $ 3,104,130.46
State Payroll Tax $ 719,158.49
State, County, and Stadium Sales Tax $ 113,125.02
Debt Service Fund Wire Payments Oct-18
General Obligation Debt Series Interest Principal
None
Page 1 General Obligation Debt Series Interest Principal
$ - -
Page 2 Board Bill List October, 2018 Allocation of Cash By Fund
1 General Fund $ 711,940.62 Add to Sheet 1 - Cell E15 2 Special Revenue Fund - Operational $ 16,727.01 Add to Sheet 1 - Cell E18 3 Capital Projects $ 2,755,156.32 Add to Sheet 1 - Cell E19 4 Debt Service $ 12,004.08 Add to Sheet 1 - Cell E20 5 Enterprise $ 628,283.45 Add to Sheet 1 - Cell E18 5 TV Fund $ 287,637.63 Add to Sheet 1 - Cell E22 6 Internal Service Fund $ 581,896.01 Add to Sheet 1 - Cell E21 7 Special Revenue Fund - NonAid $ 193,904.56 Add to Sheet 1 - Cell E17
$ 5,187,549.68
Credit Card Discount Fees Internal Transfers - Get Info from Sue Jarvis
1-60-93101-5434-00000 6996.73 Add to Sheet 1 - Cell E15 1-60-00001-1305-00000 8926.62 Add to Sheet 1 - Cell E18 1-60-00001-1307-00000 971.33 Add to Sheet 1 - Cell E17 (2) 1-60-93101-5434-00000 Add to Sheet 1 - Cell E15 (2) 1-60-00001-1305-00000 Add to Sheet 1 - Cell E18
Linked to PVS Net Calculation Worksheet
Total Fund 1 - linked $ 71,461.97 Add to Sheet 1 - Cell E15 Note: fund 1 includes download + accrual (00001-2239) Total Fund 2 - linked $ 3,255.72 Total Fund 3 - linked $ 2,325.00 Total Fund 5 - linked $ 20,469.06 Add to Sheet 1 - Cell E18 Total Fund 7 - linked $ 33,749.66 Add to Sheet 1 - Cell E17
$ 131,261.41 Fund GF SR Enterprise SR-nonaid capital 1 2 5 7 3
A B C I J K L M N 1 M i l w a u k e e A r e a T e c h n i c a l C o l l e g e 2 Fiscal Year Year-to-date October 2018 and 2019 Attachment 4-b 3 4 Prepared By: Finance Division on November 13, 2018 General Fund
5
6 Year-to-date Full Year Actual Year-to-date Full Year Budget Actual October Fiscal Year 2017- Actual October Fiscal Year 2018- 2017-2018 2018 YTD % of 2018-2019 2019 YTD % of 7 Account Description Actual Budget 8 `
9 Local Government Total 2,087 48,117,496 0.0% 13,844 49,236,106 0.0% 10
11 State Aid Plus Act 145 Funding Total 8,340,368 75,309,568 11.1% 8,372,788 75,897,446 11.0% 12
13 Statutory Program Fees Total 20,232,877 36,375,502 55.6% 21,274,231 36,816,500 57.8% 14
15 Material Fees Total 800,079 1,498,055 53.4% 802,449 1,508,900 53.2% 16
17 Other Student Fees Total 1,381,897 2,658,923 52.0% 1,513,878 2,650,564 57.1% 18
19 Institutional Revenue Total 603,368 2,773,370 21.8% 688,207 2,827,437 24.3% 20
21 Federal Revenue Total - 91,107 0.0% - 110,000 0.0%
22 Total Revenue 31,360,676 166,824,022 18.8% 32,665,396 169,046,953 19.3% 23 24
25 Salaries Total 32,331,758 108,987,057 29.7% 33,005,419 109,246,739 30.2% 26
27 Fringe Benefit Total 13,690,879 40,046,453 34.2% 13,146,284 40,154,248 32.7% 28
29 Non-Salary/Non-Benefit Expenses 6,889,485 17,645,861 39.0% 6,553,621 19,645,966 33.4% 30
31 Total Expenditures 52,912,123 166,679,371 31.7% 52,705,324 169,046,953 31.2%
32
33 Surplus or (Deficit) (21,551,447) 144,651 (20,039,928) -
34
35 Beginning General Fund Reserve (July 1st) 32,496,387 32,641,039
36 Add: Surplus or Subtract: (Deficit) 144,652 -
37 Ending General Fund Reserve (June 30th) 32,641,039 32,641,039
38 Reserve as Percentage of Total Revenue 19.57% 19.31% 39
PRINTED ON: 11/19/2018 1:13 PM Page 1 of 1 FILENAME: FY 2019 October YTD Financial Report_FPO 09 Attachment 4 - c matc
HUMAN RESOURCES REPORT
November 2018
55 transactions are included in the report for November.
Appointments
26 appointments occurred during the reporting period, 23 of which are staff appointments and 3 are faculty appointments. The staff appointments are 9 part-time regular, 7 part-time limited-term, 5 full-time regular and 2 full-time limited-term positions. Included in the faculty appointments are 3 part-time regular positions. 14 females and 12 males comprise the appointments. Represented in that total are 3 black females, 6 black males and 4 Asian females. Fiscal year-to-date, total appointments are 138. Included in that total are 59 males (42.8%) and 79 females (57.2%). Minority hires total 51 (37.0%), including 36 black (26.1%).
Native White Black Hispanic Asian American Total Male Female Male Female Male Female Male Female Male Female Male Female This Month 6 7 6 3 0 0 0 4 0 0 12 14 Year-to-date 39 41 14 22 1 6 1 5 1 1 59 79 YTD Percent 58.0% 26.1% 5.1% 4.3% 1.4% 42.8% 57.2% Native Hawaiian/ 2 or More Races Other Pacific Islander Male Female Male Female Male Female 0 0 0 0 0 0 2 1 1 3 0 0 2.2% 2.9% 0.0%
Changes in Status
The 5 changes in status during this reporting period represent 3 additional assignments, 1 promotion and 1 transfer. 5 females comprise the changes in status. Included in that total is 1 black female.
Separations
The 24 separations represent 7 retirements, 14 resignations and 3 terminations. 14 females and 10 males comprise the separations. Included in that total are 7 black females, 2 black males and 1 Hispanic female.
TRANSACTION SUMMARY REPORT FOR November 2018
CHANGES IN **AA DIVISION OR SCHOOL APPOINTMENTS STATUS SEPARATIONS TOTAL
BUSINESS 0 0 3 3 HEALTH SCIENCES 7(2) 1(1) 1 9(3) LIBERAL ARTS & SCIENCES 0 0 0 0 MEDIA & CREATIVE ARTS 0 0 0 0 PRE-COLLEGE 0 0 0 0 TECHNOLGY & APPLIED 1 2 4 7 SCIENCES ACADEMIC SERVICES 0 0 1 1 FACILITIES & OPERATIONS 2(2) 0 4(3) 6(5) DISTRICT ADMINISTRATION 0 0 0 0 HUMAN RESOURCES 1 1 1(1) 3(1) FINANCE 5(4) 1 1(1) 7(5) INFORMATION TECHNOLOGY 0 0 0 0 OFFICE OF GENERAL COUNSEL 0 0 0 0 PUBLIC TELEVISION 2 0 2(1) 4(1) STUDENT SERVICES 8(5) 0 6(4) 14(9) WORKFORCE & ECONOMIC 0 0 0 0 DEVELOPMENT COLLEGE ADVANCEMENT 0 0 1 1
TOTALS BY CATEGORY 26(13) 5(1) 24(10) 55(24)
55(24) TOTAL TRANSACTIONS FOR THE MONTH
**Affirmative Action totals in parentheses.
Non-represented Salary Schedule
Effective January 1, 2017
Exempt
Salary Grade Title Minimum Mid-Point Maximum 917 Vice President $ 135,434 $ 174,638 $ 213,843 916 Associate Vice President, Dean $ 94,223 $ 127,419 $ 160,613 915 Associate Dean, Director $ 83,466 $ 113,181 $ 142,892 914 Assistant Dean, Manager $ 67,061 $ 90,935 $ 114,809 913 Coordinator $ 58,981 $ 79,977 $ 100,973 912 Senior Specialist, Supervisor $ 48,723 $ 66,069 $ 83,411 911 Specialist $ 43,595 $ 59,112 $ 74,629
Non -Exempt
Salary Grade Title Minimum Mid-Point Maximum 904 Senior Technician $ 46,322 $ 62,815 $ 79,304 903 Administrative Specialist $ 40,281 $ 54,619 $ 68,955 902 Assistant $ 35,025 $ 47,494 $ 59,963 901 Aide $ 25,364 $ 34,393 $ 43,422
Human Resources Report November 2018 Appointments
Type of Division or School Employee Name Employee Status Job Title Transaction Start Date End Date Salary Education
Business None
Health Sciences Baker, John Part-Time LTE Student Services Specialist, Recruiter Health Temporary 10/29/18 12/31/19 $29.41/Hour M.A. - Fisk University/Meharry Medical College Decker, Alexandra Part-Time Regular Instructor, Dental Hygiene New 11/05/18 $27.45/Hour B.A. - Minnesota State University Lyon, Abigail Part-Time Regular Educational Assistant - Nursing New 10/24/18 $25.76/Hour B.A. - UW-Madison Salaam, Jocelynn Part-Time Regular Educational Assistant - Nursing New 10/22/18 $25.76/Hour B.A. - Dillard University Teufel, Stephanie Part-Time Regular Instructor, Dental Hygiene New 11/05/18 $27.45/Hour B.A. - UW-Waukesha Van Male, Therese Part-Time Regular Educational Assistant - Nursing New 10/24/18 $25.76/Hour M.A. - Duke University Weckman, Paula Part-Time Regular Educational Assistant - Nursing New 10/16/18 $25.76/Hour M.A. - University of Michigan
Liberal Arts & Sciences None
Media & Creative Arts None
Pre-College None
Technology & Applied Lorino, John Part-Time Regular Instructor, Truck Driving New 11/26/18 $27.45/Hour A.A. - MATC Sciences
Academic Services None
Facilities & Operations Jones, Marquis Part-Time Regular Building Services Assistant New 10/22/18 $19.29/Hour HSD Qualls, Emanuel Part-Time Regular Shuttle Van Driver Replacement 10/15/18 $14.73/Hour HSD
District Administration None
Human Resources Keltner, Kevin Full-Time LTE Coordinator, Compensation & Analysis Temporary 10/18/18 06/30/19 $39.00/Hour B.A. - Marquette University
Finance Hung, Yu Full-Time Regular Accounting Specialist Replacement 11/05/18 $20.44/Hour A.A. - MATC Miller, Terry Part-Time Regular Culinary Assistant Replacement 11/20/18 $14.73/Hour HSD Peeple, Constance Full-Time Regular Supervisor, Printing Services New 11/26/18 $56,000/Annual HSD Pfankuch, Nancy Part-Time Regular Child Development Specialist Replacement 11/05/18 $20.72/Hour B.A. - UW-Whitewater Vang, Mai Part-Time Regular Culinary Assistant Replacement 11/01/18 $14.73/Hour HSD
Information Technology None
Office of General Counsel None
Public Television Piekarz, Jason Full-Time Regular TV Production Specialist I Replacement 10/26/18 $27.33/Hour A.A. - Cosumnes River College Stewart, Jon Full-Time Regular Chief Development Officer Replacement 10/29/18 $92,000/Annual B.A. - UW-Milwaukee
Student Services Cardenas, Rebecca Part-Time LTE Tutor Temporary 10/22/18 06/30/19 $14.00/Hour B.A. - Carroll University Heller, Anthony Part-Time LTE Tutor Temporary 11/19/18 06/30/19 $12.00/Hour HSD Hulbert, Julious Part-Time LTE Tutor Temporary 10/22/18 06/30/19 $14.00/Hour M.A. Le, Thuy Part-Time LTE Tutor Temporary 10/29/18 06/30/19 $12.00/Hour HSD Raclaw, Emily Full-Time Regular Disability Specialist Replacement 11/26/18 $25.76/Hour M.A. - UW-Milwaukee Ryu, Jinsun Part-Time LTE Tutor Temporary 10/29/18 06/30/19 $14.00/Hour B.A. - INHA University Szuba, Timothy Part-Time LTE Tutor Temporary 10/25/18 06/30/19 $14.00/Hour B.A. - UW-Milwaukee Walker, Wesley Full-Time LTE Student Services Specialist Temporary 11/12/18 06/30/19 $29.41/Hour M.A. - Concordia University
Workforce & Economic None Development
College Advancement None Human Resources Report November 2018 Changes In Status
Type of Division or School Employee Name Personnel Action Job Title Transaction Start Date End Date Salary
Business None
Health Sciences Woods, Sadie Additional Assignment Instructor, Phlebotomy Retirement 10/24/18 $27.45/Hour
Liberal Arts & Sciences None
Media & Creative Arts None
Pre-College None
Technology & Applied Sciences Brayton, Cassie Additional Assignment Instructor, Landscape Horticulture New 10/15/18 $27.45/Hour Philaja, Molly Additional Assignment Educatinal Assistant, Interior Design Replacement 11/26/18 $25.76/Hour
Academic Services None
Facilities & Operations None
District Administration None
Human Resources Standa, Bianca Promotion Benefits Specialist New 10/24/18 $49,500/Annual
Finance Quinbar, Michelle Transfer Office Technician Replacement 11/27/18 $27.06/Hour
Information Technology None
Office of General Counsel None
Public Television None
Student Services None
Workforce & Economic Development None
College Advancement None Human Resources Report November 2018 Separations Effective Division or School Employee Name Ending Reason Job Title Date
Business Perry, Shelley Retirement Educational Assistant 01/04/19 Schneider, Laurel Resignation Instructor, IT Support 12/19/18 Vanchena, Paul Resignation Instructor, Accounting 01/01/18
Health Sciences Bueschel, Marcia Resignation Instructor, Dental 12/20/18
Liberal Arts & Sciences None
Media & Creative Arts None
Pre-College None
Technology & Applied Sciences Fuerstenberg, Sean Termination Instructor, Driver Education 10/16/18 Jungbluth, Michael Resignation Instructor, Police Technology 10/18/18 Kuester, Shannon Resignation Instructor, Horticulture 10/12/18 Miller, Helen Retirement Instructor, Machine Shop 12/21/18
Academic Services Eccles, Tracy Resignation Librarian 10/31/18
Facilities & Operations Forsythe, Jay Resignation Manager 11/09/18 Nelson, Keosha Resignation Shuttle Driver 11/23/18 Phillips, Ronald Retirement Building Services Technician 11/02/18 Smith, Timothy Resignation Building Services Technician 11/09/18
District Administration None
Human Resources Sherrod, Kim Resignation Coordinator, Human Resources 10/26/18
Finance MacEwan, Maria Termination Office Associate 10/29/18
Information Technology None
Office of General Counsel None
Public Television Collins-Siegrist, Liddie Retirement Coordinator, TV Production 01/04/19 Vogel, John Termination Coordinator, TV Program Information 10/09/18
Student Services Adesuyi, Gwynetta Resignation Customer Service Representative 09/06/18 Archie, Deborah Resignation Customer Service Representative 11/23/18 Cox, Marvette Resignation Office Specialist 10/09/18 Hanson, Robert Retirement Instructor, Student Activities 12/04/18 Neeley, Melanie Resignation Customer Service Representative 10/12/18 Schroeder, Karl Retirement Educational Assistant 01/31/19
Workforce & Economic Development None
College Advancement Shively, Dale Retirement Auditorium Specialist 01/02/19
Attachment 4-d
PROCUREMENT REPORT NOVEMBER 2018
The Procurement report consists of:
Part I Procurements Part II Construction Contracts Part III Lease Agreements
Each month, the Board approves contracts, procurements and services related to the operation of the College. The current items for Board approval are:
I. Procurements
1. PARKING – MATC FACULTY, STAFF, AND GUESTS – DOWNTOWN MILWAUKEE CAMPUS Interstate Parking Milwaukee, WI $1,652,322.00 (Five (5)-year contract, see below for breakdown of cost by year.)
2. STRATEGIC PLANNING SERVICE – MILWAUKEE PBS Public Works, LLC Washington, DC $60,000.00
3. HUNTER ALIGNMENT LIFTS – MEQUON CAMPUS Northern Equipment Company, Inc. Waukesha, WI $153,940.00
4. LOCKOUT/TAGOUT PROGRAM FOR ACADEMIC EQUIPMENT – DISTRICTWIDE Grainger Austin, TX $54,300.00
5. PROCESS CONTROL TRAINERS – DOWNTOWN MILWAUKEE CAMPUS Lab Midwest LLC Mequon, WI $164,020.37
6. MASS NOTIFICATION SYSTEM UPGRADE – DOWNTOWN MILWAUKEE CAMPUS – FOUNDATION HALL Honeywell Building Technologies Oak Creek, WI $185,513.00
7. OSCILLOSCOPES – WEST ALLIS CAMPUS Newark Richfield, OH $72,164.88 II. Construction Contracts
1. RENOVATION AND REMODELING Downtown Milwaukee Campus – T Building School of Technology and Applied Sciences – Classroom Addition T211, T213, & T215 MATC Bid Reference #2018-015; Project #2019953 A.J. Heinen, Inc. New Berlin, Wisconsin $1,369,230.00
2. RENOVATION AND REMODELING Downtown Milwaukee Campus – Main Building – Interstitial Space MATC Bid Reference #2018-016; Project #2017737 Integrity Environmental Services, Inc. Waukesha, Wisconsin $334,666.00
3. RENOVATION AND REMODELING Downtown Milwaukee Campus – Main Building Printing Services Flooring & Ventilation Improvements MATC Bid Reference #2018-017; Project #2019960 Creative Constructors LLC Menomonee Falls, Wisconsin $176,000.00
III. Lease Agreements None
Procurement Report – NOVEMBER 2018 Page 2 of 12 Part I: PROCUREMENTS Item 1: PARKING – MATC FACULTY, STAFF, AND GUESTS – DOWNTOWN MILWAUKEE CAMPUS
Background Information
Milwaukee Area Technical College distributed a RFP for faculty, staff and guest parking. The RFP specified 350 parking spots for the months August – May and 250 parking spots for June and July.
Using the criteria below, proposals were evaluated by assessment of how well the bidder completely and effectively responded to the RFP, as well as the degree of compliance requested, in addition to the affordability of the system proposed.
Percentage Criteria 55% Annual cost to MATC
20% Condition of the facility as evaluated by MATC’s staff and advisors
20% Convenience of location to MATC faculty, staff, and guests
5% Involvement of MBE/WBE/DBE participation and diversity commitment, demonstrated commitment to equal opportunity in hiring
This purchase will be made under the guidelines of MATC RFP 19-03, which meets all state of Wisconsin Procurement requirements.
Four (4) vendors were directly solicited and the bid was posted on DemandStar:
BMO Harris Bradley Center Impark Interstate Parking Milwaukee Bucks
Two (2) vendors responded:
Impark Interstate Parking
Positive action by the MATC Board will result in a purchase from Interstate Parking, of Milwaukee, WI for a total cost of $1,652,322.00:
Year 1 & 2 Year 3 Year 4 Year 5 $ 315,000.00 $ 330,750.00 $ 340,662.00 $ 350,910.00
Procurement Report – NOVEMBER 2018 Page 3 of 12 Part I: PROCUREMENTS Item 2: STRATEGIC PLANNING SERVICE – MILWAUKEE PBS
Background Information
Milwaukee PBS distributed a RFP with the objective of engaging a consultant to assist in developing a future-focused strategic plan. This plan’s goal will be to strengthen Milwaukee PBS’ overall position and its fundraising abilities.
Beginning in January 2019, the Public Works principal, Shane Guiter, will work intensively with MATC Board Members, MATC Executive Leaders, Milwaukee PBS staff and Milwaukee viewers and community leaders. By fall Guiter will develop a strategic plan that assesses Milwaukee PBS’ strengths and weaknesses and its position in the southeast Wisconsin region it services. This plan will detail an implementation plan, which includes one (1) year of consulting services/ implementation assistance from Public Works after launch of the plan.
Using the criteria below, proposals were evaluated by assessment of how well the bidder completely and effectively responded to the RFP, as well as the degree of compliance requested, in addition to the affordability of the system proposed.
Percentage Criteria 25% Knowledge of nonprofit business models and service networks
25% Experience guiding organizations through changes in mission, vision, and service models
25% Cost competitiveness and clear explanation of pricing structure
20% Ability to meet project deadlines and operate within budget
5% Involvement of MBE/WBE/DBE participation and diversity commitment, demonstrated commitment to equal opportunity in hiring
This purchase will be made under the guidelines of MATC RFP 19-08, which meets all state of Wisconsin Procurement requirements.
Three (3) vendors were directly solicited and the bid was posted on DemandStar:
Public Media Company Public Works, LLC Sandweiss & Associates
Five (5) vendors responded:
Hezel Associates, LLC Rich Gross Solutions, Inc. MGT of America, Consulting, LLC Sandweiss & Associates Public Works, LLC
Positive action by the MATC Board will result in a purchase from Public Works, LLC of Washington, DC for the cost up to $60,000.00 ($50,000.00 set price for plan completion and not to exceed $10,000.00 for travel and expenses).
Procurement Report – NOVEMBER 2018 Page 4 of 12 Part I: PROCUREMENTS Item 3: HUNTER ALIGNMENT LIFTS – MEQUON CAMPUS
Background Information
The Automotive department at the Mequon campus requests updating the current alignment racks to meet industry and manufacturer standards. The current alignment racks are almost 30 years old and many parts are no longer available. The new design will not only allow the department to save valuable space in their labs but will also include the latest safety features. The new alignment racks will contain a lighting system and inflation stations which is standard equipment used by our local automotive dealers today.
This purchase will be made under the guidelines of MATC BID 19-11, which meets all state of Wisconsin Procurement requirements.
Three (3) vendors were directly solicited and the bid was posted on DemandStar:
Mohawk Resources Ltd. Northern Equipment Company, Inc. Waukesha Oil Equipment, Inc.
One (1) vendor responded:
Northern Equipment Company
Specific bid information is provided below:
Northern Equipment Company ...... $153,940.00
Positive action by the MATC Board will result in a purchase from Northern Equipment Company, Inc. of Waukesha, WI for the cost of $153,940.00.
Procurement Report – NOVEMBER 2018 Page 5 of 12 Part I: PROCUREMENTS Item 4: LOCKOUT/TAGOUT PROGRAM FOR ACADEMIC EQUIPMENT - DISTRICTWIDE
Background Information
The MATC Risk Manager is requesting a districtwide lockout/tagout program for all machinery used for teaching/academic purposes.
Lockout/Tagout refers to specific practices and procedures to safeguard users from the unexpected energization or startup of machinery and equipment, or the release of hazardous energy during service or maintenance activities. In addition to providing a safe environment for the classroom setting, it is imperative that students are instructed on lockout/tagout programs for when they enter the workforce. Such programs are required by OSHA.
A similar program has been instituted for all operational (non-academic) machinery districtwide. There is currently no program in place for academic machinery.
This purchase will be made under the guidelines of E&I Cooperative Contract CNR01248 which meets all state of Wisconsin Procurement requirements.
Positive action by the MATC Board will result in a purchase from Grainger of Austin, TX at the cost of $54,300.00.
Procurement Report – NOVEMBER 2018 Page 6 of 12 Part I: PROCUREMENTS Item 5: PROCESS CONTROL TRAINERS – DOWNTOWN MILWAUKEE CAMPUS
Background Information
The School of Technology and Applied Sciences requests the purchase of Process Control Trainers. The process control equipment is used to help educate students in the manufacturing related fields about process controls. The equipment will update our process control training to include new technology including Smart Sensors and controls. The equipment will help to introduce the Advanced Manufacturing concepts and technology as related to the emerging field of IIOT and smart devices.
The trainers will be an integral part of several programs that include Electronic Technology – Automation, Industrial Electrical Apprentices, Advanced Manufacturing Technology, Mechatronic Apprentices, as well and Industrial Maintenance Technology. The equipment must have delivery content that can be used in print form and online Computer Based Training that matches the existing CBT systems used at MATC.
Must have a CBT (Computer Based Training) system tied to the equipment with adequate preliminary information to understand the subject/concept and use that knowledge to be applied to an activity involving the hardware and software. The CBT must be able to be modified to match the content and curriculum for each course being run. If additional activities are created outside the preprogrammed activities in the CBT, they should be able to be added to the CBT by the instructor. The hardware must not rely on computer based instrumentation. The CBT and hardware should use instrumentation that exists in the lab like Agilent oscilloscopes and DMM’s. The hardware should have current components and expandable to include new components. Smart IIOT compliant devices should be available now or in the future.
This purchase will be made under the guidelines of Kentucky MA Contract 758 1700001011 which meets all state of Wisconsin Procurement requirements.
Positive action by the MATC Board will result in a purchase from Lab Midwest of Mequon, WI at the cost of $164,020.37.
Procurement Report – NOVEMBER 2018 Page 7 of 12 Part I: PROCUREMENTS Item 6: MASS NOTIFICATION SYSTEM UPGRADE – DOWNTOWN MILWAUKEE CAMPUS – FOUNDATION HALL
Background Information
This proposal is to have Honeywell provide additional services including electrical sub-contracting assistance to help expand the existing Foundation Hall Honeywell XLS3000 Fire Alarm System and the existing Honeywell EBI Campus Wide System to include an Emergency Communications System. This proposal includes the installation of new ceiling speaker/strobes alert and wall speaker/strobes alert, as well as amplifiers, annunciator, pull stations, exterior speakers, etc. Once the new mass notification system is operational and has inspection approval, the old Wheelock Mass Notification system will be completely removed from Foundation Hall.
This purchase will be made under the guidelines of GSA contract GS-07F-0063H, which meets all state of Wisconsin Procurement requirements.
Positive action by the MATC Board will result in a purchase from Honeywell International of Oak Creek, WI for the cost of $185,513.00.
Procurement Report – NOVEMBER 2018 Page 8 of 12 Part I: PROCUREMENTS Item 7: OSCILLOSCOPES – WEST ALLIS CAMPUS
Background Information
The Electronic Technology department would like to purchase Keysight Oscilloscopes for the electronics labs on the West Allis Campus. These oscilloscopes will upgrade the West Allis labs to the newer, touchscreen technology oscilloscopes. This will provide our students with a uniform piece of testing equipment that matches the Milwaukee Campus for the advanced electronics technology labs. The equipment also matches the specifications of our transfer University partners like MSOE (Milwaukee School of Engineering).
The equipment will be utilized to test and record laboratory experiments in multiple courses in the electronics technology programs. These courses include microprocessors [ELCTEC-140], microcontrollers [ELCTEC-141], advanced digital [ELCTEC-131], advanced devices [ELCTEC-121], DC/AC circuits 2 [ELCTEC-111], DC/AC circuits 3 [ELCTEC-112], and circuit analysis [ELCTEC-124]. The last two courses ELCTEC-112 and ELCTEC-124 define our MATC’s bridge courses to MSOE. This equipment will give our students the needed confidence in operating testing and recording equipment that is the same as the equipment used at MSOE.
MSOE specifies the MSO3024 type of oscilloscope. MATC labs in T435 and T443 have the same oscilloscope. Networking interfaces as well as screen capture to Flashdrives are required. Software upgrades to include communication signal analysis and FFT (Fast Fourier Transforms) should be included or optional. 4 Channel with 16 Digital inputs required.
This purchase will be made under the guidelines of the UW Madison contract 13-5806 which meets all state of Wisconsin Procurement requirements.
Positive action by the MATC Board will result in a purchase from Newark of Richfield, OH at the cost of $72,164.88.
Procurement Report – NOVEMBER 2018 Page 9 of 12 Part II: CONSTRUCTION Item 1: RENOVATION AND REMODELING Remodeling Specified Areas; Downtown Milwaukee Campus – T Building School of Technology and Applied Sciences – Classroom Addition T211, T213, & T215 MATC Bid Reference #2018-015; Project #2019953
Background Information
Previously, the Board approved lists of renovation and remodeling capital projects for various budget years. The projects and funding plans have also been approved as part of the respective fiscal year budget approvals. The subject project addresses remodeling at the MATC Downtown Milwaukee Campus T-Building.
The contract recommended for approval below is for a single prime contract that pertains to the general construction for the previously mentioned areas.
Bid documents for the aforementioned work were prepared in accordance with Board policies and State regulations, and advertisements were placed in the Daily Reporter, the Milwaukee Courier and the Spanish Journal. The bids were opened on November 13, 2018, with the following results of the Base Bid & Alternates 1b, 5b, 6b, 7b, 8b, 9b, 10b, & 11b
REMODELING SPECIFIED AREAS & RELATED WORK (Comprehensive Single Prime)
A. J. Heinen, Inc...... $ 1,369,230.00* Creative Constructors, LLC ...... $ 1,499,900.00 JCP Construction ...... $ 1,680,645.00
Proposals were evaluated, and the low qualified bid, as indicated by the asterisk, has met specifications. There were no challenges to the bid document or the manner in which the successful bidder was selected.
Positive action by the Board on this item will authorize the issuance of a contract in the amount shown to the firm indicated by the asterisk.
Procurement Report – NOVEMBER 2018 Page 10 of 12 Part II: CONSTRUCTION Item 2: RENOVATION AND REMODELING Downtown Milwaukee Campus – Main Building – Interstitial Space MATC Bid Reference #2018-016; Project #2017737
Background Information
Previously, the Board approved lists of renovation and remodeling capital projects for various budget years. The projects and funding plans have also been approved as part of the respective fiscal year budget approvals. This project deals with environmental remediation to the Downtown Main Campus Main Building Interstitial Spaces.
The contract recommended for approval below is for a single prime contract that pertains to the general construction for the previously mentioned areas.
Bid documents for the aforementioned work were prepared in accordance with Board policies and State regulations, and advertisements were placed in the Daily Reporter, the Milwaukee Courier and the Spanish Journal. The bids were opened on October 25th, 2018 with the following results of the Base Bid.
REMODELING SPECIFIED AREAS & RELATED WORK (Comprehensive Single Prime)
Integrity Environmental Services, Inc...... $ 334,666.00*
Proposals were evaluated, and the low qualified bid, as indicated by the asterisk, has met specifications. There were no challenges to the bid document or the manner in which the successful bidder was selected.
Positive action by the Board on this item will authorize the issuance of a contract in the amount shown to the firm indicated by the asterisk.
Procurement Report – NOVEMBER 2018 Page 11 of 12 Part II: CONSTRUCTION Item 3: RENOVATION AND REMODELING Remodeling Specified Areas: Downtown Milwaukee Campus – Main Building Printing Services Flooring & Ventilation Improvements MATC Bid Reference #2018-017; Project #2019960
Background Information
Previously, the Board approved lists of renovation and remodeling capital projects for various budget years. The projects and funding plans have also been approved as part of the respective fiscal year budget approvals. The subject project addresses remodeling at the MATC Downtown Main Campus.
The contract recommended for approval below is for a single prime contract that pertains to the general construction for the previously mentioned areas.
Bid documents for the aforementioned work were prepared in accordance with Board policies and State regulations, and advertisements were placed in the Daily Reporter, the Milwaukee Courier and the Spanish Journal. The bids were opened on November 14, 2018, with the following results of the Base Bid & Alternates 1, 2, 3, & 4.
REMODELING SPECIFIED AREAS & RELATED WORK (Comprehensive Single Prime)
Allcon, LLC ...... $182,488.00 Burkhart Construction Corp...... $263,940.00 Creative Constructors, LLC...... $ 176,000.00*
Proposals were evaluated, and the low qualified bid, as indicated by the asterisk, has met specifications. There were no challenges to the bid document or the manner in which the successful bidder was selected.
Positive action by the Board on this item will authorize the issuance of a contract in the amount shown to the firm indicated by the asterisk.
Procurement Report – NOVEMBER 2018 Page 12 of 12 Attachment 4- e
AFFIRMATIVE ACTION REPORT
OF
MILWAUKEE AREA TECHNICAL COLLEGE
For the Period July 1, 2018 – September 30, 2018
Submitted by: Dr. Vicki Martin Prepared by: Nina P. Powell
INTRODUCTION
This report provides an analysis of employment statistics for the Milwaukee Area Technical College for the period July 1, 2018 through September 30, 2018 compared to the District Labor Force. The report includes a general summary page, which highlights statistical data on the district workforce, MATC workforce, ethnic/racial minority workforce, and female employees.
A summary of complaints of discrimination and harassment filed internally with MATC Human Resources and externally with the State of Wisconsin - Equal Rights Division, and the Equal Employment Opportunity Commission is included. Cases filed with State and Federal Courts are also included. The summary includes date, nature of complaint and agency.
STATISTICAL HIGHLIGHTS July 1, 2018 – September 30, 2018
DISTRICT STATISTICS PROFILE OF FULL-TIME EMPLOYEES District Labor Force 497,707 Average Length Full-Time Regular and 1205 of Service (Years) 14.59 Funded Employees Percent Minority 39.25 New Full-Time Employees 13 Percent Female 57.76
MAJOR FINDINGS
. In the Executive/Managerial/Administrative, no underutilization exists.
. In the Faculty employment category, underutilization exists in the Asian population.
. In the Professional/Non Instructional, no underutilization exists.
. In the Secretarial/Clerical category, underutilization exists in the Asian population.
. In the Service Maintenance category, underutilization exists in the Female, Hispanic, and Asian populations.
. In the Skilled Craft category, underutilization exists in all Minority populations.
. In the Technical/Paraprofessional category, underutilization exists in the Asian population.
SUMMARY OF INTERNAL & EEOC/ERD/OCR AGENCY COMPLAINTS/COURT CASES
July 1, 2018 – September 30, 2018
INTERNAL COMPLAINTS
Pending Cases NATURE OF CASE 0 Sexual Harassment 8 Discrimination/Harassment/Hostile Work Environment/Retaliation
TOTAL = 8
12 Cases were Processed between July 1, 2018 and September 30, 2018 6 Cases were Dismissed between July 1, 2018 and September 30, 2018 1 Case was Resolved between July 1, 2018 and September 30, 2018 0 Cases Required Further Action between July 1, 2018 and September 30, 2018
EEOC/ERD/OCR AGENCY COMPLAINTS
Number of Complaints NATURE OF COMPLAINT 22 Age/Race/ Sex/Retaliation/ Disability/Discrimination 2 Arrest/Conviction Record TOTAL = 24
. 2 Cases were Filed between July 1, 2018 and September 30, 2018 . 1 Case was Dismissed between July 1, 2018 and September 30, 2018 . 0 Cases were Resolved between July 1, 2018 and September 30, 2018
COURT CASES
Pending Cases NATURE OF CASE 1 Personal Injury 3 Employment Discrimination TOTAL = 4
. 1 Case was Filed between July 1, 2018 and September 30, 2018 . 0 Case were Dismissed between July 1, 2018 and September 30, 2018 . 0 Cases were Resolved between July 1, 2018 and September 30, 2018
Affirmative Action Report -3- July 1, 2018 – September 30, 2018
GLOSSARY OF TERMS
HANDICAPPED/DISABLED: groups mean individuals who: ADVERSE IMPACT: An employment policy, practice, or procedure has adverse a) Have a physical or mental impairment which makes achievement impact if it results in the disqualification of affirmative action group members at a unusually difficult or limits the capacity to work; significantly greater rate than members of other groups. The enforcement agencies
will generally regard a selection rate for any group which is less than four-fifths b) Have a record of such an impairment, or; (4/5) or 80% of the rate for other groups as constituting evidence of adverse impact.
c) Are perceived as having such an impairment. AFFIRMATIVE ACTION: means specific actions in employment which are
designed and taken for the purposes of all of the following: HARASSMENT: Any statement, remark or action which affects an a) Ensuring equal opportunity. individual's or groups employment, or creates an offensive, hostile, or
intimidating work environment. b) Eliminating a substantial disparity between the proportions of members
of racial and ethnic, gender or Disabled groups either in job groups JOB GROUP: means a set of classifications combined by the department on within the classified civil service, or in similar functional groups in the the basis of similarity in required training or skills, responsibility, pay range unclassified service, and the proportion of members of racial and ethnic, and nature of work. gender or Disabled groups in relevant labor pool.
LABOR FORCE: Includes all persons, 16 years or older who are employed c) Eliminating present effects of past discrimination. AA is a Commitment or unemployed but looking for work. to achieving the intent of equal opportunity legislation through a detailed
set of objectives and plans designed to achieve prompt and full RACIAL/ETHNIC MINORITY: means American Indians or Alaskan utilization of minorities, women and persons with disabilities at all Natives, Asians or Pacific Islanders, Blacks, and Hispanics as defined as levels and in all areas of the work force. follows:
AFFIRMATIVE ACTION GROUPS: means one or more of the following: a) American Indians or Alaskan Natives means persons descended
from any of the original peoples of North America who possess a) Racial or ethnic groups. 1/4 degree of documented tribal descendants, or are enrolled with b) Gender groups. a federally or state recognized tribe, or are recognized by a c) Disabled groups. federally or state recognized tribe as American Indians for state
affirmative action purposes. AFFIRMATIVE ACTION PROGRAM: means specific results oriented
standards, procedures and initiatives designed to ensure equal employment b) Asians or Pacific Islanders mean persons descended from any of opportunity and to eliminate effects of past discrimination. the original peoples of the Far East, Southeast Asia, the Indian
Subcontinent, or the Pacific Islands. APPLICANT POOL: All people who have applied for a particular job or jobs
during a particular period of time. c) Blacks means persons descended from any of the Black racial
groups of Africa. AVAILABILITY: The percentage of minorities and women who have the
requisite skills in the labor pool on a statewide or regional basis (See d) Hispanics mean persons of Chicano, Mexican, Puerto Rican, Underutilization). Cuban, Central American or South American culture or origin,
regardless of race. DISCRIMINATION: means unlawful actions or practices which constitute SEXUAL HARASSMENT: Deliberate or repeated, unsolicited verbal unequal or different treatment of, or create an unequal or different effect on an comments, gestures or physical contact of a sexual nature which are individual or group of people, on the basis of age, race, creed or religion, color, unwelcome. Disabled, sex, marital status, national origin or ancestry, political affiliation, arrest
or conviction record, sexual orientation, or other bases specified under Wis. Stats. § UNDERUTILIZATION: Having fewer minorities or women in a particular 111 (II). job group than would reasonably be expected by their availability in the
relevant labor force. EQUAL EMPLOYMENT OPPORTUNITY: All personnel actions including hire, tenure or term, and condition or privilege of employment are based on the ability to perform the duties and EEO JOB CATEGORIES: responsibilities assigned to the particular position without regard to age, race, creed or religion, color, disability, marital status, sex, arrest or conviction record, national Executives/Managerial/Administrative (EEO1): Occupations in which origin, ancestry, sexual orientation, political affiliation or membership in the employees set broad policies, exercises overall responsibility for execution of National Guard. these policies, or direct individual departments or special phases of the agencies' operations, or provide specialized consultation on a region, district or area basis. Includes: department heads, bureau chiefs, divisions chiefs,
directors, deputy directors, controllers, examiners, wardens, superintendents, unit supervisors, sheriffs, police and fire chiefs and inspectors and kindred workers.
Affirmative Action Report -4- July 1, 2018 – September 30, 2018
Faculty (EEO2): Occupations which require specialized and theoretical knowledge which is usually acquired through college training or through work experience or other training which provides comparable knowledge. Includes: teachers or instructors, police and fire captains and lieutenants and kindred workers. Professional Non-instructional (EEO3): Occupations which require specialized and theoretical knowledge which is usually acquired through college training or through work experience or other training which provides comparable knowledge. Includes: personnel and labor relations workers, social workers, doctors, psychologists, registered nurses, economists, dietitians, lawyers, system analysts, accountants, engineers, employment and vocational rehabilitation counselors, teachers or instructors, police and fire captains and lieutenants and kindred workers.
Secretarial/Clerical(EEO4): Occupations in which workers are responsible for internal and external communication, recording and retrieval of data and/or information and other paperwork required in an office. Includes: bookkeeper, messengers, office machine operators, clerk-typists, stenographers, court transcribers, hearing reporters, statistical clerks, dispatchers, license distributors, payroll clerks and kindred workers.
Technicians/Paraprofessionals (EEO5): Occupations which require a combination of basic scientific and technical knowledge and manual skill which can be obtained through specialized post-secondary school education or through equivalent on-the-job training. Includes: computer programmers and operators, draftsmen, surveyors, licensed practical nurses, photographers, radio operators, technical illustrators, technicians (medical, dental, electronic, physical sciences), assessors, inspectors, police and fire sergeants and kindred workers.
Occupations in which workers perform some of the duties of a professional or technician in a support role which usually require less formal training and/or experience normally required for professional or technical status. Such positions may fall within an identified pattern of staff development and promotion under a "New Careers" concept. Includes: library assistants, research assistants, medical aides, child support workers, policy auxiliary, welfare service aides, and kindred workers.
Skilled Trades (EEO6): Occupations in which workers perform jobs which require special manual skill and a thorough and comprehensive knowledge of the processes involved in the work which is required through on-the-job training and experience or through apprenticeship or other formal training programs. Includes: mechanics or repairmen, electrician, heavy equipment operators, stationary engines, skilled machining occupations, carpenters, compositors and typesetters and kindred workers.
Service/Maintenance (EEO7): Occupations in which workers perform duties which result in or contribute to the comfort, convenience, hygiene or safety of the general public or which contribute to the upkeep and care of buildings, facilities or grounds of public property. Workers in this group may operate machinery. Includes: chauffeurs, laundry and dry cleaning operatives, truck drivers, bus drivers, garage laborers, custodial personnel, gardeners and groundskeepers, refuse collectors, construction laborers.
Affirmative Action Report -5- July 1, 2018 – September 30, 2018
AFFIRMATIVE ACTION REPORT AS OF QTR 3 2018
FEMALES RACIAL / ETHNIC GROUPS CATEGORY TOTAL Black Hispanic Am. Indian Hawaiian Asian Minorities No. % No. % No. % No. % No. % No. % No. % Exec, Admin, Mgr
Current 107 55 51.40 37 34.58 10 9.35 1 0.93 0 0.00 4 3.74 52 48.60 District Labor Force 47,607 21,945 46.10 5,843 12.27 3,568 7.49 124 0.26 0 0.00 1,593 3.35 11,878 24.95 % Difference ( + or -) 6.33 22.68 2.22 0.67 0 0.00 0.53 23.65 Underutilization No No No No No No
Faculty
Current 508 262 51.57 90 17.72 35 6.89 6 1.18 0 0.00 23 4.53 154 30.31 District Labor Force 5,744 2,646 46.07 181 3.15 257 4.47 0 0.00 0 0.00 625 10.88 1,129 19.655 % Difference ( + or -) 6.66 14.83 2.40 1.18 0.00 -6.23 11.05 Underutilization No No No No Yes No
Prof, Non Instructional
Current 158 94 59.49 34 21.52 12 7.59 1 0.63 0 0.00 16 10.13 63 39.87 District Labor Force 17,475 9,954 56.96 1,801 10.31 1,105 6.32 34 0.19 0 0.00 390 2.23 3,549 20.309 % Difference ( + or -) 2.53 11.21 1.27 0.44 0.00 7.89 18.82 Underutilization No No No No No No
Secretarial, Clerical
Current 173 162 93.64 65 37.57 20 11.56 2 1.16 1 0.58 4 2.31 92 53.18 District Labor Force 31,742 27,808 87.61 4,690 14.78 2,927 9.22 21 0.07 0 0.00 847 2.67 8,882 27.982 % Difference ( + or -) 6.04 22.80 1.34 1.09 0.58 -0.36 22.58 Underutilization No No No No No Yes No RACIAL / ETHNIC GROUPS FEMALES CATEGORY TOTAL Black Hispanic Am. Indian Hawaiian Asian Minorities No. % No. % No. % No. % No. % No. % No. % Service, Maintenance
Current 109 47 43.12 60 55.05 5 4.59 1 0.92 0 0.00 0 0.00 66 60.55 District Labor Force 47,467 25,079 52.83 12,035 25.35 7,998 16.85 128 0.27 0 0.00 1,307 2.75 22,322 47.03 % Difference ( + or -) -10.10 29.69 -12.26 0.65 0.00 -2.75 13.52 Underutilization Yes No Yes No Yes No
Skilled Craft
Current 10 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 District Labor Force 10,310 3,532 34.26 2,314 22.44 3,368 32.67 0 0.00 0 0.00 436 4.23 6,231 60.436 % Difference ( + or -) -34.26 -22.44 -32.67 0.00 0.00 -4.23 -60.44 Underutilization Yes Yes Yes Yes Yes
Technical
Current 140 76 54.29 23 16.43 12 8.57 2 1.43 0 0.00 9 6.43 46 32.86 District Labor Force 9,492 3,240 34.13 1,054 11.10 253 2.67 0 0.00 0 0.00 698 7.35 2,010 21.18 % Difference ( + or -) 20.15 5.32 5.91 1.43 0.00 -0.92 11.68 Underutilization No No No No No Yes No
District Totals Current 1205 696 57.76 309 25.64 94 7.80 13 1.08 1 0.08 56 4.65 473 39.25 District Labor Force 497,707 249,174 50.06 90,447 18.17 58,317 11.72 1,864 0.37 16 0.00 17,932 3.60 176,741 35.511 % Difference ( + or -) 7.70 7.47 -3.92 0.71 0.08 1.05 3.74 Underutilization No No Yes No No No No
Attachment 5-a
$1,500,000.00 Milwaukee Area Technical College District, Wisconsin General Obligation Promissory Notes, Series 2018-19F
RESOLUTION AUTHORIZING THE SALE OF $1,500,000.00 GENERAL OBLIGATION PROMISSORY NOTES, SERIES 2018-19F (F0070-11-18)
WHEREAS, pursuant to Section 67.12(12) of the Wisconsin Statutes, as amended (the “Act”), the Milwaukee Area Technical College District, Wisconsin (the “District”), is authorized to issue notes of the District in the aggregate amount of $1,500,000.00 for the public purpose of financing building remodeling and improvement projects, consisting of projects included in the District's 2018-2019 building remodeling and improvement program (the public purpose projects described above are hereafter referred to as the “Public Purposes”); and
WHEREAS, on October 16, 2018, the District authorized the issuance of $1,500,000.00 General Obligation Promissory Notes, Series 2018-19F (the “Notes”) for the Public Purposes; and
WHEREAS, the District has prepared and distributed a Preliminary Official Statement, dated November 21, 2018 (the “Preliminary Official Statement”), describing the Notes and the security therefor; and
WHEREAS, the District has examined proposed documentation for the Notes (collectively, the “Note Documents”), as follows:
(a) an Official Notice of Sale issued by the District and a Parity Bid Form (the “Note Purchase Agreement”) to be entered into between the District and the Underwriter, providing for the sale of the Notes; and
(b) the Preliminary Official Statement.
WHEREAS, it is now expedient and necessary for the District to issue its general obligation promissory notes in the amount of $1,500,000.00 for the Public Purposes;
NOW, THEREFORE, the District hereby resolves as follows:
Section 1. Definitions. The following terms shall have the following meanings in this Resolution unless the text expressly or by implication requires otherwise:
“Act” shall mean Section 67.12(12) of the Wisconsin Statutes;
“Code” shall mean the Internal Revenue Code of 1986, as amended;
“Continuing Disclosure Agreement” shall mean the Continuing Disclosure Agreement, executed and delivered by the Issuer, dated December 13, 2018 (the “Continuing Disclosure Agreement”), delivered by the District for the purpose of complying with the requirements of Rule 15c2-12 promulgated by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as amended;
“Dated Date” shall mean December 13, 2018;
“Debt Service Fund” shall mean the Debt Service Fund of the District, which shall be the “special redemption fund” as such term is defined in the Act;
“District” shall mean the Milwaukee Area Technical College District, Wisconsin;
“Fiscal Agent” shall mean the Treasurer of the District;
“Governing Body” shall mean the Board of the District, or such other body as may hereafter be the chief legislative body of the District;
“Initial Resolution” shall mean the “Resolution Authorizing the Issuance of $1,500,000.00 General Obligation Promissory Notes, Series 2018-19F of Milwaukee Area Technical College District, Wisconsin”, adopted by the Governing Body on October 16, 2018;
“Note Registrar” means the Secretary of the District;
“Notes” shall mean the $1,500,000.00 General Obligation Promissory Notes, Series 2018-19F, of the District;
“Public Purposes” shall mean the public purpose of financing $1,500,000.00 of building remodeling and improvement projects, consisting of projects included in the District's 2018-2019 building remodeling and improvement program;
“Purchase Price” shall mean $1,545,000.00 ($1,500,000.00 par amount of Notes, plus premium of $51,385.00, less underwriter's discount of $6,385.00);
“Record Date” shall mean the close of business on the fifteenth day of the calendar month next preceding any principal or interest payment date;
“Securities Depository” means The Depository Trust Company, New York, New York, or its nominee; and
“Underwriter” means Raymond James & Associates, Inc.
Section 2. Authorization of the Notes. For the purpose of financing the Public Purposes, there shall be borrowed on the full faith and credit of the District the sum of
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$1,500,000.00; and fully registered general obligation promissory notes of the District are authorized to be issued in evidence thereof.
Section 3. Sale of the Notes. To evidence such indebtedness, (i) the Chairperson or the Vice Chairperson and (ii) the Secretary of the District are hereby authorized, empowered and directed to make, execute, issue and sell to the Underwriter for, on behalf of and in the name of the District, general obligation promissory notes in the aggregate principal amount of One Million Five Hundred Thousand Dollars ($1,500,000.00) for the Purchase Price, plus accrued interest to the date of delivery.
Section 4. Terms of the Notes. The Notes shall be designated “General Obligation Promissory Notes, Series 2018-19F”; shall be dated the Dated Date; shall be numbered one and upward; shall bear interest as shown on the Maturity Schedule below; shall be issued in denominations of $5,000 or any integral multiple thereof; and shall mature on the dates and in the amounts as set forth below. Interest on the Notes shall accrue from the Interest Accrual Date and shall be payable semi-annually on June 1 and December 1 of each year, commencing on June 1, 2019.
MATURITY SCHEDULE
Maturity Principal Interest Date Amount Rate
June 1, 2020 $350,000 2.50% June 1, 2021 $500,000 3.00% June 1, 2022 $500,000 4.00% June 1, 2023 $150,000 4.00%
The Notes of this issue shall not be subject to call and payment prior to maturity.
Section 5. Form, Execution, Registration and Payment of the Notes. The Notes shall be issued as registered obligations in substantially the form attached hereto as Exhibit A and incorporated herein by this reference.
The Notes shall be executed in the name of the District by the manual signatures of (i) the Chairperson or the Vice Chairperson and (ii) the Secretary, and may be sealed with its official or corporate seal, if any.
The principal of, premium, if any, and interest on the Notes shall be paid by the Fiscal Agent.
Both the principal of and interest on the Notes shall be payable in lawful money of the United States of America by the Fiscal Agent. Payment of principal of the final maturity on the Notes will be payable upon presentation and surrender of the Notes to the Fiscal Agent. Payment of principal on the Notes (except the final maturity) and each installment of interest shall be made to the registered owner of each Note who shall appear on the registration books of the District, maintained by the Note Registrar, on the Record Date and
shall be paid by check or draft of the Fiscal Agent and mailed to such registered owner at the address appearing on such registration books or at such other address may be furnished in writing to such registered owner to the Note Registrar.
Section 6. Note Proceeds. The sale proceeds of the Notes (exclusive of accrued interest, printing distribution and filing fees, and any premium received) shall, forthwith upon receipt, be placed in and kept by the District Treasurer as a separate fund to be known as the Promissory Notes, Series 2018-19F, Borrowed Money Fund (hereinafter referred to as the “Borrowed Money Fund”). Moneys in the Borrowed Money Fund shall be used solely for the purposes for which borrowed or for transfer to the Debt Service Fund as provided by law.
Section 7. Tax Levy. In order to provide for the collection of a direct annual tax sufficient in amount to pay and for the express purpose of paying the interest on the Notes as it falls due and also to pay and discharge the principal thereof at maturity, there is hereby levied upon all of the taxable property in the District, in addition to all other taxes, a nonrepealable, direct, annual tax in an amount sufficient for that purpose. This tax shall be from year to year carried into the tax roll of the District and collected in addition to all other taxes and in the same manner and at the same time. Said tax is to be for the following years and in the following minimum amounts:
Year of Levy Amount of Tax 2018 $48,091.67 2019 $395,375.00 2020 $533,500.00 2021 $516,000.00 2022 $153,000.00
The District shall be and continue without power to repeal such levy or obstruct the collection of said tax until all such payments have been made or provided for. After the issuance of the Notes, said tax shall be carried into the tax rolls of the District and collected as other taxes are collected, provided that the amount of tax carried into said tax rolls with respect to the Notes may be reduced by the amount of any surplus money in the Debt Service Fund created pursuant to Section 8 below.
If there shall be insufficient funds from the tax levy to pay the principal of or interest on the Notes when due, the said principal or interest shall be paid from other funds of the District on hand, said amounts to be returned when said taxes have been collected.
There be and there hereby is appropriated from taxes levied by the District in anticipation of the issuance of the Notes and other funds of the District on hand a sum sufficient to be deposited in the Debt Service Fund to meet payments with respect to debt service due for the year 2019.
Section 8. Debt Service Fund. Within the debt service fund previously established within the treasury of the District, there be and there hereby is established a separate and
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distinct fund designated as the “Debt Service Fund for $1,500,000.00 General Obligation Promissory Notes, Series 2018-19F, dated December 13, 2018” (the “Debt Service Fund”), and such fund shall be maintained until the indebtedness evidenced by the Notes is fully paid or otherwise extinguished. The District Treasurer shall deposit in such Debt Service Fund (i) all accrued interest received by the District at the time of delivery of and payment for the Notes; (ii) the taxes herein levied for the specific purpose of meeting principal of and interest on the Notes when due; (iii) such other sums as may be necessary at any time to pay principal of and interest on the Notes when due; (iv) any premium which may be received by the District above the par value of the Notes and accrued interest thereon; (v) surplus moneys in the Borrowed Money Fund for the Notes; and (vi) such further deposits as may be required by Section 67.11 of the Wisconsin Statutes.
No money shall be withdrawn from the Debt Service Fund and appropriated for any purpose other than the payment of principal of and interest on the Notes until all such principal and interest has been paid in full and canceled; provided (i) the funds to provide for each payment of principal of and interest on the Notes prior to the scheduled receipt of taxes from the next succeeding tax collection may be invested in direct obligations of the United States of America maturing in time to make such payments when they are due or in other investments permitted by law; and (ii) any funds over and above the amount of such principal and interest payments on the Notes may be used to reduce the next succeeding tax levy, or may, at the option of the District, be invested by purchasing the Notes as permitted by and subject to Section 67.11(2)(a) of the Wisconsin Statutes in interest- bearing obligations of the United States of America, in other obligations of the District or in other investments permitted by law, which investments shall continue as a part of the Debt Service Fund.
When all of the Notes have been paid in full and canceled, and all permitted investments disposed of, any money remaining in the Debt Service Fund shall be deposited in the general fund of the District, unless the District Board directs otherwise.
Section 9. Deposits and Investments. The Debt Service Fund shall be kept apart from moneys in the other funds and accounts of the District and the same shall be used for no purpose other than the prompt payment of principal of and interest on the Notes as the same becomes due and payable. All moneys therein shall be deposited in special and segregated accounts in a public depository selected under Chapter 34 of the Wisconsin Statutes and may be temporarily invested until needed in legal investments subject to the provisions of Sections 66.0603(1m) and 67.10(3) of the Wisconsin Statutes. All income derived from such investments shall be regarded as revenues of the District. No such investment shall be in such a manner as would cause the Notes to be “arbitrage bonds” within the meaning of Section 148 of the Code or the Regulations of the Commissioner of Internal Revenue thereunder.
The District Treasurer shall, on the basis of the facts, estimates and circumstances in existence on the date of closing, make such certifications as are necessary to permit the conclusion that the Notes are not “arbitrage bonds” under Section 148 of the Code or the Regulations of the Commissioner of Internal Revenue thereunder.
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Section 10. Sale of Notes. The terms, conditions and provisions of the Notes and the Note Documents are, in all respects, authorized and approved. The form of the Note Purchase Agreement is hereby approved. The Notes shall be sold and delivered in the manner, at the Purchase Price, plus interest accrued from the Interest Accrual Date to the closing date, pursuant to the terms and conditions set forth in the Note Purchase Agreement.
The preparation of the Preliminary Official Statement and the Final Official Statement, and their use as contemplated in the Note Purchase Agreement, are hereby approved. The Preliminary Official Statement is “deemed final” as of its date, except for omissions or subsequent modifications permitted under Rule 15c2-12 of the Securities and Exchange Commission. The Chairperson, the Vice Chairperson and Secretary of the District are authorized and directed to do any and all acts necessary to conclude delivery of the Notes to the Underwriter, as soon after adoption of this Resolution as is convenient.
Section 11. Book-Entry Only Notes. The Notes shall be transferable as follows:
(a) Each maturity of Notes will be issued as a single Note in the name of the Securities Depository, or its nominee, which will act as depository for the Notes. During the term of the Notes, ownership and subsequent transfers of ownership will be reflected by book entry on the records of the Securities Depository and those financial institutions for whom the Securities Depository effects book entry transfers (collectively, the “Participants”). No person for whom a Participant has an interest in Notes (a “Beneficial Owner”) shall receive bond certificates representing their respective interest in the Notes except in the event that the Securities Depository or the District shall determine, at its option, to terminate the book-entry system described in this Section. Payment of principal of, and interest on, the Notes will be made by the Fiscal Agent to the Securities Depository which will in turn remit such payment of principal and interest to its Participants which will in turn remit such principal and interest to the Beneficial Owners of the Notes until and unless the Securities Depository or the District elect to terminate the book entry system, whereupon the District shall deliver bond certificates to the Beneficial Owners of the Notes or their nominees. Note certificates issued under this Section may not be transferred or exchanged except as provided in this Section.
(b) Upon the reduction of the principal amount of any maturity of Notes, the Registered Noteowner may make a notation of such redemption on the panel of the Note, stating the amount so redeemed, or may return the Note to the District for exchange for a new Note in a proper principal amount. Such notation, if made by the Noteowner, may be made for reference only, and may not be relied upon by any other person as being in any way determinative of the principal amount of such Note Outstanding, unless the Note Registrar initialed the notation on the panel.
(c) Immediately upon delivery of the Notes to the purchasers thereof on the delivery date, such purchasers shall deposit the bond certificates representing all of the Notes with the Securities Depository. The Securities Depository, or its nominee, will be the
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sole Noteowner of the Notes, and no investor or other party purchasing, selling or otherwise transferring ownership of any Notes will receive, hold or deliver any bond certificates as long as the Securities Depository holds the Notes immobilized from circulation.
(d) The Notes may not be transferred or exchanged except:
(1) To any successor of the Securities Depository (or its nominee) or any substitute depository (“Substitute Depository”) designated pursuant to (ii) below, provided that any successor of the Securities Depository or any Substitute Depository must be a qualified and registered “clearing agency” as provided in Section 17L of the Securities Exchange Act of 1934, as amended;
(2) To a Substitute Depository designated by or acceptable to the District upon (a) the determination by the Securities Depository that the Notes shall no longer be eligible for depository services or (b) a determination by the District that the Securities Depository is no longer able to carry out its functions, provided that any such Substitute Depository must be qualified to act as such, as provided in subparagraph (1) above; or
(3) To those persons to whom transfer is requested in written transfer instructions in the event that:
(i) The Securities Depository shall resign or discontinue its services for the Notes and, only if the District is unable to locate a qualified successor within two months following the resignation or determination of noneligibility, or
(ii) Upon a determination by the District that the continuation of the book entry system described herein, which precludes the issuance of certificates to any Noteowner other than the Securities Depository (or its nominee) is no longer in the best interest of the Beneficial Owners of the Notes.
(e) The Depository Trust Company, New York, New York, is hereby appointed the Securities Depository for the Notes.
Section 12. Undertaking to Provide Continuing Disclosure. The (i) Chairperson or the Vice Chairperson and (ii) Secretary of the District are hereby authorized and directed to execute on behalf of the District, the Continuing Disclosure Agreement in connection with the Notes for the purpose of complying with the requirements of Rule 15c2-12 promulgated by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as amended.
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Section 13. Compliance with Federal Tax Laws.
(a) The District represents and covenants that the project financed by the Notes and their ownership, management and use will not cause the Notes to be “private activity bonds” within the meaning of Section 141 of the Code, and the District shall comply with the provisions of the Code to the extent necessary to maintain the tax-exempt status of the interest on the Notes.
(b) The District also covenants to use its best efforts to meet the requirements and restrictions of any different or additional federal legislation which may be made applicable to the Notes, provided that in meeting such requirements the District will do so only to the extent consistent with the proceedings authorizing the Notes and the laws of Wisconsin, and to the extent there is a reasonable period of time in which to comply.
Section 14. Rebate Fund. If necessary, the District shall establish and maintain, so long as the Notes are outstanding, a separate account to be known as the “Rebate Fund” for the purpose of complying with the rebate requirements of Section 148(f) of the Code. The Rebate Fund is for the sole purpose of paying rebate to the United States of America, if any, on amounts of bond proceeds held by the District. The District hereby covenants and agrees that it shall pay from the Rebate Fund the rebate amounts as determined herein to the United States of America.
The District may engage the services of accountants, attorneys, or other consultants necessary to assist it in determining rebate amounts. Amounts held in the Rebate Fund and the investment income therefrom are not pledged as security for the Notes and may only be used to pay amounts to the United States. The District shall maintain or cause to be maintained records of such determinations until six (6) years after payment in full of the Notes and shall make such records available upon reasonable request therefor.
Section 15. Defeasance. When all Notes have been discharged, all pledges, covenants and other rights granted to the owners thereof by this Resolution shall cease. The District may discharge all Notes due on any date by irrevocably depositing in escrow with a suitable bank or trust company a sum of cash and/or bonds or securities issued or guaranteed as to principal and interest of the U.S. Government, or of a commission, board or other instrumentality of the U.S. Government (“Government Obligations”), or of securities wholly and irrevocably secured as to principal and interest by Government Obligations and rated in the highest rating category of a nationally recognized rating service, maturing on the dates and bearing interest at the rates required to provide funds sufficient to pay when due the interest to accrue on each of said Note to its maturity or, at the District's option, if said Note is prepayable to any prior date upon which it may be called for redemption, and to pay and redeem the principal amount of each such Note at maturity, or at the District's option, if said Note is prepayable, at its earliest redemption date, with the premium required for such redemption, if any, provided that notice of the redemption of all prepayable Notes on such date has been duly given or provided for.
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Section 16. Resolution a Contract. The provisions of this Resolution shall constitute a contract between the District and the owner or owners of the Notes, and after issuance of any of the Notes no change or alteration of any kind in the provisions of this Resolution may be made, except as provided in Section 18, until all of the Notes have been paid in full as to both principal and interest. The owner or owners of any of the Notes shall have the right in addition to all other rights, by mandamus or other suit or action in any court of competent jurisdiction, to enforce such owner's or owners' rights against the District, the Governing Body thereof, and any and all officers and agents thereof including, but without limitation, the right to require the District, its Governing Body and any other authorized body, to fix and collect rates and charges fully adequate to carry out all of the provisions and agreements contained in this Resolution.
Section 17. General Authorizations. The Chairperson, the Vice Chairperson and the Secretary of the District and the appropriate deputies and officials of the District in accordance with their assigned responsibilities are hereby each authorized to execute, deliver, publish, file and record such other documents, instruments, notices and records and to take such other actions as shall be necessary or desirable to accomplish the purposes of this Resolution and to comply with and perform the obligations of the District under the Notes. The execution or written approval of any document by the Chairperson, the Vice Chairperson or Secretary of the District herein authorized shall be conclusive evidence of the approval by the District of such document in accordance with the terms hereof.
In the event that said officers shall be unable by reason of death, disability, absence or vacancy of office to perform in timely fashion any of the duties specified herein (such as the execution of Notes), such duties shall be performed by the officer or official succeeding to such duties in accordance with law and the rules of the District.
Any actions taken by the Chairperson, the Vice Chairperson and Secretary consistent with this Resolution are hereby ratified and confirmed.
Section 18. Amendment to Resolution. After the issuance of any of the Notes, no change or alteration of any kind in the provisions of this Resolution may be made until all of the Notes have been paid in full as to both principal and interest, or discharged as herein provided, except: (a) the District may, from to time, amend this Resolution without the consent of any of the owners of the Notes, but only to cure any ambiguity, administrative conflict, formal defect, or omission or procedural inconsistency of this Resolution; and (b) this Resolution may be amended, in any respect, with a written consent of the owners of not less than two-thirds (2/3) of the principal amount of the Notes then outstanding; provided, however, that no amendment shall permit any change in the pledge of tax revenues of the District or the maturity of any Note issued hereunder, or a reduction in the rate of interest on any Note, or in the amount of the principal obligation thereof, or in the amount of the redemption premium payable in the case of redemption thereof, or change the terms upon which the Notes may be redeemed or make any other modification in the terms of the payment of such principal or interest without the written consent of the owner of each such Note to which the change is applicable.
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Section 19. Illegal or Invalid Provisions. In case any one or more of the provisions of this Resolution or any of the Notes shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this Resolution or of the Notes.
Section 20. Conflicting Resolutions. All ordinances, resolutions, or orders, or parts thereof heretofore enacted, adopted or entered, in conflict with the provisions of this Resolution, are hereby repealed and this Resolution shall be in effect from and after its passage.
[SIGNATURE PAGE TO FOLLOW]
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Adopted: November 27, 2018.
David A. Dull Chairperson of the District
Attest:
Mary Scheibel Secretary of the District
Recorded on November 27, 2018.
Mary Scheibel Secretary of the District
[Signature Page of Sale Resolution] $1,500,000.00 Milwaukee Area Technical College District, Wisconsin General Obligation Promissory Notes, Series 2018-19F
EXHIBIT A
UNITED STATES OF AMERICA STATE OF WISCONSIN MILWAUKEE AREA TECHNICAL COLLEGE DISTRICT GENERAL OBLIGATION PROMISSORY NOTE, SERIES 2018-19F
Number Interest Maturity Date Dated Date Principal CUSIP Rate Amount
R-______% June 1, 20______$_____ 602369___
FOR VALUE RECEIVED, Milwaukee Area Technical College District, Wisconsin, promises to pay to CEDE & CO., or registered assigns, the principal sum of ______($______) on the maturity date specified above, together with interest thereon from ______or the most recent payment date to which interest has been paid, unless the date of registration of this Note is after the 15th day of the calendar month immediately preceding an interest payment date, in which case interest will be paid from such interest payment date, at the rate per annum specified above, such interest being payable on June 1 and December 1 of each year, with the first interest on this issue being payable on ______.
The Notes of this issue shall not be subject to call and payment prior to maturity.
Both principal hereof and interest hereon are hereby made payable to the registered owner in lawful money of the United States of America, and for the prompt payment of this Note with interest thereon as aforesaid, and the levying and collection of taxes sufficient for that purpose, the full faith, credit and resources of the District are hereby irrevocably pledged. The principal of this Note shall be payable only upon presentation and surrender of this Note to the District Treasurer at the principal office of the District. Interest hereon shall be payable by check or draft dated as of the applicable interest payment date and mailed from the office of the District Treasurer to the person in whose name this Note is registered at the close of business on the fifteenth day of the calendar month next preceding each interest payment date.
This Note is transferable only upon the books of the District kept for that purpose by the District Secretary at the principal office of the District, by the registered owner in person or his duly authorized attorney, upon surrender of this Note together with a written instrument of transfer (which may be endorsed hereon) satisfactory to the District Secretary duly executed by the registered owner or his duly authorized attorney. Thereupon a new Note or Notes of the same aggregate principal amount, series and maturity shall be issued
A-1
to the transferee in exchange therefor. The District may deem and treat the person in whose name this Note is registered as the absolute owner hereof for the purpose of receiving payment of or on account of the principal or interest hereof and for all other purposes. The Notes are issuable solely as negotiable, fully registered Notes without coupons in authorized denominations of $5,000 or any whole multiple thereof.
This Note is one of an issue aggregating $1,500,000.00 issued pursuant to the provisions of Section 67.12(12) of the Wisconsin Statutes, for the public purpose of financing $1,500,000.00 building remodeling and improvement projects, consisting of projects included in the District's 2018-2019 building remodeling and improvement program (the public purpose projects described above are hereafter referred to as the “Public Purposes”) and is authorized by a resolution of the District Board of the District, duly adopted by said District Board at its meeting duly convened on ______, which resolution is recorded in the official book of its minutes for said date.
It is hereby certified and recited that all conditions, things and acts required by law to exist or to be done prior to and in connection with the issuance of this Note have been done, have existed and have been performed in due form and time; that the aggregate indebtedness of the District, including this Note and others authorized simultaneously herewith, does not exceed any limitations imposed by law or the Constitution of the State of Wisconsin; and that the District has levied a direct, annual irrepealable tax sufficient to pay this Note, together with interest thereon when and as payable.
No delay or omission on the part of the owner hereof to exercise any right hereunder shall impair such right or be considered as a waiver thereof or as a waiver of or acquiescence in any default hereunder.
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IN WITNESS WHEREOF, the District Board of Milwaukee Area Technical College District, Wisconsin, has caused this Note to be signed on behalf of said District by its duly qualified and acting Chairperson and Secretary, and its corporate seal to be impressed hereon, all as of the date of original issue specified above.
MILWAUKEE AREA TECHNICAL COLLEGE DISTRICT, WISCONSIN
By: ______Chairperson of the District
Attest: ______Secretary of the District
A-3
(Form of Assignment)
FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto
(Please print or typewrite name and address, including zip code, of Assignee)
(Please print or typewrite Social Security or other identifying number of Assignee) the within Note and all rights thereunder, hereby irrevocably constituting and appointing
(Please print or type name of Attorney)
Attorney to transfer said Note on the books kept for the registration thereof with full power of substitution in the premises.
Dated:
NOTICE: The signature to this assignment must correspond with the name as it appears upon the face of the within Note in every particular without alteration or enlargement or any change whatever.
Signature(s) guaranteed by:
A-4 Milwaukee Area Technical College District John A. Mehan, Managing Director Final Pricing Summary [email protected] November 27, 2018 777 East Wisconsin Avenue Milwaukee, WI 53202 Phone 414.765.3827 rwbaird.com/publicfinance Milwaukee Area Technical College District
Results of Competitive Bids $1,500,000 General Obligation Promissory Notes, Series 2018-19F Bids Received by 9:30 AM (CT) Tuesday, November 27, 2018
True Interest Rank Bidder Cost 1 Raymond James & Associates, Inc. 2.3808% 2 Hutchinson, Shockey, Erley & Co. 2.3856% 3 Fidelity Capital Markets 2.3887% 4 Bernardi Securities, Inc. 2.3938%
Page 2 Milwaukee Area Technical College District
Issue Summary
Description: General Obligation Promissory Notes, Series 2018-19F
Amount: $1,500,000
Dated & Settlement Date: December 13, 2018
Maturities: June 1, 2020 - 2023
First Interest Payment: June 1, 2019
First Call Date: Noncallable
Moody's Rating: Aa1
True Interest Cost: 2.3808%
Winning Bidder/Purchaser: Raymond James & Associates, Inc.
Page 3 Milwaukee Area Technical College District 2018-19 Financing Plan -- Calendar Year Basis
EQUIPMENT & REMODELING BORROWINGS Actual 2019 Levy: FINAL FINAL FINAL FINAL FINAL FINAL POS PRELIMINARY PRELIMINARY PRELIMINARY PRELIMINARY PRELIMINARY $43,500,000 $1,500,000 $1,500,000 $22,500,000 $1,500,000 $1,500,000 $1,500,000 $1,500,000 $1,500,000 $1,500,000 $1,500,000 $1,500,000 $1,500,000 SERIES SERIES SERIES SERIES SERIES SERIES SERIES SERIES SERIES SERIES SERIES SERIES 2018-19A 2018-19B 2018-19C 2018-19D 2018-19E 2018-19F 2018-19G 2018-19H 2018-19I 2018-19J 2018-19K 2018-19L TOTAL EXISTING Dated 7/10/18 Dated 8/6/18 Dated 9/12/18 Dated 10/15/18 Dated 11/15/18 Dated 12/13/18 Dated 1/10/19 Dated 2/14/19 Dated 3/14/19 Dated 4/17/19 Dated 5/15/19 Dated 6/13/19 FUTURE COMBINED DEBT CALENDAR DEBT Noncallable Noncallable Noncallable Noncallable Noncallable Noncallable Noncallable Noncallable Noncallable Noncallable Noncallable Noncallable DEBT DEBT MILL YEAR PAYMENTS PAYMENTS PAYMENTS RATE incl. 2012 OPEB Average: Average: Average: Average: Average: Average: Average: Average: Average: Average: Average: Average: (a) (b) 3.00% 3.02% 3.97% 3.43% 3.57% 3.52% 4.00% 4.00% 4.00% 4.00% 4.00% 4.00%
2018 $36,677,502 $17,625 $13,736 $6,773,039 $0 $43,481,902 $0.59688 2019 $32,397,981 $45,000 $43,000 $3,512,700 $57,799 $50,133 $48,092 $53,500 $47,833 $42,833 $37,333 $32,667 $28,000 $6,762,667 $43,159,538 $0.57481 2020 $24,293,444 $389,750 $389,500 $3,512,900 $395,563 $394,500 $395,375 $403,000 $403,000 $403,000 $403,000 $403,000 $403,000 $10,728,767 $42,917,798 $0.56712 2021 $14,889,931 $527,000 $528,500 $3,508,300 $531,125 $536,000 $533,500 $536,000 $536,000 $536,000 $536,000 $536,000 $536,000 $18,646,767 $42,917,123 $0.56711 2022 $5,862,613 $512,000 $513,500 $3,508,700 $513,625 $518,500 $516,000 $516,000 $516,000 $516,000 $516,000 $516,000 $516,000 $28,024,567 $43,065,504 $0.56907 2023 $695,963 $152,250 $153,000 $3,508,800 $152,438 $153,000 $153,000 $153,000 $153,000 $153,000 $153,000 $153,000 $153,000 $37,507,567 $43,394,017 $0.57341 2024 $702,313 $42,633,067 $43,335,379 $0.57264 2025 $712,260 $42,633,067 $43,345,327 $0.57277 2026 $720,665 $42,633,067 $43,353,732 $0.57288 2027 $727,453 $42,633,067 $43,360,519 $0.57297 2028 $737,464 $42,633,067 $43,370,530 $0.57310 2029 $740,620 $42,633,067 $43,373,687 $0.57315 2030 $747,005 $42,633,067 $43,380,072 $0.57323 2031 $756,538 $42,633,067 $43,389,604 $0.57336 2032 $759,155 $42,633,067 $43,392,222 $0.57339
$121,420,905 $1,643,625 $1,641,236 $24,324,439 $1,650,549 $1,652,133 $1,645,967 $1,661,500 $1,655,833 $1,650,833 $1,645,333 $1,640,667 $1,636,000 $485,367,933 $649,236,953
(a) Future borrowing assumptions:
Equipment Borrowing of $21,000,000 per year.
Remodeling Borrowings of $18,000,000 per year.
(b) Mill rate based on 2017 & 2018 Equalized Valuations (TID OUT) of $72,879,221,796 & $75,676,549,719, respectively, with no annual growth thereafter.
Note: This information is provided for information purposes only. It does not recommend any future issuances and is not intended to be, and should not be regarded as, advice.
Page 4 Rating Action: Moody's assigns Aa1 to Milwaukee Area Technical College District, WI's GO notes; outlook stable
20 Nov 2018 New York, November 20, 2018 -- Moody's Investors Service assigns a Aa1 rating to Milwaukee Area Technical College District (MATC), WI's $1.5 million General Obligation Promissory Notes, Series 2018-19F. We maintain the Aa1 rating on the district's outstanding general obligation unlimited tax (GOULT) debt. Following the sale, the district will have $144.5 million of outstanding GOULT debt, all rated by Moody's. The outlook is stable. RATINGS RATIONALE The Aa1 rating reflects the district's strong financial position bolstered by recent operating surpluses and a one-time cash infusion that will fund several core district priorities. The rating also incorporates the district's large and diverse tax base encompassing the greater City of Milwaukee (A1 stable) region, modest socioeconomic indices, limited revenue raising flexibility, modest debt burden, and moderate pension burden. RATING OUTLOOK The stable outlook reflects our expectation that the district will maintain financial operations in line with the current rating through prudent management of expenditures, which is critical given the district's limited revenue raising flexibility and trend of declining enrollment. FACTORS THAT COULD LEAD TO AN UPGRADE - Significantly improved regional employment trends and demographic profile - Enhanced budgetary flexibility that could arise from growing enrollment or relaxed statutory restrictions on raising local revenue FACTORS THAT COULD LEAD TO A DOWNGRADE - Weakened demographic profile or deterioration of the district's tax base - Narrowed financial reserves - Growth in the district's debt or pension burden - Enrollment declines that negatively impact the district's financial operations LEGAL SECURITY Debt service on the district's general obligation debt, including the current notes, is secured by its pledge to levy a designated property tax not limited by rate or amount. USE OF PROCEEDS Proceeds from the notes will finance various building remodeling and improvement projects. PROFILE Milwaukee Area Technical College is one of the largest technical college systems in Wisconsin (Aa1 stable), providing vocational education to residents of Milwaukee County (Aa2 stable), the majority of Ozaukee County (Aaa stable) and small portions of several other surrounding suburban counties. METHODOLOGY The principal methodology used in this rating was US Local Government General Obligation Debt published in December 2016. Please see the Rating Methodologies page on www.moodys.com for a copy of this
Page 5 methodology. REGULATORY DISCLOSURES For ratings issued on a program, series or category/class of debt, this announcement provides certain regulatory disclosures in relation to each rating of a subsequently issued bond or note of the same series or category/class of debt or pursuant to a program for which the ratings are derived exclusively from existing ratings in accordance with Moody's rating practices. For ratings issued on a support provider, this announcement provides certain regulatory disclosures in relation to the credit rating action on the support provider and in relation to each particular credit rating action for securities that derive their credit ratings from the support provider's credit rating. For provisional ratings, this announcement provides certain regulatory disclosures in relation to the provisional rating assigned, and in relation to a definitive rating that may be assigned subsequent to the final issuance of the debt, in each case where the transaction structure and terms have not changed prior to the assignment of the definitive rating in a manner that would have affected the rating. For further information please see the ratings tab on the issuer/entity page for the respective issuer on www.moodys.com. Regulatory disclosures contained in this press release apply to the credit rating and, if applicable, the related rating outlook or rating review. Please see www.moodys.com for any updates on changes to the lead rating analyst and to the Moody's legal entity that has issued the rating. Please see the ratings tab on the issuer/entity page on www.moodys.com for additional regulatory disclosures for each credit rating. Natalie Claes Lead Analyst Regional PFG Chicago Moody's Investors Service, Inc. 100 N Riverside Plaza Suite 2220 Chicago 60606 US JOURNALISTS: 1 212 553 0376 Client Service: 1 212 553 1653 Alexandra Parker MANAGING DIRECTOR Regional PFG Dallas JOURNALISTS: 1 212 553 0376 Client Service: 1 212 553 1653 Releasing Office: Moody's Investors Service, Inc. 250 Greenwich Street New York, NY 10007 U.S.A JOURNALISTS: 1 212 553 0376 Client Service: 1 212 553 1653
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Page 8
Attachment 5-b
RESOLUTION AUTHORIZING THE ISSUANCE OF $1,500,000.00 GENERAL OBLIGATION PROMISSORY NOTES, SERIES 2018-19G OF MILWAUKEE AREA TECHNICAL COLLEGE DISTRICT, WISCONSIN (F0071-11-18)
WHEREAS, Milwaukee Area Technical College District (the "District") is presently in need of $1,500,000.00 for the public purposes of financing building remodeling and improvement projects, consisting of projects included in the District's 2018-2019 building remodeling and improvement program that are anticipated to occur in 2018-2019; and
WHEREAS, it is in the best interest of the District that the monies needed for such purpose be borrowed through the issuance of general obligation promissory notes pursuant to Section 67.12(12), Wis. Stats.; now therefore be it
RESOLVED, that the District shall issue general obligation promissory notes in the amount of $1,500,000.00 for the public purposes of financing building remodeling and improvement projects, consisting of projects included in the District's 2018-2019 building remodeling and improvement program that are anticipated to occur in 2018-2019; and be it
FURTHER RESOLVED, that the District Secretary shall, within 10 (ten) days hereafter, cause public notice of the adoption of this resolution to be given to the electors of the District by publishing a notice thereof in the Milwaukee Journal Sentinel, a newspaper published and having general circulation in the District, which newspaper is found and determined to be likely to give notice to the electors, such notice to be in substantially the form set forth in Attachment A to this resolution.
Adopted: November 27, 2018.
David A. Dull, Chairperson Attest:
______Mary Scheibel, District Secretary
Recorded on November 27, 2018.
______Mary Scheibel, District Secretary
Attachment A
NOTICE
TO THE ELECTORS OF:
Milwaukee Area Technical College District, Wisconsin
NOTICE IS HEREBY GIVEN that the District Board of the above-named District, at a meeting duly called and held on November 27, 2018, adopted, pursuant to the provisions of Section 67.12(12) of the Wisconsin Statutes, a resolution entitled, "RESOLUTION AUTHORIZING THE ISSUANCE OF $1,500,000.00 GENERAL OBLIGATION PROMISSORY NOTES, SERIES 2018-19G, OF MILWAUKEE AREA TECHNICAL COLLEGE DISTRICT, WISCONSIN," which provides that the sum of $1,500,000.00 be borrowed through the issuance of the District's general obligation promissory notes for the public purposes of financing building remodeling and improvement projects, consisting of projects included in the District's 2018-2019 building remodeling and improvement program that are anticipated to occur in 2018-2019.
A copy of said resolution is on file in the District Office, 700 West State Street, Milwaukee, Wisconsin, and is available for public inspection weekdays, except holidays, between the hours of 8:00 A.M. and 4:00 P.M.
The District Board need not submit the resolution authorizing this borrowing to the electors for approval unless within 30 days after the publication of this Notice there is filed with the Secretary of the District Board a petition meeting the standards set forth in Sec. 67.12(12), Wis. Stats., requesting a referendum thereon at a special election.
Dated: November 27, 2018.
BY ORDER OF THE DISTRICT BOARD:
District Secretary
Attachment 5-d
MILWAUKEE AREA TECHNICAL COLLEGE DISTRICT Milwaukee, Wisconsin
REPORT ON FEDERAL AND STATE AWARDS
For the Year Ended June 30, 2018
MILWAUKEE AREA TECHNICAL COLLEGE DISTRICT
YEAR ENDED JUNE 30, 2018
CONTENTS
Page
Independent Auditors’ Report on Supplementary Schedules of 1-2 Expenditures of Federal and State Awards
Independent Auditors’ Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in 3-4 Accordance with Government Auditing Standards
Independent Auditors’ Report on Compliance with Requirements That Could Have a Direct and Material Effect on Each Major Program and on Internal Control Over Compliance in Accordance with the Uniform Guidance and 5-7 the State Single Audit Guidelines
Schedule of Expenditures of Federal Awards 8-11
Schedule of Expenditures of State Awards 12-14
Notes to Schedules of Expenditures of Federal and State 15-17 Awards
Schedule of Findings and Questioned Costs 18-19
REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS
Independent Auditors’ Report
To the Board of Directors Milwaukee Area Technical College District Milwaukee, Wisconsin
We have audited, in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the business-type activities, the discretely presented component unit and the aggregate remaining fund information of the Milwaukee Area Technical College District as of and for the year ended June 30, 2018, and the related notes to the financial statements, which collectively comprise the Milwaukee Area Technical College District’s basic financial statements and have issued our report thereon dated November 15, 2018. The financial statements of the Milwaukee Area Technical College Foundation, Inc. were not audited in accordance with Governmental Auditing Standards.
Internal Control Over Financial Reporting In planning and performing our audit of the financial statements, we considered the Milwaukee Area Technical College District’s internal control over financial reporting (internal control) to determine the audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the Milwaukee Area Technical College District’s internal control. Accordingly, we do not express an opinion on the effectiveness of the Milwaukee Area Technical College District’s internal control.
A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control such that there is a reasonable possibility that a material misstatement of the entity’s financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance.
Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified.
3
To the Board of Directors Milwaukee Area Technical College District
Compliance and Other Matters As part of obtaining reasonable assurance about whether the Milwaukee Area Technical College District’s financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards.
Purpose of this Report
The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity’s internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose.
Milwaukee, Wisconsin November 15, 2018
4
MILWAUKEE AREA TECHNICAL COLLEGE DISTRICT SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS For the Year Ended June 30, 2018
Internal Federal Grantor Pass-Through CFDA Project Project Award Federal Total Expenditures to Grantor Program Title/Program Title Number (a) Identification Identification Grant Period Amount Revenues Match Expenditures Subrecipients
Major Federal Award Programs
U.S. Department of Education Student Financial Assistance Cluster Programs Federal Supplemental Educational Opportunity Grant Program (FSEOG) 84.007 N/A 60400 7/1/17 to 6/30/18 $ 569,988 $ 729,387 $ - $ 729,387 Federal Work Study (FWS) 84.033 N/A 61000 7/1/17 to 6/30/18 518,978 544,416 - 544,416 Federal Pell Grant Program 84.063 N/A 60600 7/1/17 to 6/30/18 27,000,000 25,460,252 - 25,460,252 Federal Pell Grant Program - Admin 84.063 N/A 60547 7/1/17 to 6/30/18 38,800 - 38,800 Nursing Grants - ACG Academic Competitiveness 84.375 N/A 60450 7/1/17 to 6/30/18 - - - - -
Total 84.063 28,088,966 26,772,855 - 26,772,855 -
Federal Direct Student Loans 84.268 N/A NONE 7/1/17 to 6/30/18 24,371,619 24,371,619 - 24,371,619 Federal Direct Loan Program - Administration 84.268 N/A NONE 7/1/17 to 6/30/18 - -
Total Major Federal Award Programs 52,460,585 51,144,474 - 51,144,474 -
Nonmajor Federal Award Programs
U. S. Department of Agriculture Passed thru Wisconsin Department of Public Instruction Child Care Centers Food Rebate 10.558 7/1/17 to 6/30/18 41,964 41,964 - 41,964 -
SNAP Cluster Passed Through Rescare State Administrative Matching Grants for Supplemental 10.561 N/A 10870 7/1/17 to 9/30/17 13,564 13,564 13,564 0 Nutrition Assistance Program (FSET ) State Administrative Matching Grants for Supplemental 10.561 N/A 11500 10/1/17 to 9/30/18 22,568 22,568 - 22,568 - Nutrition Assistance Program (FSET )
Total 10.561 36,132 36,132 - 36,132 -
Total US. Department of Agriculture 78,096 78,096 - 78,096 -
See Notes to Schedule of Expenditures of Federal Awards
8 MILWAUKEE AREA TECHNICAL COLLEGE DISTRICT SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS For the Year Ended June 30, 2018
Internal Federal Grantor Pass-Through CFDA Project Project Award Federal Total Expenditures to Grantor Program Title/Program Title Number (a) Identification Identification Grant Period Amount Revenues Match Expenditures Subrecipients
Nonmajor Federal Award Programs (continued)
U.S. Department of Labor, Employment and Training Administration
YouthBuild PaCT Project 17.274 YB-26183-14-60-A-55 10720 7/1/17 to 12/10/17 $ 37,720 $ 24,082 $ - $ 24,082 -
U.S. Department of Labor, Employment and Training Administration Passed Through Chippewa Valley Technical College ACT for Healthcare 17.282 TC-26455-14-60-A-55 10670 7/1/17 to 9/30/18 $ 324,687 $ 324,687 $ - 324,687
Total 17.282 $ 324,687 $ 324,687 $ - $ 324,687 $ -
Total US. Department of Labor $ 362,407 $ 348,769 $ - $ 348,769 $ -
National Science Foundation Passed Through University of Wisconsin-Milwaukee GEOPATHS: IMPACT 47.050 183405357 11710 12/1/17 to 11/30/18 $ 2,546 $ 2,546 $ - 2,546 -
National Science Foundation BEST 47.076 DUE-0969360 19650 7/1/17 to 6/30/18 113,800 113,800 - 113,800 -
Passed Through University of Wisconsin-Madison Contextualize to Learn 47.076 DUE-1700625 11070 6/1/17 to 5/31/2018 53,986 46,465 - 46,465 -
Passed Through Peralta Community College District BEST Center 47.076 DUE-1204930 10320 7/1/17 to 6/30/18 63,000 41,819 - 41,819 -
Total 47.076 $ 230,786 $ 202,084 $ - $ 202,084 $ -
Department of Veterans Affairs Post-9/11 Veterans Educational Assistance 64.028 N/A NONE 7/1/17 to 6/30/18 $ 3,469 $ 3,469 $ - $ 3,469 $ -
U. S. Department of Energy Passed thru City of Milwaukee Better Building Challenge 81.086 DE-EE0007069 11130 7/1/17 to 7/31/18 12,811 12,811 4,876 17,686 $ -
See Notes to Schedule of Expenditures of Federal Awards
9 MILWAUKEE AREA TECHNICAL COLLEGE DISTRICT SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS For the Year Ended June 30, 2018
Internal Federal Grantor Pass-Through CFDA Project Project Award Federal Total Expenditures to Grantor Program Title/Program Title Number (a) Identification Identification Grant Period Amount Revenues Match Expenditures Subrecipients
Nonmajor Federal Award Programs (continued)
U.S. Department of Education Passed Through Wisconsin Technical College System Board Adult Education State Grant Program AEFL Comprehensive Program 84.002 09-401-146-127 14010 7/1/17 to 6/30/18 564,850 564,850 621,000 1,185,850 AEFL Bilingual Program 84.002 09-401-146-127 14011 7/1/17 to 6/30/18 191,051 191,051 191,051 Institutionalized Individuals 84.002 09-402-146-117 14020 7/1/17 to 6/30/18 58,760 58,760 19,276 78,036 Bilingual English Lit/Civic Educ 84.002 09-629-146-167 16290 7/1/17 to 6/30/18 13,099 13,099 - 13,099 -
Total 84.002 827,760 827,760 640,276 1,468,036 -
Passed Through University of Wisconsin - Milwaukee UWM/NRC-Global Healing Arts 84.015 11620 11/1/17 - 6/30/18 2,000 1,675 - 1,675 UWM/NRC-International Speakers 84.015 10930 11/1/17 - 6/30/18 2,000 1,600 1,600
Total 84.015 4,000 3,275 - 3,275 -
Vocational Education - Basic Grants to States Achieving Student Success (Special Needs) 84.048 09-418-150-237 14181 7/1/17 to 6/30/18 $ 586,798 $ 586,798 $ 407,659 $ 994,458 Achieving Student Success (Multicultural) 84.048 09-418-150-237 14182 7/1/17 to 6/30/18 15,109 15,109 103,629 118,738 Achieving Student Success (Bilingual) 84.048 09-418-150-237 14184 7/1/17 to 6/30/18 213,501 213,501 38,428 251,930 Achieving Student Success (Academic Support) 84.048 09-418-150-237 14187 7/1/17 to 6/30/18 489,033 489,033 736,284 1,225,317 Tech Prep 84.048 09-427-150-217 14270 7/1/17 to 6/30/18 59,378 59,378 59,378 Strengthening CTE Programs - Tech 84.048 09-690-150-257 16902 7/1/17 to 6/30/18 45,162 36,650 36,650 Strengthening CTE Programs - Business 84.048 09-690-150-257 16905 7/1/17 to 6/30/18 283,071 282,594 282,594 MATC NTO Project 84.048 09-882-150-267 18820 7/1/17 to 6/30/18 82,058 82,058 82,058 Veterans Student Success 84.048 09-059-150-277 10590 7/1/17 to 6/30/18 - - - - -
Total 84.048 1,774,110 1,765,122 1,286,000 3,051,122 -
Passed Through Board of Regents of the University of Wisconsin System
DETA Research Center 84.116 153405542 10830 7/1/17 to 9/30/17 98,387 2,063 - 2,063 -
Total U.S. Department of Education 2,704,257 2,598,220 1,926,276 4,524,496 -
See Notes to Schedule of Expenditures of Federal Awards
10 MILWAUKEE AREA TECHNICAL COLLEGE DISTRICT SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS For the Year Ended June 30, 2018
Internal Federal Grantor Pass-Through CFDA Project Project Award Federal Total Expenditures to Grantor Program Title/Program Title Number (a) Identification Identification Grant Period Amount Revenues Match Expenditures Subrecipients
Nonmajor Federal Award Programs (continued)
Department of Health and Human Services CCDF Cluter Passed through Wisconsin Early Childhood Association Child Care and Development Block Grant 93.575 N/A 11120 7/1/17 to 6/30/18 5,145 5,145 - 19,855 -
Department of Homeland Security Passed Through Wisconsin Technical College System Board Assistance to Firefighters 97.044 09-099-153-117 10990 7/1/17 to 6/30/18 34,784 34,784 5,217 40,001 -
Total Nonmajor Federal Award Programs 3,434,301 3,285,924 1,936,369 5,237,003 -
Total Federal Award Programs $ 55,894,886 $ 54,430,398 $ 1,936,369 $ 56,381,477 $ -
See Notes to Schedule of Expenditures of Federal Awards
11 MILWAUKEE AREA TECHNICAL COLLEGE DISTRICT
SCHEDULE OF EXPENDITURES OF STATE AWARDS For the Year Ended June 30, 2018
Internal State Grantor Pass-Through State ID Project Project Award State Total Expenditures to Grantor Program Title/Program Title Number (a) Identification Identification Grant Period Amount Revenue Match Expenditures Subrecipients
Major State Award Programs
Wisconsin Higher Educational Aids Board Wisconsin Covenant Scholars 235.108 N/A 60010 07/1/17 to 6/30/18 60,000 26,624 - 26,624 Wisconsin Covenant Foundation 235.131 N/A 60011 07/1/17 to 6/30/18 50,000 19,250 - 19,250 $ - Total 235.xxx 110,000 45,874 - 45,874 -
Wisconsin Technical College Systems Board State Aid-Outcomes Based Funding 292.105 N/A N/A 07/1/17 to 6/30/18 $ 2,909,440 $ 2,909,437 $ 2,909,437 State Aids for Technical Colleges 292.105 N/A N/A 07/1/17 to 6/30/18 $ 11,341,200 $ 11,169,430 $ - $ 11,169,430 $ - 14,250,640 14,078,867 - 14,078,867 -
Property Tax Relief Aid 292.162 N/A N/A 07/1/17 to 6/30/18 60,415,804 60,415,804 - 60,415,804
Total Major State Award Programs 74,776,444 74,540,545 - 74,540,545 -
Nonmajor State Award Programs
Wisconsin Higher Educational Aids Board Higher Education Grant 235.102 N/A 60001 07/1/17 to 6/30/18 4,000,000 4,037,331 - 4,037,331 GI Bill Remission Funding 235.105 N/A N/A 07/1/17 to 6/30/18 123,000 80,861 - 80,861 Minority Undergraduate Retention Grant 235.107 N/A 60004 07/1/17 to 6/30/18 220,000 205,000 - 205,000 Talent Incentive Program 235.114 N/A 60002 07/1/17 to 6/30/18 125,000 165,857 - 165,857 HSNL Nursing Grants 235.117 N/A 60008 07/1/17 to 6/30/18 - 2,334 - 2,334 Indian Student Assistance Grants 235.132 N/A 60003 07/1/17 to 6/30/18 10,000 550 - 550 $ -
Total 235.xxx 4,478,000 4,491,933 - 4,491,933 -
See Notes to Schedule of Expenditures of State Awards
12 MILWAUKEE AREA TECHNICAL COLLEGE DISTRICT
SCHEDULE OF EXPENDITURES OF STATE AWARDS For the Year Ended June 30, 2018
Internal State ID Project Project Award State Total Expenditures to Number (a) Identification Identification Grant Period Amount Revenue Match Expenditures Subrecipients
Nonmajor State Award Programs (continued)
Wisconsin Technical College Systems Board
Student Emergency Fund 292.104 09-111-104-118 11110 07/1/17 to 6/30/18 40,651 40,651 - 40,651 $ -
Professional Development 292.124 09-055-124-158 10550 07/1/17 to 6/30/18 95,026 87,539 43,703 131,242 Career Pathways - 360 Support 292.124 09-056-124-168 10560 07/1/17 to 6/30/18 225,000 225,000 75,000 300,000 Career Pathways 292.124 09-091-124-128 10910 07/1/17 to 6/30/18 250,000 250,000 83,333 333,333 $ 21,257 Snap--on Tools 292.124 09-106-124-177 11060 07/1/16 to 8/31/17 30,284 5,760 5,760 Harrigan Solutions 292.124 09-108-124-177 11080 07/1/16 to 8/31/17 15,928 14,003 14,003 Makers Coalition of Southeastern WI 292.124 09-109-124-177 11090 07/1/16 to 8/31/17 3,420 3,420 3,420 Career Pathways Summer Camps 292.124 09-120-124-128 11200 07/1/17 to 8/31/18 135,000 44,922 14,974 59,896 Wisconsin Grocers Retail Mgmt Certificate 292.124 09-127-124-178 11270 07/1/17 to 8/31/18 200,000 139,242 139,242 Masterlock 292.124 09-130-124-178 11300 07/1/17 to 8/31/18 67,730 19,172 19,172 Pace Industries 292.124 09-133-124-178 11330 07/1/17 to 6/30/18 4,550 3,237 3,237 Career Pathways in Nursing & Mgmt 292.124 09-140-124-178 11400 07/1/17 to 8/31/18 57,200 24,780 24,780 Visa Lighting 292.124 09-145-124-178 11450 07/1/17 to 6/30/18 16,955 11,491 11,491 Medical College of Wisconsin 292.124 09-146-124-178 11460 07/1/17 to 6/30/18 14,525 14,525 14,525 Community Re-entry 292.124 09-147-124-198 11470 07/1/17 to 6/30/18 125,000 41,756 41,756 Arborist Program Direct Instruction 292.124 09-114-124-118 11140 07/1/17 to 6/30/18 19,088 18,679 18,679 Construction Electrician 292.124 09-152-124-118 11520 07/1/17 to 6/30/18 14,700 14,279 14,279 Steamfitter/Refrigeration 292.124 09-153-124-118 11530 07/1/17 to 6/30/18 12,000 10,920 10,920 Captioning 292.124 09-158-124-198 11580 2/15/18 to 2/15/19 20,000 9,375 9,375 - Total 292.124 1,306,406 938,100 217,010 1,155,110 21,257
Wisconsin Department of Natural Resources State Aid - Computers 370.503 N/A N/A 07/1/17 to 6/30/18 5,800 4,170 - 4,170 $ -
See Notes to Schedule of Expenditures of State Awards
13 MILWAUKEE AREA TECHNICAL COLLEGE DISTRICT
SCHEDULE OF EXPENDITURES OF STATE AWARDS For the Year Ended June 30, 2018
Internal State Grantor Pass-Through State ID Project Project Award State Total Expenditures to Grantor Program Title/Program Title Number (a) Identification Identification Grant Period Amount Revenue Match Expenditures Subrecipients
Nonmajor State Award Programs (continued)
Wisconsin Department of Revenue State Aid in Lieu of Computer Taxes 835.109 N/A N/A 07/1/17 to 6/30/18 $ 1,423,400 $ 1,292,789 $ - $ 1,292,789 $ -
Total Nonmajor State Award Programs 7,254,257 6,767,643 217,010 6,984,653 21,257
Total State Award Programs $ 82,030,701 $ 81,308,188 $ 217,010 $ 81,525,198 $ 21,257
See Notes to Schedule of Expenditures of State Awards
14
MILWAUKEE AREA TECHNICAL COLLEGE DISTRICT
SUMMARY SCHEDULE OF PRIOR YEAR FINDINGS For the Year Ended June 30, 2018
(1) Scope of Review
The Milwaukee Area Technical College District Board (District) oversees the operation of the Milwaukee Area Technical College (MATC) under the provisions of Chapter 38 of the Wisconsin Statutes. The District includes Milwaukee County, most of Ozaukee County and portions of Waukesha and Washington Counties and the local municipalities located therein. Activities of the District are subject to the audit requirements contained in the scope of the Uniform Guidance and the State of Wisconsin Single Audit Guidelines.
(a) Programs Subject to Single Audit
Federal awards received by the District (either directly from the federal government or passed through the State of Wisconsin), awards received from the State of Wisconsin and awards to the District passed through other governmental entities have been included in the Schedules of Expenditures of Federal and State Awards.
The following amounts are noncash award programs included on the Schedules of Expenditures of Federal and State Awards. No monies were received or expended by the District. However, the program is included in the scope of the Single Audit within the Student Financial Assistance cluster:
Program Disbursed
Subsidized $ 14,799,764
Unsubsidized 9,571,855
Total Direct Loan Program $ 24,371,619
15
MILWAUKEE AREA TECHNICAL COLLEGE DISTRICT
SUMMARY SCHEDULE OF PRIOR YEAR FINDINGS For the Year Ended June 30, 2018
(2) Summary of Significant Accounting Policies
(a) Revenue Recognition
Consistent with the District’s 2018 basic financial statements, revenues and expenditures included in the Schedules are presented on the accrual basis of accounting. Under this basis, revenues are recognized in the accounting period in which they are earned and expenditures are recognized in the accounting period in which the liability is incurred.
(b) Cost Allocation
The District has a plan for allocation of indirect costs related to federal and state awards. The amounts allocated to awards during a fiscal year are based on the total costs of central services, the portion to be allocated to the departments and the portion that the District can reasonably expect to recover through reimbursement by federal and/or state programs.
(c) Sub-grantee
Certain program funds are passed through the District to sub-grantee organizations. The Schedules do not contain separate schedules disclosing how the sub-grantees outside of the District’s control utilized the funds. The District requires sub-grantees to submit a separate audit report disclosing the use of the program funds.
(3) Oversight Agency
Although the Department of Education has been designated as the District’s federal oversight agency for the single audit, certain responsibilities related to the single audit have been delegated by the Department of Education to the Wisconsin Technical College System Board.
16
MILWAUKEE AREA TECHNICAL COLLEGE DISTRICT
SUMMARY SCHEDULE OF PRIOR YEAR FINDINGS For the Year Ended June 30, 2018
(4) Contingency
All federal and state awards are subject to review and audit by the grantor agencies. Such audits could lead to requests for reimbursements by the grantor agencies for costs disallowed under the terms of the awards. It is the opinion of District management that all costs charged against federal and state awards are allowable under the regulations of those programs.
(5) Reconciliation of federal and state awards to the basic financial statements
Reconciliation of Federal Revenue
Federal revenue per Basic Financial Statements $ 32,405,683 Other (2,346,904) Noncash awards - Direct Loan Program 24,371,619
Total Federal Revenue per Schedule(direct and pass-through) $ 54,430,398
Reconciliation of State Revenue
State revenue per Basic Financial Statements State grants $ 5,438,697 State operating appropriation 75,923,240 Total State Revenue per Basic Financial Statements 81,361,937 Other (53,749)
Total State Revenue per Schedule(direct and pass-through) $ 81,308,188
17 MILWAUKEE AREA TECHNICAL COLLEGE DISTRICT
SCHEDULE OF FINDINGS AND QUESTIONED COSTS For the Year Ended June 30, 2018
Section I - Summary of Auditors' Results
Financial Statements Type of auditor's report issued: Unmodified Internal control over financial reporting: Material weakness(es) identified? yes X No Significant deficiencies identified? yes X No
Noncompliance material to basic financial statements noted? yes X No
Federal or State Awards Internal control over major programs: Material weakness(es) identified? yes X No Significant deficiencies identified? yes X No
Type of auditor's report issued on compliance for major programs: Unmodified
Any audit findings disclosed that are required to be reported in accordance with the Uniform Guidance or the state single audit guidelines? yes X No
Identification of major federal programs:
CFDA Number Name of Federal Program or Cluster Student Financial Assistance Cluster: 84.007 FSEOG Program 84.033 Federal Work Study program 84.063 Federal Pell Grant 84.268 Federal Direct Loan Program
84.048 Vocational Education - Basic Grants to States
17.282 ACT for Healthcare
47.076 National Science Foundation
Identification of major state programs:
Identification Number Name of State Program 235.102 Higher Education Grant
235.105 GI Bill Tuition Reimubursement
235.107 Minority Undergraduate Retention Grant
292.105 State Aids for Technical Colleges
292.124 General Purpose Revenue
835.109 State Aid in Lieu of Computer Tax
Dollar threshold used to distinguish between Federal State Type A and Type B programs: $ 750,000 $ 250,000
Auditee qualified as low-risk auditee? Federal programs X yes no State programs X yes no
18
Attachment 5-e
MILWAUKEE AREA TECHNICAL COLLEGE DISTRICT Milwaukee, Wisconsin
COMMUNICATION TO THOSE CHARGED WITH GOVERNANCE AND MANAGEMENT
As of and for the Year Ended June 30 , 2018 MILWAUKEE AREA TECHNICAL COLLEGE DISTRICT
TABLE OF CONTENTS
Page No.
Required Communication of Internal Control Related Matters Identified in the Audit to Those Charged with Governance
Other Communications to Those Charged with Governance
Two Way Communications Regarding Your Audit 2- 4
Communication of Other Control Deficiencies, Recommendations and Informational Points to Management that are not Material Weaknesses or Significant Deficiencies 5-8
Required Communications by the Auditor to Those Charged with Governance 9-12
Management Representations REQUIRED COMMUNICATION OF INTERNAL CONTROL RELATED MATTERS IDENTIFIED IN THE AUDIT TO THOSE CHARGED WITH GOVERNANCE ~AKER TILLY
To the Board of Directors Milwaukee Area Technical College District Milwaukee, Wisconsin
In planning and performing our audit of the financial statements of the Milwaukee Area Technical College District (the "District") as of and for the year ended June 30, 2018, in accordance with auditing standards generally accepted in the United States of America, we considered its internal control over financial reporting (internal control) as a basis for designing our auditing procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of its internal control. Accordingly, we do not express an opinion on the effectiveness of its internal control.
Our consideration of internal control was for the limited purpose described in the first paragraph and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies and, therefore, material weaknesses or significant deficiencies may exist that were not identified.
A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control such that there is a reasonable possibility that a material misstatement of the entity's financial statements will not be prevented, or detected and corrected on a timely basis. We did not identify any deficiencies in internal control that we consider to be material weaknesses.
This communication is intended solely for the information and use of management, the Board of Directors, and others within the organization and is not intended to be, and should not be, used by anyone other than these specified parties.
Milwaukee, Wisconsin November 15, 2018
~ Jno ndepende rllmemberQI Page 1 BAKER TILLY INTERNATIONAL OTHER COMMUNICATIONS TO THOSE CHARGEO WITH GOVERNANCE TWO WAY COMMUNICATION REGARDING YOUR AUDIT
As part of our audit of your financial statements, we are providing communications to you throughout the audit process. Auditing requirements provide for two-way communication and are important in assisting the auditor and you with more information relevant to the audit.
As this past audit is concluded, we use what we have learned to begin the planning process for next year's audit. It is important that you understand the following points about the scope and timing of our next audit:
a. We address the significant risks or material misstatement, whether due to fraud or error, through our detailed audit procedures.
b. We will obtain an understanding of the five components of internal control sufficient to assess the risk of material misstatement of the financial statements whether due to error or fraud , and to design the nature, timing, and extent of further audit procedures. We will obtain a sufficient understanding by performing risk assessment procedures to evaluate the design of controls relevant to an audit of the financial statements and to determine whether they have been implemented. We will use such knowledge to:
> Identify types of potential misstatements. > Consider factors that affect the risks of material misstatement. > Design tests of controls, when applicable, and substantive procedures.
We will not express an opinion on the effectiveness of internal control over financial reporting or compliance with laws, regulations, and provisions of contracts or grant programs. For audits done in accordance with Government Auditing Standards, our report will include a paragraph that states that the purpose of the report is solely to describe the scope of testing of internal control over financial reporting and compliance and the result of that testing and not to provide an opinion on the effectiveness of internal control over financial reporting or on compliance and that the report is an integral part of an audit performed in accordance with Government Auditing Standards in considering internal control over financial reporting and compliance. The paragraph will also state that the report is not suitable for any other purpose.
c. The concept of materiality recognizes that some matters, either individually or in the aggregate, are important for fair presentation of financial statements in conformity with generally accepted accounting principles while other matters are not important. In performing the audit, we are concerned with matters that, either individually or in the aggregate, could be material to the financial statements. Our responsibility is to plan and perform the audit to obtain reasonable assurance that material misstatements, whether caused by errors or fraud , are detected.
d. We address the significant risks of material noncompliance, whether due to fraud or error, through our detailed audit procedures.
Page 2 TWO WAY COMMUNICATION REGARDING YOUR AUDIT (continued)
e. We will obtain an understanding of the five components of internal control sufficient to assess the risk of material noncompliance related to the federal and state awards whether due to error or fraud, and to design the nature, timing, and extent of further audit procedures. They will obtain a sufficient understanding by performing risk assessment procedures to evaluate the design of controls relevant to an audit of the federal and state awards and to determine whether they have been implemented. They will use such knowledge to:
> Identify types of potential noncompliance. > Consider factors that affect the risks of material noncompliance. > Design tests of controls, when applicable, and other audit procedures.
Our audit will be performed in accordance with U.S. generally accepted auditing standards, Government Auditing Standards, OMB's Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance), and the State Single Audit Guidelines.
We will not express an opinion on the effectiveness of internal control over financial reporting or compliance with laws, regulations, and provisions of contracts or grant programs. For audits done in accordance with Government Auditing Standards, the Uniform Guidance, and the State Single Audit Guidelines, our report will include a paragraph that states that the purpose of the report is solely to describe (a) the scope of testing of internal control over financial reporting and compliance and the result of that testing and not to provide an opinion on the effectiveness of internal control over financial reporting or on compliance, (b) the scope of testing internal control over compliance for major programs and major program compliance and the result of that testing and to provide an opinion on compliance but not to provide an opinion on the effectiveness of internal control over compliance and, (c) that the report is an integral part of an audit performed in accordance with Government Auditing Standards in considering internal control over financial reporting and compliance and the Uniform Guidance and the State Single Audit Guidelines in considering internal control over compliance and major program compliance. The paragraph will also state that the report is not suitable for any other purpose.
f. The concept of materiality recognizes that some matters, either individually or in the aggregate, are important for reporting material noncompliance while other matters are not important. In performing the audit, we are concerned with matters that, either individually or in the aggregate, could be material to the entity's federal and state awards. Our responsibility is to plan and perform the audit to obtain reasonable assurance that material noncompliance, whether caused by error or fraud, is detected.
g. Your financial statements contain components, as defined by auditing standards generally accepted in the United States of America, which we also audit.
h. In connection with our audit, we intend to place reliance on the audit of the financial statements of the Milwaukee Area Technical College Foundation, Inc., a discretely presented component unit of the District, as of June 30 , 2018 and for the year then ended completed by Schenck, SC. All necessary conditions have been met to allow us to make reference to the component auditors.
We are very interested in your views regarding certain matters. Those matters are listed here: a. We typically will communicate with your top level of management unless you tell us otherwise. b. We understand that the Board of Directors has the responsibility to oversee the strategic direction of your organization, as well as the overall accountability of the entity. Management has the responsibility for achieving the objectives of the entity.
Page 3 TWO WAY COMMUNICATION REGARDING YOUR AUDIT (continued)
c. We need to know your views about your organization's objectives and strategies, and the related business risks that may result in material misstatements. d. Which matters do you consider warrant particular attention during the audit, and are there any areas where you request additional procedures to be undertaken? e. Have you had any significant communications with regulators or grantor agencies? f. Are there other matters that you believe are relevant to the audit of the financial statements or the federal or state awards?
Also, is there anything that we need to know about the attitudes, awareness, and actions of the District concerning: a. The District's internal control and its importance in the entity, including how those charged with governance oversee the effectiveness of internal control? b. The detection or the possibility of fraud?
We also need to know if you have taken actions in response to developments in financial reporting, laws, accounting standards, governance practices, or other related matters, or in response to previous communications with us.
With regard to the timing of our audit, here is some general information. We will perform preliminary financial audit work during the months of June and July. Our final financial fieldwork is scheduled during late summer to best coincide with your readiness and report deadlines. After fieldwork, we wrap up our financial audit and single audit procedures at our office and may issue drafts of our report for your review. Final copies of our reports and other communications are issued after approval by your staff. This is typically 6-12 weeks after final fieldwork, but may vary depending on a number of factors.
Keep in mind that while this communication may assist us with planning the scope and timing of the audit, it does not change the auditor's sole responsibility to determine the overall audit strategy and the audit plan, including the nature, timing, and extent of procedures necessary to obtain sufficient appropriate audit evidence.
We realize that you may have questions on what this all means, or wish to provide other feedback. We welcome the opportunity to hear from you .
Page4 COMMUNICATION OF OTHER CONTROL DEFICIENCIES, RECOMMENDATIONS AND INFORMATIONAL POINTS TO MANAGEMENT THAT ARE NOT MATERIAL WEAKNESSES OR SIGNIFICANT DEFICIENCIES INFORMATIONAL POINTS
PROCUREMENT RULES FOR EXPENDITURES UNDER FEDERAL GRANTS NOW IN EFFECT
In December 2013, the US Office of Management and Budget (OMS) issued comprehensive grant reform rules titled "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards." With that issuance, there were important updates made to various areas of federal grants management. Procurement is one of the areas that had significant changes for some entities. In order to allow time for implementation, the procurement rules were given a two year grace period , which has now expired. Therefore, you must be compliant with the new guidelines beginning January 1, 2018 for calendar year end entities (or July 1, 2018 for entities with a June 30 year-end). The new guidelines apply to all purchases made with federal funding.
The procurement sections of the Uniform Guidance can be found online in 2 CFR 200.318. Some of the highlights include:
> Written conflict of interest policies are required > The organization must document the procurement steps and activities required to be completed, which includes the basis for the type of procurement, contract type and basis for the contractor selection > Procurement must be done in a manner that prohibits the use of geographical preference, except in certain cases > The five methods of procurement outlined are: Micro-purchase- purchases where the aggregate dollar amount does not exceed $3,000 (adjusted by the Federal Acquisition Regulation). No competitive quotes are required if management determines that the price is reasonable. When practical, the entity should distribute micro-purchases equitably among qualified suppliers. Small purchase- includes purchases up to the Simplified Acquisition Threshold, which starts out at $150,000 but is periodically adjusted for inflation. Price or rate quotes must be obtained from an adequate number of sources. Sealed bids- used for purchases over the Simplified Acquisition Threshold. Formal solicitation is required and the fixed price is awarded to the responsible bidder who conformed to all material terms and is the lowest in price. Competitive proposals- used for purchases over the Simplified Acquisition Threshold when sealed bids are not appropriate. Contracts should be awards to the responsible firm whose proposal is most advantageous to the program, with price being one of the various factors. Noncompetitive proposals (also known as sole-source procurement)- used only when specific criteria are met. Examples include when a public emergency does not allow time for a competitive proposal process, an item is only available from one source, competition is deemed inadequate after a number of attempts were made, or the federal awarding agency authorizes noncompetitive proposals.
If your organization has not yet evaluated and/or revised your procurement policies for compliance with the requirements under Uniform Guidance when entering into procurement transactions funded with federal awards, we recommend that you do so as soon as possible. A high level of formal documentation is required to meet the standards. As always, you will need to consider compliance with state requirements as well.
Page 5 INFORMATIONAL POINTS (continued)
GASB UPDATES
The Government Accounting Standard Board (GASB) has been very active in recent years, issuing new standards at a fast pace. Over the next few years, your government will have many new standards to evaluate and implement.
There were two significant GASB statements issued in 2017. While the implementation dates for these are a few years away, they are anticipated to have significant impacts on many government financial statements:
> GASB 84 improves guidance regarding the identification of Fiduciary Activities and how they should be reported, effective for years ending December 31 , 2019 > GASB 87 improves accounting and financial reporting for Leases, effective for years ending December 31, 2020
Looking even further ahead , the Technical Agenda, below, outlines significant areas GASB is currently working on:
> Major Projects Financial Reporting Model Revenue and Expense Recognition > Practice Issues Capitalization of Interest Cost Conduit Debt Debt Disclosures Equity Ownership Issues Implementation Guidance > Pre-Agenda Research Going Concern Cloud Computing Note Disclosure reexamination Public-Private Partnerships Social Impact Bonds
Through our firm involvement on AI CPA committees, Baker Tilly follows these developments closely so that we can help you prepare for the changes as they evolve. This participation also allows us to share with GASB the experiences and perspectives of our clients to potentially influence the direction of future projects.
Full lists of projects, as well as many resources, are available on GASB's website which is located at www.gasb.org.
Page 6 INFORMATIONAL POINTS (continued)
NEW REPORTING REQUIREMENTS FOR FIDUCIARY ACTIVITIES
In January 2017, the Governmental Accounting Standards Board (GASB) issued new guidance to address how governments report fiduciary activities which is effective for fiscal years ending on or after December 31 , 2019. Statement No. 84, Fiduciary Activities, supersedes reporting of agency funds and replaces it with a newly coined custodial fund , and requires several additional reporting requirements for fiduciary funds.
Under current guidance, Statement 34 requires that governments report fiduciary activities in fiduciary funds, but that statement does not provide a clear definition of what constitutes a fiduciary activity. GASB sought to reduce inconsistencies in reporting and provide a clear foundation for future reporting. The new guidance will impact a significant amount of local governments. Many local governments have activities that may be considered fiduciary, including:
> Student activity funds of a school district
> Tax collection funds > Circuit court fund of a municipality or county > Jail inmate accounts > Nursing home patient accounts > Cemetery trust funds > Postemployment benefit plans
Under the recently issued Statement 84, governments will need to apply specific criteria to determine if a fiduciary activity exists. The criteria focuses on determining if a government is controlling the assets of the potential fiduciary activity and determining who the beneficiaries are. A few of the major changes that will impact many governments include:
> Pension/OPES Plans as Fiduciary Component Units: Pension and other postemployment benefit (OPEB) plans will need to be evaluated to determine if they meet the fiduciary component unit criteria. > Other Fiduciary Activities: There are various other types of assets that a government controls which will need to be evaluated under the new standard. Part of this evaluation will include identification of the beneficiary of the funds, consideration of how the assets are derived and the extent of administrative or direct financial involvement with the assets.
The following is a summary of two significant changes in the reporting requirements:
> The standard requires that governments recognize a liability to the beneficiaries in a fiduciary fund only when an event has occurred that compels the government to disburse fiduciary resources. > Presentation of additions and deductions on the statement of changes in fiduciary net position for all fiduciary funds, including custodial funds
The time to start assessing your government's fiduciary activities is approaching. Start with reading the new statement and reviewing the non-authoritative flowchart provided by GASB in the appendix of the statement. This will give you an understanding of the new criteria and requirements and help you identify the fiduciary reporting changes that will impact your financial statements.
Page 7 INFORMATIONAL POINTS (continued)
UPCOMING LEASE STANDARD
In June 2017, the Governmental Accounting Standards Board (GASB) issued new guidance to establish a single model for lease accounting based on the foundational principle that leases are financings of the right to use an underlying asset. This standard is effective for fiscal years ending on or after December 31 , 2020. Statement No. 87 , Leases, requires recognition of certain lease assets and liabilities for leases that were previously classified as operating leases and recognize as inflows of resources or outflow of resources based on the payment provisions of the contract.
Under the new standard a lease is defined as a contract that conveys control of the right to use another entity's nonfinancial asset (underlying asset) as specified in the contract for a period of time in an exchange or exchange-like transaction . Control is defined by 1) the right to obtain the present service capacity from the use of the underlying asset and 2) the right to determine the nature and manner of use of the underlying asset. Any contract that meets this definition should be accounted for under the lease guidance, unless specifically excluded in this statement. Leases include contracts that, although not explicitly identified as leases, meet the above definition of a lease.
The following are contract exclusions and exceptions from applying lease accounting:
> Intangible assets (mineral rights, patents, software, copyrights) > Biological assets (including timber, living plants, and living animals) > Service concession arrangements (See GASB Statement 60) > Assets financed with outstanding conduit debt unless both the asset and conduit debt are reported by lessor > Supply contracts (such as power purchase agreements that do not convey control of the right to use the underlying power generating facility) > Inventory > Short-term leases- max possible term 12 months or less > Leases that transfer ownership and do not contain termination options > Certain regulated leases (e.g., airport-airline agreements)
We recommend the District review this standard and start planning how this will affect your financial reporting. An inventory of all contracts that might meet the definition of a lease should be started . The contract listing should include key terms of the contracts such as:
> Description of contract > Underlying asset > Contract term > Options for extensions and terminations > Service components, if any > Dollar amount of lease
In addition, the District should begin to establish a lease policy to address the treatment of common lease types, including a dollar threshold for each lease. We are available to discuss this further and help you develop an action plan.
Page 8 REQUIRED COMMUNICATIONS BY THE AUDITOR TO THOSE CHARGED WITH GOVERNANCE ~AKER TILLY
To the Board of Directors Milwaukee Area Technical College District Milwaukee, Wisconsin
Thank you for using Baker Tilly Virchow Krause, LLP as your auditor.
We have completed our audit of the financial statements of Milwaukee Area Technical College District (the "District") for the year ended June 30, 2018 and have issued our report thereon dated November 15, 2018. This letter presents communications required by our professional standards.
OUR RESPONSIBILITY UNDER AUDITING STANDARDS GENERALLY ACCEPTED IN THE UNITED STATES OF AMERICA AND GOVERNMENT AUDITING STANDARDS, THE UNIFORM GUIDANCE, AND THE STATE SINGLE AUDIT GUIDELINES
The objective of a financial statement audit is the expression of an opinion on the financial statements. We and other auditors conducted the audit in accordance with auditing standards generally accepted in the United States of America, Government Auditing Standards, OMB's Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance), and the State Single Audit Guidelines. These standards require that we plan and perform our audit to obtain reasonable, rather than absolute, assurance about whether the financial statements prepared by management with your oversight are free of material misstatement, whether caused by error or fraud . Our audit included examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements, assessing accounting principles used and significant estimates made by management, and evaluating the overall financial statement presentation. Our audit does not relieve management or the Board of Directors of their responsibilities.
We considered the District's internal control over financial reporting in order to determine the audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the District's internal control over financial reporting. Other auditors also consider the internal control over compliance with types of requirements that could have a direct and material effect on a major federal and major state program to determine the audit procedures that are appropriate in the circumstances for the purpose of expressing an opinion on compliance for a major federal and state program and to test and report on internal control over compliance in accordance with the Uniform Guidance and the State Single Audit Guidelines, but not for the purpose of expressing an opinion on the effectiveness of internal control over compliance.
As part of obtaining reasonable assurance about whether the District's financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts and grants, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit. Also, in accordance with the Uniform Guidance and the State Single Audit Guidelines, other auditors examined, on a test basis, evidence about the District's compliance with the types of compliance requirements described in the OMB Compliance Supplement and the State Single Audit Guidelines that could have a direct and material effect on each of its major federal and state programs for the purpose of expressing an opinion on the District's compliance with those requirements. While our audit provides a reasonable basis for our opinion on compliance, it does not provide a legal determination's compliance with those requirements.
~ an•ndeoendentmemberot Page 9 BA KE R TILLY INTERNATIONAL To the Board of Directors Milwaukee Area Technical College District
OUR RESPONSIBILITY UNDER AUDITING STANDARDS GENERALLY ACCEPTED IN THE UNITED STATES OF AMERICA AND GOVERNMENT AUDITING STANDARDS, THE UNIFORM GUIDANCE, AND THE STATE SiNGLE AUDIT GUIDELINES (continued)
Other auditors have issued a separate document which contains the results of their audit procedures to comply with the Uniform Guidance and the State Single Audit Guidelines.
OTHER INFORMATION IN DOCUMENTS CONTAINING AUDITED FINANCIAL STATEMENTS
Our responsibility does not extend beyond the audited financial statements identified in this report. We do not have any obligation to and have not performed any procedures to corroborate other information contained in client prepared documents, such as official statements related to debt issues.
PLANNED SCOPE AND TiMING OF THE AUDIT
We performed the audit according to the planned scope and timing previously communicated to you in our Communication to Those Charged with Governance and Management dated November 6, 2017.
QUALITATIVE ASPECTS OF THE ENTITY'S SIGNIFICANT ACCOUNTING POLICIES Accounting Policies Management is responsible for the selection and use of appropriate accounting policies. In accordance with the terms of our engagement letter, we will advise management about the appropriateness of accounting policies and their application. The significant accounting policies used by the District are described in Note 1 to the financial statements. As described in Note 1 to the financial statements, the District changed accounting policies by adopting Statement of Governmental Accounting Standards (GASB) Statement No. 75, Accounting and Financial Reporting for Postemployment Benefit Plans Other Than Pension Plans, effective July 1, 2017. Accordingly, the cumulative effect of the accounting change is reported in the current period. We noted no transactions entered into by the District during the year that were both significant and unusual, and of which, under professional standards, we are required to inform you, or transactions for which there is a lack of authoritative guidance or consensus.
Accounting Estimates Accounting estimates are an integral part of the financial statements prepared by management and are based on management's knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. The most sensitive estimates affecting the financial statements were:
> Management's estimate of the allowance for doubtful accounts is based on historical revenues, historical loss levels and analysis of the ability to collect individual amounts.
> Management's estimate of the incurred but not reported (IBNR) health and dental related claims is based on historical expenses and historical claims.
> Management's estimate of the net OPES liability and the deferred inflows related OPES which impacts the reported OPES expense are based upon several key assumptions that are set by management with the assistance of an independent third party actuary. These key assumptions include anticipated investment rate of return, health care cost trends, projected salary increases, mortality and certain cost amortization periods.
> Management's estimate of the net pension asset/liability and the deferred outflows and inflows related to pensions which impacts the reported pension expense are based on information provided by the Wisconsin Retirement System.
Page 10 To the Board of Directors Milwaukee Area Technical College District
QUALITATIVE ASPECTS OF THE ENTITY'S SIGNIFICANT ACCOUNTING POLICIES (continued) We evaluated the key factors and assumptions used to develop these estimates in determining that they are reasonable in relation to the financial statements taken as a whole.
Financial Statement Disclosures The disclosures in the notes to the financial statements are neutral, consistent, and clear.
DIFFICULTIES ENCOUNTERED IN PERFORMING THE AUDIT
We encountered no difficulties in dealing with management in performing our audit.
CORRECTED AND UNCORRECTED MISSTATEMENTS
Professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that are trivial, and communicate them to the appropriate level of management.
There were no such adjustments identified.
DISAGREEMENTS WITH MANAGEMENT
For purposes of this letter, professional standards define a disagreement with management as a matter, whether or not resolved to our satisfaction, concerning a financial accounting, reporting, or auditing matter that could be significant to the financial statements or the auditors' report. We are pleased to report that no such disagreements arose during the course of our audit.
CONSULTATION WITH OTHER INDEPENDENT ACCOUNTANTS
In some cases, management may decide to consult with other accountants about auditing and accounting matters. If a consultation involves application of an accounting principle to the governmental unit's financial statements or a determination of the type of auditors' opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants.
MANAGEMENT REPRESENTATIONS
We have requested certain representations from management that are included in the management representation letter. This letter follows this required communication.
INDEPENDENCE
We are not aware of any relationships between Baker Tilly Virchow Krause, LLP and the District that, in our professional judgment, may reasonably be thought to bear on our independence.
Relating to our audit of the financial statements of the District for the year ended June 30, 2018, Baker Tilly Virchow Krause, LLP hereby confirms that we are, in our professional judgment, independent with respect to the District in accordance with the Code of Professional Conduct issued by the American Institute of Certified Public Accountants. We provided no services to the District other than audit services provided in connection with the audit of the current year's financial statements.
OTHER AUDIT FINDINGS OR ISSUES
We generally discuss a variety of matters, including the application of accounting principles and aud iting standards, with management each year prior to retention as the District's auditors. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention.
Page 11 To the Board of Directors Milwaukee Area Technical College District
OTHER MATTERS
We applied certain limited procedures to the required supplementary information (RSI) that supplements the basic financial statements. Our procedures consisted of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We did not audit the RSI and do not express an opinion or provide any assurance on the RSI.
We were engaged to report on the supplementary information which accompanies the financial statements but is not RSI. With respect to the supplementary information, we made certain inquiries of management and evaluated the form, content, and methods of preparing the information to determine that the information complies with accounting principles generally accepted in the United States of America, the method of preparing it has not changed from the prior period, and the information is appropriate and complete in relation to our audit of the financial statements. We compared and reconciled the supplementary information to the underlying accounting records used to prepare the financial statements or to the financial statements themselves.
We were not engaged to report on the other information, which accompanies the financial statements but are not RSI. We did not audit or perform other procedures on this other information and we do not express an opinion or provide any assurance on it.
RESTRICTION ON USE
This information is intended solely for the use of the Board of Directors and management and is not intended to be, and should not be, used by anyone other than these specified parties.
We welcome the opportunity to discuss the information included in this letter and any other matters. Thank you for allowing us to serve you .
Milwaukee, Wisconsin November 15, 2018
Page 12 MANAGEMENT REPRESENTATIONS MILWAUKEE AREA Technical College
November 15, 2018
Baker Tilly Virchow Krause, LLP 777 E Wisconsin Ave 32nd Floor Milwaukee, WI 53202
Dear Baker Tilly Virchow Krause, LLP:
We are providing this letter in connection with your audit of the financial statements of the Milwaukee Area Technical College District as of June 30, 2018 and 2017 and for the years then ended and for WMVS- WMVT-TV as of June 30, 2018 and 2017 and for the years then ended for the purpose of expressing an opinion as to whether the financial statements present fairly, in all material respects, the respective financial position of the business-type activities, the aggregate discretely presented component unit, and the aggregate remaining fund information of the Milwaukee Area Technical College District and the respective changes in financial position and cash flows, where applicable, in conformity with accounting principles generally accepted in the United States of America. We confirm that we are responsible for the fair presentation of the previously mentioned financial statements in conformity with accounting principles generally accepted in the United States of America. We are also responsible for adopting sound accounting policies, establishing and maintaining internal control over financial reporting, and preventing and detecting fraud.
Certain representations in this letter are described as being limited to matters that are material. Items are considered material, regardless of size, if they involve an omission or misstatement of accounting information that, in the light of surrounding circumstances, makes it probable that the judgment of a reasonable person relying on the information would be changed or influenced by the omission or misstatement. An omission or misstatement that is monetarily small in amount could be considered material as a result of qualitative factors.
We confirm, to the best of our knowledge and belief, the following representations made to you during your audit.
Financial Statements
1. We have fulfilled our responsibilities, as set out in the terms of the audit engagement letter.
2. The financial statements referred to above are fairly presented in conformity with accounting principles generally accepted in the United States of America and include all properly classified funds and other financial information of the primary government and all component units required by accounting principles generally accepted in the United States of America to be included in the financial reporting entity.
3. We acknowledge our responsibility for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error.
4. We acknowledge our responsibility for the design, implementation, and maintenance of internal control to prevent and detect fraud.
5. Significant assumptions we used in making accounting estimates, if any, are reasonable.
Downtown Milwaukee Campus Mequon Campus Oak Creek Campus West Allis Campus 700 West State Street 5555 West Highland Road 6665 South Howell Avenue 1200 South 71 st Street MATC.edu Milwaukee, WI 53233·1443 Mequon,WI 53092·1199 Oak Creek, WI 53154·1196 West Allis, Wl53214·3110 414·297-MATC
MATC 11 w1 Afflrmatn < Acrum E qual Oppmtw111y /111/ltlllwnand complu:.\ wuh all requirement\ of 1he Ama iUIII\ \Vail Diw/nllllel Au. 6. All events subsequent to the date of the financial statements and for which accounting principles generally accepted in the United States of America require adjustment or disclosure have been adjusted or disclosed. No other events, including instances of noncompliance, have occurred subsequent to the balance sheet date and through the date of this letter that would require adjustment to or disclosure in the aforementioned financial statements.
7. All material transactions have been recorded in the accounting records and are reflected in the financial statements.
8. There are no known or possible litigation, claims, and assessments whose effects should be considered when preparing the financial statements. There are no unasserted claims or assessments that our lawyer has advised us are probable of assertion and must be disclosed in accordance with accounting principles generally accepted in the United States of America.
9. Guarantees, whether written or oral, under which the Milwaukee Area Technical College District is contingently liable, if any, have been properly recorded or disclosed.
Information Provided
10. We have provided you with: a. Access to all information, of which we are aware, that is relevant to the preparation and fair presentation of the financial statements, such as financial records and related data , documentation, and other matters. b. Additional information that you have requested from us for the purpose of the audit. c. Unrestricted access to persons within the entity from whom you determined it necessary to obtain audit evidence. d. Minutes of the meetings of the Board of Directors or summaries of actions of recent meetings for which minutes have not yet been prepared.
11. We have disclosed to you results of our assessment of the risk that the financial statements may be materially misstated as a result of fraud.
12. We have no knowledge of any fraud or suspected fraud that affects the entity and involves: a. Management, b. Employees who have significant roles in internal control, or c. Others where the fraud could have a material effect on the financial statements.
13. We have no knowledge of any allegations of fraud or suspected fraud affecting the entity received in communications from employees, former employees, regulators, or others.
14. We have no knowledge of known instances of noncompliance or suspected noncompliance with provisions of laws, regulations, contracts, or grant agreements, or abuse, whose effects should be considered when preparing financial statements.
15. There are no known related parties or related party relationships and transactions of which we are aware.
Other
16. There have been no communications from regulatory agencies concerning noncompliance with, or deficiencies in, financial reporting practices.
17. We have taken timely and appropriate steps to remedy fraud, noncompliance with provisions of laws, regulations, contracts or grant agreements, or abuse that you have reported to us. 18. We have a process to track the status of audit findings and recommendations.
19. We have identified to you any previous financial audit~. attestation engagements, and other studies related to the audit objectives and whether related recommendations have been implemented.
20. We have provided our views on reported findings, conclusions, and recommendations, as well as our planned corrective actions, for our report.
21. The Milwaukee Area Technical College District has no plans or intentions that may materially affect the carrying value or classification of assets, liabilities, or equity.
22. We are responsible for compliance with federal, state, and local laws, regulations, and provisions of contracts and grant agreements applicable to us, including tax or debt limits, debt contracts, and IRS arbitrage regulations; and we have identified and disclosed to you all federal, state, and local laws, regulations and provisions of contracts and grant agreements that we believe have a direct and material effect on the determination of financial statement amounts or other financial data significant to the audit objectives, including legal and contractual provisions for reporting specific activities in separate funds.
23. There are no: a. Violations or possible violations of budget ordinances, federal, state, and local laws or regulations (including those pertaining to adopting, approving and amending budgets), provisions of contracts and grant agreements, tax or debt limits, and any related debt covenants whose effects should be considered for disclosure in the financial statements or as a basis for recording a loss contingency, or for reporting on noncompliance, except those already disclosed in the financial statement, if any. b. Other liabilities or gain or loss contingencies that are required to be accrued or disclosed by accounting principles generally accepted in the United States of America. c. Rates being charged to customers other than the rates as authorized by the applicable authoritative body. d. Violations of restrictions placed on revenues as a result of bond resolution covenants such as revenue distribution or debt service funding.
24. The Milwaukee Area Technical College District has satisfactory title to all owned assets, and there are no liens or encumbrances on such assets nor has any asset been pledged as collateral.
25. The Milwaukee Area Technical College District has complied with all aspects of contractual agreements that would have a material effect on the financial statement in the event of noncompliance.
26. The financial statements include all component units as well as joint ventures with an equity interest, and properly disclose all other joint ventures and other related organizations, if any.
27. The financial statements properly classify all funds and activities.
28. Components of net position (net investment in capital assets; restricted; and unrestricted) are properly classified and, if applicable, approved.
29. The Milwaukee Area Technical College District has no derivative financial instruments such as contracts that could be assigned to someone else or net settled, interest rate swaps, collars or caps.
30. Provisions for uncollectible receivables, if any, have been properly identified and recorded.
31. Expenses have been appropriately classified in or allocated to functions and programs in the statement of revenues, expenses and changes in net position, and allocations have been made on a reasonable basis. 32. Special items are appropriately classified and reported.
33. Deposits and investments are properly classified, valued, and disclosed (including risk disclosures, collateralization agreements, valuation methods, and key inputs, as applicable).
34. Provision, when material, has been made to reduce excess or obsolete inventories to their estimated net realizable value.
35 . Capital assets, including infrastructure and intangible assets, are properly capitalized, reported, and, if applicable, depreciated/amortized. Any known impairments have been recorded and disclosed.
36. Tax-exempt bonds issued have retained their tax-exempt status.
37. We have appropriately disclosed the Milwaukee Area Technical College District's policy regarding whether to first apply restricted or unrestricted resources when an expense is incurred for purposes for which both restricted and unrestricted net position are available and have determined that net position were properly recognized under the policy.
38. We acknowledge our responsibility for the required supplementary information (RSI). The RSI is measured and presented within prescribed guidelines and the methods of measurement and presentation have not changed from those used in the prior period. We have disclosed to you any significant assumptions and interpretations underlying the measurement and presentation of the RSI.
39 . With respect to the supplementary information, (SI):
a. We acknowledge our responsibility for presenting the Sl in accordance with accounting principles generally accepted in the United States of America, and we believe the Sl, including its form and content, is fairly presented in accordance with accounting principles generally accepted in the United States of America. The methods of measurement and presentation of the Sl have not changed from those used in the prior period, and we have disclosed to you any significant assumptions or interpretations underlying the measurement and presentation of the supplementary information.
b. If the Sl is not presented with the audited financial statements, we will make the audited financial statements readily available to the intended users of the supplementary information no later than the date we issue the supplementary information and the auditor's report thereon.
40 . We assume responsibility for, and agree with, the findings of specialists in evaluating the net OPES liability and have adequately considered the qualifications of the specialists in determining the amounts and disclosures used in the financial statements and underlying accounting records. We did not give or cause any instructions to be given to specialists with respect to the values or amounts derived in an attempt to bias their work, and we are not otherwise aware of any matters that have had impact on the independence or objectivity of the specialists.
41 . We agree with the restatement presented in the current year's financial statements.
42. We assume responsibility for, and agree with, the information provided by the Wisconsin Retirement System as audited by the Legislative Audit Bureau relating to the net pension asseVIiability and related deferred outflows and deferred inflows and have adequately considered the reasonableness of the amounts and disclosures used in the financial statements and underlying accounting records. We also assume responsibility for the census data that has been reported to the plan. 43. We have implemented GASB Statement No. 75, Accounting and Financial Reporting for Postemployment Benefits Other than Pensions, and believe that all liabilities, deferred outflows and deferred inflows have been identified and properly classified in the financial statements and any other required classifications and RSI have been computed in compliance with the Standard.
44. We are responsible for the estimation methods and assumptions used in measuring assets and liabilities reported or disclosed at fair value, including information obtained from brokers, pricing services or third parties. Our valuation methodologies have been consistently applied from period to period. The fair value measurements reported or disclosed represent our best estimate of fair value as the measurement date in accordance with the requirements of GASB 72- Fair Value Measurement. In addition our disclosures related to fair value measurements are consistent with the objectives outlined in GASB 72. We have evaluated the fair value information provided to us by brokers, pricing services or other parties that has been used in the financial statements and believe this information to be reliable and consistent with the requirements.
Sincerely,
Milwaukee Area Technical College District s;gned '-t:(d X· ~ Dr. Vicki J. Marti , President
Signed: Mr. Je
Signed: Ms. Eva Kuether, Controller
Attachment 5-f
Milwaukee Area Technical College (MATC) Audit Advisory Committee Charter
I. PURPOSE The Audit Advisory Committee (Committee) shall be responsible for providing oversight assistance to the MATC Board of Directors (Board) in fulfilling its responsibility relative to the auditing, accounting and financial reporting processes, including a reliable system of operational, financial and compliance internal controls, corporate compliance oversight functions, and assessing the quality and integrity of the financial reports of the organization. In so doing, it is the responsibility of the Committee to maintain free and open communication with the Board, the internal auditors, the external auditor, and the Senior Management of MATC. It is understood that all Committee activities will comply with applicable local, state and federal laws, including but not limited to, open meetings and public records statutes. Additionally, the Committee will act in adherence to all applicable MATC Board policies.
II. QUALIFICATIONS OF MEMBERS A. The Committee shall be comprised of a Board member appointed by the Board Chair the FPO Committee Chair (serving as Chair of this Committee also) and at least three (3) and no more than five (5) external members who are independent of MATC. Members shall be considered independent if they have no relationship to MATC (i.e., do not accept any consulting, advisory, or other compensatory fee from MATC, MATC Foundation, or MPTV) that may interfere with the exercise of their independence from Management.
B. Committee members must be financially literate, and at least one member must be a financial expert as defined in the Sarbanes-Oxley Act of 2002: A “financial expert” is a person who has an understanding of generally accepted accounting principles and financial statements; the ability to assess the application of these principles in connection with accounting for estimates, accruals and reserves; an understanding of Committee functions; experience preparing, auditing, analyzing or evaluating financial statements, or experience actively supervising persons engaged in such activities; and an understanding of internal controls and procedures for financial reporting. The person must have acquired these attributes through one or more of the following: education or experience actually doing these functions or similar ones; actively supervising someone who is performing these functions or similar ones; experience overseeing or assessing the performance of companies or public accountants who are preparing, auditing or evaluating financial statements; or other relevant experience.
C. See Attachment A for Committee Procedures.
Page 1 of 5
Revised: AAC, November 17, 2016 Board, January 24, 2017
III. AUTHORITY AND RESPONSIBILITIES In carrying out its oversight responsibilities, the Committee should ensure that its procedures remain flexible in order to permit it to react well to changing conditions and assure the Board that the auditing, accounting and financial reporting processes, the internal controls, the compliance program and the financial reports of MATC are in accordance with all related requirements and are of the highest quality.
The Committee shall not be responsible for planning or conducting audits, for determining whether financial statements are in accordance with generally accepted accounting principles, or determining whether financial statements are complete and accurate, or for assuring compliance with laws and regulations. The Committee as a whole and each member separately shall be entitled to rely on the accuracy of the financial and other information that is provided to the Committee by persons within the organization or by professionals, experts, and independent auditors which provide the organization with information.
The Committee shall have access to the organization’s personnel, facility books and records for the purpose of satisfying its responsibilities.
In carrying out these responsibilities, the Committee will:
Risk Assessment A. Discuss with Management, the internal auditors and the external auditor to obtain a clear understanding of financial risk assessment and risk management, as well as the organization’s major financial risk exposures and the steps Management has undertaken to monitor and control these financial risk exposures.
B. Understand the internal controls systems implemented by Management, the overall effectiveness of the internal control framework, and whether Management is setting an appropriate “control culture” by communicating the importance of internal controls.
Financial Reporting Process C. Inquire of Management, the internal auditor and the external auditor about financial reporting processes to address complex or highly judgmental accounting or internal control areas.
D. Review the adequacy and effectiveness of the accounting and financial controls, including information technology, of the organization with the financial and accounting personnel, internal auditor, and external auditor, and elicit any recommendations for the improvement of the system of internal controls with emphasis on the adequacy of internal controls to expose payments, transactions or procedures that might be deemed illegal or otherwise improper. Page 2 of 5
Revised: AAC, November 17, 2016 Board, January 24, 2017
E. Review disclosures of internal controls from the organization made in connection with the quarterly or annual financial statements.
Internal Auditors F. Review the annual internal audit plan (Plan), and any changes to it, to ensure it addresses key areas of risks.
G. Review a summary of findings from completed internal audits and a progress report on the internal audit plan, with explanations for any changes to the Plan.
H. Ensure that Management action plans are received, discussed and acted upon in an appropriate and timely manner.
I. Review periodically the internal audit charter for necessary changes. Ensure it is approved or re-approved by the Board when required.
External Auditor J. Review at least annually, the following with Management and the external auditor: . Scope of the proposed audit for the current year and the procedures to be utilized (Full scope – specific scope – limited scope). The minimum required scope will be recommended by the Committee. . Annual audited financial statements, the annual report and the report on federal awards required under the Office of Management and Budget. . Results of timely analysis of significant financial reporting issues and practices, including changes in, or adoptions of, accounting principles and disclosure practices. . Matters required to be communicated to the Committee by Statements of Auditing Standards, including audit adjustments made and passed. . Accounting estimates and quality of earnings schedules prepared by management or the external auditor. . Judgments about the quality and the clarity of the financial disclosures practices used or proposed to be used. . Management Letter and Management’s response to the Management Letter. . Whether any CEO, CFO, Controller or Chief Accounting Officer has been hired by the organization from the external auditor within the past year. . Material off-balance sheet transactions.
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Revised: AAC, November 17, 2016 Board, January 24, 2017
Compliance with Laws and Regulations K. Review the effectiveness of the system for monitoring compliance with laws and regulations and the results of Management’s investigation(s) and follow-up (including disciplinary action) of any fraudulent acts or non-compliance.
L. Obtain regular updates from Management and the organization’s legal counsel regarding compliance matters that may have a material impact on the organization’s financial statements or compliance policies.
M. Be satisfied that all regulatory compliance matters have been considered in the preparation of the financial statements.
N. Review at least annually a report addressing the results of MATC’s Conflict of Interest Policy.
Other O. Endorse and encourage Committee education and dialogue relative to emerging issues.
P. Complete an annual self-assessment and review results with the FPO MATC Board.
Q. Have access to institution personnel and information as needed.
R. Expenses incurred by the Committee members in carrying out their roles and responsibilities consistent with this Charter will be reimbursed by MATC consistent with the MATC District Board Policy B0901, Travel and Expense Reimbursement.
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Revised: AAC, November 17, 2016 Board, January 24, 2017
Attachment A MATC AUDIT ADVISORY COMMITTEE PROCEDURES
I. COMPOSITION A. How Appointed – The Chair will be the member of the Board, appointed by the Board Chair serving as Finance, Personnel and Operations (FPO) Committee Chair. Potential members are identified by Management, and approved by the Board.
B. Number of Members – In addition to the Chair, a minimum of three and maximum of five external members.
C. Term of Membership – Non-MATC Board members will be appointed for three-year terms of office and may serve for consecutive and/or multiple terms, which may be staggered after the initial term.
II. VOTING A. Quorum – Simple majority of the members.
B. Number of Votes Needed – Majority of the members present.
III. MEETINGS A. How Often Committee Meets – A minimum of four times per year. Members of the Committee may appear at the meeting in person, by video conference or telephonically. Special meetings may be convened as required, subject to the statutory notice provisions.
B. All meetings will be held in accordance with Wisconsin Statutes Chapter 19, which govern open meetings and public records, including appropriate notice and posting provisions outlined therein.
C. Agenda Responsibility – Vice President- Finance, with assistance from Internal Audit and General Counsel. The administrative assistant to the Committee will: a. Circulate the agenda and supporting documentation to the Committee members a reasonable period in advance of each meeting. b. Circulate the approved minutes of meetings to members of the Board, Committee and internal and external auditors.
D. Attendance Requirements – Members must attend at least half of the meetings per year.
E. Staff Support – Vice President- Finance, with assistance from Internal Audit and General Counsel. Page 5 of 5
Revised: AAC, November 17, 2016 Board, January 24, 2017 Attachment 6-a
Formatted: Normal, Border: Top: (Single solid line, Auto, 2.25 pt Line width) POLICY matc Milwaukee Area Technical College Formatted: Normal, Border: Top: (Single solid line, Auto, 2.25 pt Line width) Title: MATC STUDENT REPRESENTATIVE TO Code: A0104-5 THE DISTRICT BOARD Original Adoption: 10/25/93 Revised/Reviewed: 9/25/07 Authority: Wis. Stats. § 38.04 (14); 38.08; 38.12; Effective: 9/26/07 Wis. Administrative Code Chapter TCS 2
BACKGROUND
The District Board recognizes the important contributions MATC students make to developing policy and representing the needs and interests of students from the entire community. A student voice on the District Board provides a much-needed perspective to many of the issues that challenge the Board as it shapes the direction and future of MATC. Toward that end, the District Board finds it is in the best interests of the MATC community that a student representative serves on the District Board.
APPOINTMENT PROCESS
The District Board Student Representative is to be selected by the Area Student Senate Board by a majority vote. The Area Student Senate board represents the North, West, Ssouth and Milwaukee Campus Student Senates which, in turn, represent the entire student population. The tTerm of service for the District Board Student Representative is not to exceed six (6) consecutive semesters. Being appointed to the District Board as a Student Representative is a privilege. The District Board has expectations enumerated below that hopefully enhance the Student Representative’s contribution.
DUTIES AND RESPONSIBILITIES
The District Board Student Representative shall perform the following duties and key responsibilities:
Meet with the Director of Student Life and Area Student Senate Board Advisor weekly;
Meet monthly, one week before the District Board meeting, with the Executive Formatted: Normal, Indent: Left: 0", Hanging: 0.5", Don't hyphenate, Tab stops: -1", Left + -0.5", Left + 0.25", Left + Vice President and General Counsel and/or Director of Student Life and Area 0.5", Left + 0.63", Left + 0.8", Left Student Senate Board Advisor;
Page 1 of 2 Formatted: Heading 2, Left
Formatted: Font: 18 pt POLICY matc Milwaukee Area Technical College Formatted: Tab stops: 3.25", Centered Title: MATC STUDENT REPRESENTATIVE TO Code: A0104-5 THE DISTRICT BOARD
Attend all District Board meetings;
Provide input to the Advisor, the Director of Student Life and District Board members;
Contact Student Senate weekly to discuss issues of concern;
Reply to each inquiry or problem within five (5) days of notification;
Coordinate with Area Student Senate Board to identify others who should attend the District Board subcommittee meetings;
Prepare a quarterly newsletter for the student body;
Visit each campus at least once each semester and meet with each Student Senate;
Be registered for a minimum of six (6) credit hours per semester;
Maintain a 2.5 cumulative grade point average; and
Perform other duties and functions as directed by the District Board Chair.
The District Board Student Representative will be a non-voting member of the District Board and will attend all open meetings of the District Board.
Page 2 of 2 POLICY
Title: PROCEDURES FOR DISTRICT BOARD Code: A0107 MEETINGS/PUBLIC HEARINGS Original Adoption: 10/23/84 Authority: Wis. Stats., Chapter 19, Subchapter V, Revised/ 11/10/17 § 38.08; Board Minutes, 10/23/84; Reviewed: 11/10/17 1/22/90; 2/20/96; 11/26/96; 9/28/99; Effective: 9/26/07 12/18/01; 2/26/02; 4/22/03; 9/25/07
District Board Meetings/Public Hearings
Regular District Board meetings shall be held monthly, at a date, time, and place established at the organizational meeting. The regular meeting may, however, be set at another time or place, or be waived by resolution of the district board at a preceding meeting.
Special meetings may be called at any time by the Chairperson and shall be called by the Secretary upon written request of four or more members of the District Board.
The District Board may, from time to time, conduct public hearings at which members of the general public, MATC employees or MATC District Board members may testify. Public hearings conducted by the District Board are for the purpose of the District Board receiving information only. The procedure to be followed by the District Board at public hearings shall be at the discretion of the District Board. Time limitations on presentations, the order of speaking, and other matters shall be set as the District Board determines appropriate for the public hearing in question. The Chairperson shall determine the procedure to be followed during the public hearing, subject to modification by the full District Board.
District Board meetings/hearings shall be accessible to all citizens and be barrier free, and otherwise in compliance with the requirements of the Americans with Disabilities Act.
Election of District Board Officers
Pursuant to Wisconsin Statute 38.08, the District Board shall hold its annual organizational meeting on the second Monday in July at which time it shall elect from among its members a Chairperson, Vice Chairperson, Secretary, and Treasurer.
The election shall be conducted in the manner described below.
The District Board shall conduct the election of officers in the following order: Chairperson, Vice Chairperson, Secretary, and Treasurer. Chapter 19 of the Wisconsin Statutes allows District Board members to attend the annual meeting by telephone. Accordingly, voting may occur by having the board member who is off site deliver
Page 1 of 9 Title: PROCEDURES FOR DISTRICT BOARD Code: A0107 MEETINGS/PUBLIC HEARINGS his/her vote to the General Counsel (or in his/her absence, the administrative assistant assigned to record District Board minutes) in a secure location, so that it may be tallied with other board member votes.
A majority of the votes cast shall be required for election of each officer, except as otherwise provided below.
1. A Tie Vote between Two Candidates. If there are two candidates for an office and there is a tie vote on the first ballot, the two candidates shall be the subject of a second ballot. In the event of a tie between the two final candidates on the second ballot, the vote shall be retaken on a third ballot. If a tie is not resolved following a third ballot, that tie shall be resolved by drawing lots, as set forth in Paragraph 4 below.
2. Three or More Candidates, with No Candidate Receiving a Majority Vote. If there are three or more candidates for an office and no candidate receives a majority of the votes cast on the first ballot, the field of candidates shall be narrowed to two in the manner set forth below.
a. If there are no ties among the three or more candidates, the two candidates receiving the most votes shall be deemed to be final candidates for the office in question. Ties occurring between these two candidates in subsequent ballots shall be resolved by following Paragraphs 1, 3, and 4 of this section.
b. If one of the three or more candidates receives a plurality of votes on the first ballot and there is a tie between two individuals with the next highest number of votes, the candidate receiving the plurality of votes shall become one of two final candidates for the office in question. The two tied candidates shall be the subject of a second ballot and third ballot, if necessary, to determine which candidate shall be the other final candidate for the office in question. If the tie is not broken by the third ballot, the tie shall be resolved by drawing lots in the manner set forth in Paragraph 4 below, and the candidate whose lot is drawn shall become the second final candidate for the office in question.
3. Tie on Third Ballot. In the event of a tie between the final two candidates on the third ballot, the tie shall be resolved by drawing lots in the manner set forth in Paragraph 4 below, and the candidate whose lot is drawn shall be deemed to be elected to the officer position in question.
Page 2 of 9 Title: PROCEDURES FOR DISTRICT BOARD Code: A0107 MEETINGS/PUBLIC HEARINGS
4. Procedure for Drawing Lots. If it is necessary to draw lots in order to break a tie vote, the person chairing the annual organizational meeting shall write the names of the tied candidates on slips of paper and enclose them in identical blank envelopes. Thereafter, the District General Counsel, or in his/her absence, the administrative assistant designated to record the minutes at the annual organizational meeting, shall draw blindly one of the two envelopes, and the candidate whose name is chosen shall be deemed the winner of the run-off.
Open Meetings Compliance
The District Board shall comply with the open meetings regulations as defined in Wisconsin Statutes, Chapter 19, Subchapter V.
Placement of Items on the Agenda
Agenda items for the District Board will be placed under the appropriate Order of Business designation, as set forth below.
Items may be placed directly on the District Board agenda, subject to the approval of the Chairperson. A District Board member wishing to introduce an agenda item shall make such intention known to the Chairperson no later than seven three working days prior to the day of the Board meeting. The Chairperson may determine that the request is outside the jurisdiction of the District Board.
Any citizen wishing to have an item placed on the agenda of the District Board shall submit such request verbally or in writing to the Chairperson of the District Board no later than seven three working days prior to the day of the meeting. The Chairperson may determine that the request is outside the jurisdiction of the District Board.
Any citizen or member of the district may also submit petitions, resolutions, or motions for consideration during such time designated as Communications and Petitions in the Order of Business. Such items shall be referred for consideration to the Chairperson.
If there is disagreement with the Chairperson’s decision on placement of agenda items, a Board member(s) may seek to override the decision of the Chairperson through an appropriately made motion and majority vote of the Board members present.
Page 3 of 9 Title: PROCEDURES FOR DISTRICT BOARD Code: A0107 MEETINGS/PUBLIC HEARINGS
Quorum
A majority of the members of the District Board shall constitute a quorum for the transaction of business, but a smaller number may adjourn.
Order of Business
The Chairperson shall call the meeting to order upon the appearance of a quorum. The order of business shall generally be as follows:
A. Roll Call B. Compliance with the Open Meetings Law C. Approval of Minutes D. Comments from the Public E. Approval of Consent Agenda 1. Bills 2. Financial Report 3. Personnel Report/Affirmative Action Report 4. Operations Report F. Board Action Items G. Reports 1. Chairperson's Report 2. President's Report 3. Student Senate Report 4. Milwaukee PBS General Manager’s Report 5. Legislative Matters Report 6. Other Scheduled Reports H. Board Monitoring I. Old Business/New Business J. Future Agenda Items and Events
However, upon request by a District Board member and determination of the Chairperson, items may be considered out of order.
Order of Recognition
Generally, District Board members shall be recognized to speak first on an agenda item, followed by recognition of the President or members of his or her administrative staff.
Page 4 of 9 Title: PROCEDURES FOR DISTRICT BOARD Code: A0107 MEETINGS/PUBLIC HEARINGS
Public Comment on Agenda and Non-Agenda Items
Public comment on agenda and non-agenda items may be presented at the time designated or "Comments from the Public" in the Order of Business. No person may speak more than once to an issue or for a period longer than five minutes, except upon the consent of a majority of the district board. No more than three people may be heard to one side of an issue, except upon the consent of a majority of the District Board. Citizens wishing to speak during this period should register with the District General Counsel prior to the “Comments from the Public” in the Order of Business. The District Board reserves the right to limit the total amount of time during which public comment will be heard at any given meeting.
Substantive Motions
Except for the approval of minutes, the District Board shall proceed by motion. Anyone, including the Chairperson, may make a motion. No motion shall be subject to debate until it has been seconded and stated by the Chairperson. However, a subject may be discussed while no motion is pending.
Substantive motions shall be reduced to writing at the request of any member of the District Board. Another substantive motion is out of order while one substantive motion is pending.
When a substantive motion has been made and seconded, the motion may be withdrawn by the maker of the motion at any time before a vote is taken on the issue.
For the approval of minutes of a District Board meeting, the Chairperson shall ask if there are any corrections. If there are none, the chairperson may state, "The minutes are approved as printed." If a District Board member offers a correction and there are no objections to the correction, the Chairperson may state, "The minutes are approved as printed and corrected." Only if a correction is offered and there is an objection to the proposed correction shall a motion be made and a vote taken.
Page 5 of 9 Title: PROCEDURES FOR DISTRICT BOARD Code: A0107 MEETINGS/PUBLIC HEARINGS
Amendment to a Motion
An amendment to a motion must be pertinent to the subject matter of the motion, and it may not achieve the opposite of the motion's intent. The motion may be amended and an amendment may be amended, but no further amendments may be made.
Amendments must be seconded by another member of the District Board. After debate, the Chairperson will ask if there are any objections to the amendment. If not, the amendment shall be incorporated into the original substantive motion. Any objection to the amendment will require that a vote be taken on the amendment.
Adoption by Majority Vote
A motion shall be adopted by a majority of the votes cast, with a quorum being present, unless otherwise required by District Board policy or the laws/regulations of the State of Wisconsin.
Typically, voting will be by voice vote. In cases where there seems to be no opposition, a vote may be taken by unanimous consent. At his or her discretion, the Chairperson may request a roll call vote at any time. In addition, any District Board member may make a motion for a roll call vote.
District Board members are expected to vote on all issues except on matters involving potential conflicts of interest. In such case, the vote shall be recorded as an abstention.
Other Procedural Motions
In addition to substantive proposals, the following procedural motions shall be in order. Unless otherwise noted, each motion must be seconded, is debatable, may be amended, and requires a majority vote for adoption.
1. Motion to Suspend the Rules. This motion is in order when the District Board wishes to do something that it may legally do, but cannot accomplish without violating its own rules.
2. Motion to Divide a Complex Motion. This motion allows a substantive motion to be divided into parts and voted on separately.
Page 6 of 9 Title: PROCEDURES FOR DISTRICT BOARD Code: A0107 MEETINGS/PUBLIC HEARINGS
3. Motion to Move the Question. This motion is not in order until there has been at least 20 minutes of debate or every member has had an opportunity to speak once. A second and two thirds of the vote is necessary for the motion to pass.
4. Motion to Postpone to a Certain Time. This motion allows the District Board to defer consideration to a specified time or day.
5. Motion to Refer Back to Committee. This motion refers the matter back to a standing or ad hoc committee for review and consideration. All matters referred to committee must automatically return to the District Board within two months unless specifically defined by this motion.
6. Motion to Move into Closed Session. Any motion to move into closed session must follow the regulations and procedures in Wisconsin Statutes, Chapter 19.
Presiding Officer
The Chairperson shall preside at District Board meetings and at all District Board public hearings. In the absence of the District Board Chairperson, district meetings/public hearings shall be chaired by the Vice-Chairperson of the District Board; likewise, in the absence of the Vice-Chairperson, the Secretary shall serve as Chairperson; and in the absence of other officers, the Treasurer shall serve as Chairperson. In order to address the District Board, a member must be recognized by the person serving as the Chairperson. The Chairperson shall have the following powers:
1. To rule motions in or out of order, including the right to rule out of order any motions patently offered for obstructive or dilatory purposes;
2. To determine whether a speaker has gone beyond reasonable standards of courtesy in his or her remarks and to entertain and rule on an objection from a board member on this ground;
3. To entertain and answer questions of procedure;
4. To call a brief recess at any time; and
5. To adjourn in an emergency.
Page 7 of 9 Title: PROCEDURES FOR DISTRICT BOARD Code: A0107 MEETINGS/PUBLIC HEARINGS
Other Rules of Order
To the extent not provided for in these procedures, the Chairperson shall rule on procedural matters, subject to appeal by any District Board member. If an appeal is requested, the District Board shall vote to uphold or not uphold the decision of the Chairperson.
Meetings
1. A "meeting" occurs when members of a governmental body convene for the purpose of engaging in governmental business, and the number of members present is sufficient to determine the course of action of the governmental body.
a. When one-half or more of the members of a governmental body are present, a meeting is "rebuttably presumed." However, a social or chance gathering or conference does not constitute a meeting. To avoid a problem, board members are encouraged to limit attendance at the same function to one or two members.
b. The number of members present to determine a governmental body's course of action may be (a) a simple majority or (b) a negative quorum (a group of sufficient size to block a proposal).
c. Walking/talking quorums are prohibited. These are gatherings among separate groups of board members, each less than a quorum, who agree to act uniformly in sufficient number to create a quorum.
2. If a sufficient number of members gather to determine the governmental body's course of action, it is the members' burden to prove that they did not discuss or enact any business.
Committee Meeting Procedures
1. From time to time the District Board may elect to form an ad hoc committee with interested board members, no less than three (3), to more fully review and examine an issue of importance requiring future board action. The purpose of the ad hoc committee is to review and ascertain information in order to form a recommendation for the District Board to consider and take formal board action.
Page 8 of 9 Title: PROCEDURES FOR DISTRICT BOARD Code: A0107 MEETINGS/PUBLIC HEARINGS
2. Ad hoc committees will provide for public comments on their agendas.
3. District Board members may attend meetings of ad hoc committees to which they are not assigned. District Board members attending meetings of committees of which they are not members should provide notice to the Chairperson of the committee before the committee meeting. District Board members attending meetings of committees of which they are not members may participate in the discussion of the committee but shall not take any formal action at the meeting (such as making motions, seconding motions, or voting).
Page 9 of 9 POLICY
Title: DISTRICT ADMINISTRATION - Code: A0202-4 EDUCATIONAL Original Adoption: 12/13/72 Authority: Board Minutes, 12/13/72; 9/25/07 Revised/Reviewed: 9/25/07 Effective: 9/26/07
The President will be the chief executive officer in the MATC district and shall provide leadership to the district board, faculty, staff, and students on all aspects of the educational process.
The President will be responsible for the administration, supervision, and coordination of the educational programs and the educational services of the district to meet the needs and purposes of vocational, technical, and adult education within the MATC district. This also includes providing educational leadership, advice, and counsel to state and federal agencies, labor, business, industry, and the general public.
Page 1 of 1 Attachment 6-b
POLICY
Title: FISCAL RESPONSIBILITY Code: B0101
Original Adoption: 9/24/85 Authority: Wis. Stats. Chapter 34; Wis. Stats., §§ Revised/Reviewed: 9/25/07 38.12 (2); and 66.042 (6); Board Minutes, Effective: 9/26/07 9/24/85; 3/26/90; 2/18/91; 7/29/91; 8/23/94; 8/22/95; 9/25/07
The District Board’s Treasurer is responsible for the receipt of all public funds of the district and shall be accountable for such action in accordance with applicable statutes. All Cash receipts of the district shall be deposited in a public depository or invested as designated in Policy B0106.
The District Board delegates the operational procedures relating to the fiscal operations of the district to the President or his/her designee.
The Board authorizes check signing, in person or facsimile, to any one of the following positions and financial institution account establishment or discontinuance be accomplished by any combination of the following positions:
President Vice President, Finance Controller
Page 1 of 1 POLICY
Title: FISCAL ACCOUNTABILITY - ANNUAL Code: B0103 DISTRICT AUDIT Original Adoption: 9/16/81 Authority: Wis. Stats. §§ 38.04(11)(b), 38.12 (5); Revised/Reviewed: 11/16/99 Board Minutes, 9/16/81; 10/24/94; Effective: 11/17/99 11/16/99
Annually, the accounting records and financial statements of the district shall be audited by an independent firm of certified public accountants. The audit shall be performed in accordance with Governmental Auditing Standards and legal requirements. The district shall also undergo an annual single audit in conformance with provisions of the single Audit Act Amendment of 1996, Title 2 U.S. Code of Federal Regulations Part 200, Formatted: Font: Italic Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance),the U.S. Office of Management and Budget Circular A- 133, Audits of States, Local Governments and Non-Profit Organizations, and State of Wisconsin Single Audit Guidelines. The independent firm of certified public accounts shall be recommended by the Advisory Audit Committee and approved by the Board.
The auditors shall present the audit report and management letter when completed to the Board and/or Board committee for examination and appropriate action. The management letter shall be based upon, but not limited to, an analysis of district compliance when Board policies and other requirements as set forth in the Financial Accounting Manual.
The president, or designee, shall file copies of the audited financial report with the WTCSB as prescribed by Wisconsin Statutes.
Also see Policy A0104-A (Duties of Officers of MATC District Board).
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POLICY
Title: District Financial Assets – Statement of Code: B0106 Investment Policy, Objective and Guidelines
Authority: Wis. Stats. § 66.04 (2); Investment Original Adoption: 8/22/95 Company Act of 1940; 15 USC 80a-1 11/26/13 through 80a-64; Board Minutes, 8/22/95; Effective: 11/27/13 11/26/96; 4/27/04; 11/26/13
LEGAL REQUIREMENTS
MATC finances its operations and long-term obligations through a number of different reserves and investment pools. MATC is subject to the laws that govern technical college school districts in the State of Wisconsin. Its investment policies and activities are governed and constrained in the State of Wisconsin under Wis. Stat. § 66.0603.
PURPOSE
The purpose of this Statement of Investment Policy, Objectives and Guidelines (Policy) is to provide clear guidelines for the management of the investment assets of MATC (College). The Policy will guide and assist the Board of Directors and the Board Designee(s)Finance, Personnel and Operations Committee (FPO) in the discharge of their duties with respect to the maintenance and enhancement of the investment funds of the College. The policy governs the financial assets of the district including, but not limited to, the General Fund, Special Revenue Fund, Capital Projects Fund, MPTV Capital Projects, Student Financial Assistance and Debt Service Funds.
DEFINITIONS
1. “College” shall mean the MATC investable assets.
2. “Funds” or “Portfolios” are segregated assets within the College which for investment or other purposes may be invested with different time horizons, asset allocations and/or other restrictions.
3. “Board”, “Board of Directors” or “Directors” shall mean the Board of Directors of MATC which has final authority over and responsibility for the a Formatted: Body Text, Justified, Right: 0.11", administration and management of the Funds. Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.65" + 4.3. “Committee” shall mean the Finance, Personnel and Operations Indent at: 1.15", Tab stops: 1.15", Left Committee (FPO)Board Designee(s), who directs the administration and investment management of the Fund’s assets under the authority of the Board and consistent with this Policy.
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Title: District Financial Assets – Statement of Code: B0106 Investment Policy, Objective and Guidelines
5.4. “Investment Manager” shall mean any individual, group of individuals or organization employed to manage investments of the College.
6.5. “Investment Consultant” shall mean any individual, group of individuals or organization employed to provide advisory services, including advice on investment objectives and/or asset allocation, research, manager search, and / or performance monitoring.
7.6. “Securities” shall refer to the marketable investment securities which are defined as acceptable in this statement.
8.7. “Investment Horizon” shall be the time period over which the investment objectives, as set forth in this statement, are expected to be met.
9.8. “Product”, in reference to an investment vehicle, shall mean an individual fund or style of account managed by an investment manager. Examples of a product include a mutual fund, publicly traded fund, unit investment trust (UIT), exchange traded fund (ETF), or separately managed account for a specific style/asset class. An Investment Manager may manage several different products, each one distinct for purposes of this Statement.
FINANCE, PERSONNEL AND OPERATIONS (FPO) COMMITTEEBoard of Directors
1. The Committee is responsible for the investment and administration of the College assets. Specifically, the Committee is charged by the Board to perform the following responsibilities and functions as it relates to the funds: Periodically review investment objectives and policies appropriate to the College’s financial goals and policies, and recommend changes to the Board.
2. Adopt appropriate benchmarks for the evaluation of managers, as well as determine the overall strategy, and report to the Directors on performance relative to the benchmarks at least annually.
3. Work with an Investment Consultant on overall policy and strategy issues.
4. Any removal and replacement of existing managers will be directed by the Committee. Any changes in strategic allocation or asset class level strategy will be directed by the Committee.
5. Report regularly on these matters to the full Board of Directors and/or its Executive Committee.
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Title: District Financial Assets – Statement of Code: B0106 Investment Policy, Objective and Guidelines
DELEGATION OF AUTHORITY
The Vice President, Finance, is designated as investment officer of the district board and is responsible for cash management, investment decisions and activities. The Controller and/or Coordinator, Cash Management, are authorized to act in accordance with this policy at the direction of - or in the absence of the Vice President, Finance. The Committee may further delegate investment authority to a state, national bank or trust company for the purpose of hiring an investment manager.
INVESTMENT CONSULTANT(S)
The Committee may work with an Investment Consultant, on an as needed basis, as an advisor to the Committee. Responsibilities of the Investment Consultant may include:
1. Provide investment advice concerning the investment management of College assets which is consistent with the investment objectives, policies, guidelines and constraints as established in this Policy.
2. Assist in the development and periodic review of investment policy.
3. Evaluate the adequacy of each Portfolio’s current and target asset allocation to meet projected liabilities, and, if necessary, provide guidance on any changes in each Fund’s asset allocation.
4. Recommend investment managers based upon target asset allocation.
5. On a quarterly basis, analyze the performance of the overall allocation relative to its benchmark for the same time period(s).
6. Monitor the performance of the Investment Manager(s) on a quarterly basis to provide the Committee with the ability to determine the progress toward the investment objectives. Performance will be assessed on a gross and net of fee basis, relative to an appropriate peer group, index and investment policy benchmark returns.
INVESTMENT MANAGER(S)
Each Investment Manager will have full discretion to make all investment decisions for the assets placed under its jurisdiction, while observing and operating within all policies, guidelines, constraints, and philosophies as outlined in this Policy. Specific responsibilities of the Investment Manager(s) shall include:
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Title: District Financial Assets – Statement of Code: B0106 Investment Policy, Objective and Guidelines
1. Discretionary investment management including decisions to buy, sell, or hold individual Securities within the guidelines established in this Statement.
2. Reporting, on a timely basis, quarterly investment performance results.
3. Communicating any major changes to economic outlook, investment strategy, or any other factors which affect implementation of investment process, or the investment objective progress of the College’s investment management.
4. Informing the Committee regarding any qualitative change to investment management organization: Examples include changes in portfolio management personnel, ownership structure, investment philosophy, etc.
5. Voting proxies on behalf of the College, and communicating such voting records to the Committee upon request.
INVESTMENT MANAGEMENT POLICY
The Investment Management Policy shall include the following principles:
1. Preservation of Capital - Consistent with their respective investment styles and philosophies, Investment Managers should make reasonable efforts to preserve capital, understanding that losses may occur in individual Securities.
2. Risk Aversion - Understanding that risk is present in all types of securities and investment styles, the Committee recognize that some risk is necessary to produce long-term investment results that are sufficient to meet the Portfolio’s objectives. However, the Investment Managers are to make reasonable efforts to control risk, and will be evaluated regularly to ensure that the risk assumed is commensurate with the given investment style and objectives. 3. Adherence to Investment Discipline - Investment Managers are expected to adhere to the Investment Management styles for which they were hired. Investment Managers will be evaluated regularly for adherence to investment discipline.
INVESTMENT OBJECTIVES
The College’s investment objectives, and its related performance in achieving those objectives, will be evaluated on at least an annual basis. In addition, progress towards
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Title: District Financial Assets – Statement of Code: B0106 Investment Policy, Objective and Guidelines
meeting these goals shall be reported annually to the Board in a format deemed most insightful by the Committee.
The Funds will be managed with the intention of obtaining the highest possible total return, while maintaining a prudently acceptable level of risk and maximizing income to meet the operating needs of the College.
The College’s financial goals are to:
1. Maintain sufficient liquidity and preserve capital to fund ongoing operational needs,
2. Maximize income.
SPECIFIC INVESTMENT GOALS
It is expected that the aggregate College assets will meet or exceed these objectives:
1. Outperform blended benchmark on a risk-adjusted basis including target annual returns net of fees over a market cycle (three to five years).
2. Achieve competitive investment results. The goal of each Investment Manager is to meet or exceed the market index, or blended market index that most closely corresponds to the style of investment management for that Product.
3. Provide consistent investment returns. The compounding of positive returns on a year-by-year basis is a fundamental long-term goal of the College.
4. Risk tolerance: So long as there is sufficient liquidity to meet ongoing cash needs, the College may tolerate very modest fluctuations in portfolio value to realize higher income return. Risk factors will be reviewed at least once a year by the Committee and Board.
CONSTRAINTS
While a certain investment strategy is employed to manage the financial assets of the College, this strategy is written within the context of specific investment constraints, namely: liquidity requirements, investment horizon, regulatory and legal constraints, tax considerations and, finally, unique circumstances.
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Title: District Financial Assets – Statement of Code: B0106 Investment Policy, Objective and Guidelines
LIQUIDITY REQUIREMENTS
To minimize the possibility of a loss occasioned by the sale of a Security forced by the need to meet a required payment, the Vice President of Finance will periodically provide the Investment Committee an estimate of expected net cash flow, and invest in accordance with cash flow needs.
INVESTMENT HORIZON
Under the going-concern assumption, the College’s investment horizon is theoretically infinite. However, the majority of obligations is tied to the financing of ongoing operations of the College, and therefore has an investment horizon that ranges from very short to intermediate term, depending on the specific purpose and characteristics of the investment fund.
REGULATORY AND LEGAL CONSTRAINTS
Wis. Stat. § 66.0603 governs investment activities for technical college school districts, with very specific constraints as noted throughout this policy.
TAX CONSIDERATIONS
The MATC is a State of Wisconsin school district, and is not subject to federal or state income tax.
UNIQUE CIRCUMSTANCES
None.
MARKETABILITY OF ASSETS
The College shall invest in liquid Securities, defined as Securities that can be transacted quickly and efficiently for the Fund with minimal impact on market price.
INVESTMENT GUIDELINES
These are generally limited to cash, cash equivalents, fixed income securities and mutual funds investing in fixed income securities. Those selected for the Funds should be well-diversified and must meet the specific requirements of Wis. Stat. § 66.0603. Investments selected for the College should be well diversified and should emphasize reasonable and stable returns. Page 6 of 11
Title: District Financial Assets – Statement of Code: B0106 Investment Policy, Objective and Guidelines
Allowable Assets
1. Wisconsin School District Liquid Asset Fund.
2. Wisconsin Local Government Pooled-Investment Fund.
3. Wisconsin Cooperative Liquid Asset Security System (CLASS).
4. Time deposits in any financial institution authorized to conduct business in Wisconsin with maturities not to exceed three years.
5. Federal Government & Agency Bonds with maturities not to exceed seven years.
6. Wisconsin Municipal Bonds with maturities not to exceed seven years.
7. Other Fixed Income investments with maturities from the date of purchase not to exceed seven years, that carry a credit rating which is the highest or second highest according to Standard & Poor’s or Moody’s, or, if that security is senior to, or on a parity with, a security of the same issuer which has such a rating.
8. No-load Fixed Income Mutual Funds or Investment Trusts with underlying holdings limited to:
a. Bonds and securities issued by the federal government or a commission, board or other instrumentality of the federal government
b. Bonds that are guaranteed as to principal and interest by the federal government or a commission, board or other instrumentality of the federal government.
c. Repurchase agreements that are fully collateralized by bonds or securities.
Prohibited Assets
1. Common and preferred stock
2. Equity mutual funds
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POLICY
Title: District Financial Assets – Statement of Code: B0106 Investment Policy, Objective and Guidelines
Authority: Wis. Stats. § 66.04 (2); Investment Original Adoption: 8/22/95 Company Act of 1940; 15 USC 80a-1 11/26/13 through 80a-64; Board Minutes, 8/22/95; Effective: 11/27/13 11/26/96; 4/27/04; 11/26/13
3. Real Assets (commodities, real estate)
4. Limited Partnerships and Limited Liability Companies treated as partnerships for income tax purposes
a. Private Equity
b. Hedge Funds
5. International Investments (equity, fixed income, currency, developed, emerging, frontier)
6. Derivative investments (options, futures, forwards, swaps, etc.)
7. Rights or royalty contracts
Prohibited Transactions
Prohibited transactions include the following:
1. Short Selling
2. Margin Transactions
3. Derivative Investments
ASSET ALLOCATION GUIDELINES
Investment management of the assets shall be in accordance with the following asset allocation guidelines:
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Title: District Financial Assets – Statement of Code: B0106 Investment Policy, Objective and Guidelines
Asset Class Criteria Benchmark
Core Fixed Income Cash needs less than 3 Barclays 1-5 Year years Gov/Credit Short Term Fixed Income Cash needs less than 1 year Barclays 1-3 Year Gov/Credit Ultra-Short Fixed Income Cash needs less than 6 Citigroup Treasury 1 months Year Cash and Cash Equivalents Cash needs less than 30 Citigroup 3 Month T-bill days
PORTFOLIO DIVERSIFICATION
Guidelines for Product Diversification
Securities held in the Fund need not represent a cross section of the U.S. capital markets. However, in order to achieve a prudent level of portfolio diversification, the Securities of any one company or government agency should not exceed 10% (at cost) of a manager’s total Product. Individual U.S. Treasury Securities may represent 100% of the total Product, and treasury bonds and notes may represent up to 100% of the Fund’s aggregate bond position.
Guidelines for Fixed Income Investments and Cash Equivalents
1. Fund assets may be invested only in marketable fixed income instruments rated AA (or equivalent) or better by at least one rating agency at the time of purchase.
2. Fund assets may be invested in highly liquid short-term investments.
3. Fund assets may also be invested in mutual or investment trust funds which comply with these restrictions, and those noted above under Allowable Investments.
INVESTMENT MANAGER PERFORMANCE SELECTION, REVIEW AND EVALUATION
Managers will be selected by the Committee, and reviewed on a quarterly basis, with a periodic review by the Board. A qualifying Investment Manager must be a state, national bank or trust company. Managers shall be selected on the basis of prudent due diligence procedures. Investment performance reviews of all Investment Managers will be conducted quarterly to ascertain progress of each manager versus the return
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Title: District Financial Assets – Statement of Code: B0106 Investment Policy, Objective and Guidelines
objectives. The quarterly reports will cover four basic areas: (1) returns, (2) comparisons of returns to benchmarks and a statistical universe of similar portfolios, (3) diagnostic risk analyses, and (4) compliance with relevant policies and objectives. Additionally:
1. The Manager must provide historical quarterly performance data compliant with Global Investment Performance Standards (GIPS®), Securities & Exchange Commission (“SEC”), and Financial Industry Regulatory Agency (“FINRA”) rules, as appropriate.
2. The Manager must provide detailed information on the history of the firm, key personnel, support personnel, key clients, and fee schedule (including most favored nation clauses).
3. The Manager must clearly articulate the investment strategy that will be followed and document that the strategy has been successfully adhered to over time.
4. The Manager must confirm receipt, understanding and adherence to this Policy Statement and any investment specific policies by signing a consent form provided to the Manager prior to the investment of assets.
The Committee reserves the unilateral right to terminate an Investment Manager at any time for any reason. Certain circumstances or events, a non-exhaustive list of which is outlined below, may trigger termination or other action by the Committee.
1. Disappointing manager performance
a. Investment performance which is significantly less than anticipated given the discipline employed and the risk parameters established, or unacceptable justification of poor results
b. A trend analysis that indicates that the downside risk of the portfolio has increased. The analysis will rely heavily on analyzing the manager’s historical trend in performance relative to its benchmark, then comparing the historical trend to recent performance in order to determine the factors that are hindering performance.
2. Failure to adhere to any aspect of this Statement, including communication and reporting requirements
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Title: District Financial Assets – Statement of Code: B0106 Investment Policy, Objective and Guidelines
3. Qualitative Changes in Investment Manager
a. Turnover of portfolio manager or other personnel significant to the portfolio management process.
b. Ownership change.
c. Involvement in relevant regulatory investigation or litigation.
4. Deviation from Investment Methods relative to Historical Record
a. Aggregate assets in product are insufficient to ensure broad diversification, efficient trading and economies of scale.
b. Assets in product grow too large to be managed in manner similar to methods that built historical record.
c. Portfolio characteristics do not match stylistic expectations.
d. Increase in fees
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POLICY
Title: Post-Employment Benefits Trust (OPEB) – Code: B0107-1 Statement of Investment Policy, Objectives and Guidelines Original Adoption: 11/27/13 Revised/Reviewed: 11/26/13 Authority: Effective: 11/27/13
LEGAL REQUIREMENTS
MATC finances its operations and long-term obligations through a number of different reserves and investment pools. MATC is subject to the laws that govern technical college school districts in the State of Wisconsin. Its investment policies and activities are governed and constrained in the State of Wisconsin under Wis. Stat. § 66.0603. Under § 66.0603(1m)(b)5., funds held in trust for the purpose of post-employment benefits may be invested in accordance with Wis. Stat. § 881.01, the Wisconsin Uniform Prudent Investor Act.
PURPOSE
The purpose of this Statement of Investment Policy, Objectives and Guidelines (Policy) is to provide clear guidelines for the management of the investment assets of MATC (College) for the Post-Employment Benefits Trust (OPEB). The Policy will guide and assist the Board of Directors and the OPEB Oversight Committee (OOC) in the discharge of their duties with respect to the maintenance and enhancement of the investment funds of the OPEB.
DEFINITIONS
1. “OPEB” or “Trust” shall mean the investable assets of the Post-Employment Benefits Trust.
2. “Board”, “Board of Directors” or “Directors” shall mean the Board of Directors of MATC which has final authority over and responsibility for the administration and management of the Trust.
3. “Committee” shall mean the OPEB Oversight Committee (OOC), who directs the administration and investment management of the Trust’s assets under the authority of the Board and consistent with this Policy.
4. “Investment Manager” shall mean any individual, group of individuals or organization employed to manage the investments of all or part of the Trust’s assets.
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Title: Post-Employment Benefits Trust (OPEB) – Code: B0107 Statement of Investment Policy, Objectives and Guidelines
5. “Investment Consultant” shall mean any individual, group of individuals or organization employed to provide advisory services, including advice on investment objectives and/or asset allocation, research, manager search, and performance monitoring.
6. “Securities” shall refer to the marketable investment securities which are defined as acceptable in this statement.
7. “Investment Horizon” shall be the time period over which the investment objectives, as set forth in this statement, are expected to be met.
8. “Product”, in reference to an investment vehicle, shall mean an individual fund or style of account managed by an investment manager. Examples of a product include a mutual fund, publicly traded fund, unit investment trust (UIT), exchange traded fund (ETF), or separately managed account for a specific style/asset class. An Investment Manager may manage several different products, each one distinct for purposes of this Statement.
OPEB OVERSIGHT COMMITTEE
1. The Committee is responsible for the investment and administration of the OPEB’s assets. Specifically, the Committee is charged by the Board to perform the following responsibilities and functions as it relates to the Trust: Periodically review investment objectives and policies appropriate to the Trust’s financial goals and policies, and recommend changes to the Board. Such policies will include, but not be limited to, asset allocation and spending policy decisions.
The Committee is comprised of the Vice President of Finance, District Board Formatted: Font: (Default) Arial Treasurer and General Counsel. The Controller may stand in for the Vice President of Finance in the event that person is not available. The President of the college may also appoint members to replace the other two positions in the event of their absence. 2. The Committee is comprised of the Vice President of Finance, Treasurer and Representative.
3.2. Adopt appropriate benchmarks for the evaluation of managers, as well as determine the overall strategy, and report to the Directors on performance relative to the benchmarks at least annually.
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Title: Post-Employment Benefits Trust (OPEB) – Code: B0107 Statement of Investment Policy, Objectives and Guidelines
4.3. Retain, with the approval of the Board, an Investment Consultant on overall policy and strategy issues, who will monitor Investment Manager(s) and/or funds and adviseadvice and act on their selection, and who will analyze performance relative to the Trust’s goals and policies, financial markets and competitive alternatives.
5.4. Any routine removal and replacement of existing managers will be directed by the Consultant, with periodic notification to the Committee. Any changes in strategic allocation or asset class level strategy will be directed by the Committee under advisement of the Consultant.
6.5. Monitor the performance of the Investment Consultant.
7.6. Report regularly on these matters to the full Board of Directors and/or its Executive Committee.
INVESTMENT CONSULTANT(S)
The Committee may retain an Investment Consultant as an advisor to the Committee. The responsibilities of the Investment Consultant shall include:
1. Provide investment advice concerning the investment management of the Trust, which is consistent with the investment objectives, policies, guidelines and constraints as established in this Policy, with the guidelines and mandates of the Board, and with applicable legal and regulatory requirements.
2. Assist in the development and periodic review of investment policy.
3. Evaluate the adequacy of the Trust’s current and target asset allocation to meet projected liabilities, and, if necessary, provide guidance to assist in the timing of any changes in each Fund’s asset allocation. 4. Recommend investment managers based upon the Trust’s target asset allocation, and based upon the Investment Consultant’s analysis of the manager’s qualifications after proper due diligence examination.
5. Have discretion to act for the routine removal and replacement of Investment Manager(s) where necessary, conduct investment manager searches for new managers when requested by the Committee, and conduct due diligence with respect to all investment managers so recommended. Any change to the
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Title: Post-Employment Benefits Trust (OPEB) – Code: B0107 Statement of Investment Policy, Objectives and Guidelines
strategic allocation, including additions or removals of asset-class level investment strategies, must be approved by the committee.
6. On a monthly basis, provide custodial statements that detail and summarize account flow, asset valuation, including both cost basis and market value, and transaction data.
7. On at least a quarterly basis, analyze the performance of the overall allocation relative to its benchmark for the same time period(s).
8. Monitor the performance of the Investment Manager(s) on at least a quarterly basis to provide the Committee with the ability to determine the progress toward the investment objectives. Performance will be assessed on a gross and net of fee basis, relative to an appropriate peer group, index and investment policy benchmark returns.
9. Communicate matters of policy, manager research and manager performance to the Committee.
10. Review College investment history, historical capital markets performance and the contents of this Investment Policy Statement with any newly appointed members of the Committee.
INVESTMENT CONSULTANT EVALUATION/TERMINATION
With the approval of the Board, the Committee shall offer to Investment Consultant a contract to advise and oversee the College’s investments, and provide the intended services. The Investment Consultant’s performance in achieving the intended goals shall be evaluated at the discretion of the Committee, but at a minimum annually. Termination of the Investment Consultant’s contract shall require the approval of the Board.
INVESTMENT MANAGER(S)
Each Investment Manager will have full discretion to make all investment decisions for the assets placed under its jurisdiction, while observing and operating within all policies, guidelines, constraints, and philosophies as outlined in this Policy. Specific responsibilities of the Investment Manager(s) shall include:
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Title: Post-Employment Benefits Trust (OPEB) – Code: B0107 Statement of Investment Policy, Objectives and Guidelines
1. Discretionary investment management including decisions to buy, sell, or hold individual Securities within the guidelines established in this Statement.
2. Reporting, on a timely basis, quarterly investment performance results.
3. Communicating any major changes to economic outlook, investment strategy, or any other factors which affect implementation of investment process, or the investment objective progress of the Fund’s investment management.
4. Informing the Investment Consultant and/or Committee regarding any qualitative change to investment management organization: Examples include changes in portfolio management personnel, ownership structure, investment philosophy, etc.
5. Voting proxies on behalf of the Fund, and communicating such voting records to the Committee upon request.
INVESTMENT MANAGEMENT POLICY
The Trust’s Investment Management Policy shall include the following principles: 1. Preservation of Capital - Consistent with their respective investment styles and philosophies, Investment Managers should make reasonable efforts to preserve capital, understanding that losses may occur in individual Securities.
2. Risk Aversion - Understanding that risk is present in all types of securities and investment styles, the Committee recognize that some risk is necessary to produce long-term investment results that are sufficient to meet the Fund’s objectives. However, the Investment Managers are to make reasonable efforts to control risk, and will be evaluated regularly to ensure that the risk assumed is commensurate with the given investment style and objectives.
3. Adherence to Investment Discipline - Investment Managers are expected to adhere to the Investment Management styles for which they were hired. Investment Managers will be evaluated regularly for adherence to investment discipline.
4. Long-term Investment Orientation - While the Investment Horizon for the Trust is generally long-term in nature, investment performance expectations as detailed in this policy statement will be evaluated over a full market cycle (which typically
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Title: Post-Employment Benefits Trust (OPEB) – Code: B0107 Statement of Investment Policy, Objectives and Guidelines
lasts from 3-5 years). While the general orientation is long-term, certain accounts may have liquidity requirements that will vary. 4. Formatted: Normal, Left, No bullets or numbering, Pattern: Clear INVESTMENT OBJECTIVES
The Trust’s investment objectives, and its related performance in achieving those objectives, will be evaluated over a five year annualized return period. In addition, progress towards meeting these goals shall be reported annually to the Board in a format deemed most insightful by the Committee.
The Trust will be managed with the intention of obtaining the highest possible total return, while maintaining a prudently acceptable level of risk and maximizing income to meet the long-term needs of the beneficiaries of the Trust. The investment strategy of the Trust is to emphasize total return; that is, the aggregate return from capital appreciation and dividend and interest income.
The College’s financial goals for the OPEB are to:
1. Preserve its real (i.e., inflation-adjusted) purchasing power, after accounting for investment returns, expenses, investment management fees and inflation,
2. Contribute to the Trusts’ real growth (after expenses and inflation)
3. Provide current income to support ongoing payments to beneficiaries.
SPECIFIC INVESTMENT GOALS
It is expected that the Trust will meet or exceed these objectives:
1. Outperform blended benchmark on a risk-adjusted basis including target annual returns net of fees over a market cycle (three to five years).
2. Achieve competitive investment results. The goal of each Investment Manager is to meet or exceed the market index, or blended market index, recommended by the Investment Consultant and agreed upon by the Committee that most closely corresponds to the style of investment management for that Product. 3. Provide consistent investment returns. The compounding of positive returns on a year-by-year basis is a fundamental long-term goal of the Trust.
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Title: Post-Employment Benefits Trust (OPEB) – Code: B0107 Statement of Investment Policy, Objectives and Guidelines
4. Risk tolerance: Given the Trust’s future income and liquidity needs and its long- term investment horizon, the College can accept moderate fluctuations in annual returns and overall market value of the assets in pursuit of long-term growth.
CONSTRAINTS
While a certain investment strategy is employed to manage the Trust, this strategy is written within the context of specific investment constraints, namely: liquidity requirements, investment horizon, regulatory and legal constraints, tax considerations and, finally, unique circumstances.
LIQUIDITY REQUIREMENTS
To minimize the possibility of a loss occasioned by the sale of a Security forced by the need to meet a required payment, the Finance Director on behalf of the Committee will periodically provide Investment Consultant with an estimate of expected net cash flow, and invest in accordance with cash needs.
INVESTMENT HORIZON
Under the going-concern assumption, the Trust’s investment horizon is theoretically infinite. However, consideration should be given to the level and timing of the Trust’s anticipated financial commitments. Taking into account that Trust commitments can normally be predicted with significant lead time, a long-term investment horizon is reasonable to assume.
REGULATORY AND LEGAL CONSTRAINTS
Investments selected for the Trust should be well-diversified and satisfy the standards of the Wisconsin Uniform Prudent Investor’s Act – Wis. Stat. § 881.01. Investments selected for the Trust should be well diversified and should emphasize reasonable, stable returns and not speculation.
TAX CONSIDERATIONS
The MATC is a State of Wisconsin technical school district, and is not subject to federal or state income tax.
UNIQUE CIRCUMSTANCES
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Title: Post-Employment Benefits Trust (OPEB) – Code: B0107 Statement of Investment Policy, Objectives and Guidelines
None
MARKETABILITY OF ASSETS
The Fund shall invest in liquid Securities, defined as Securities that can be transacted Formatted: Font: (Default) Arial quickly and efficiently for the Fund with minimal impact on market price. The Fund may also invest a portion of the assets in alternative investments that are not readily marketable and do not have daily liquidity.
The Fund shall invest in liquid Securities, defined as Securities that can be transacted quickly and efficiently for the Fund with minimal impact on market price.
INVESTMENT GUIDELINES
Allowable Assets
1. Cash Equivalents
Treasury Bills Money Market Funds Commercial Paper Banker’s Acceptances Repurchase Agreements Short-term Fixed Income Mutual Funds Certificates of Deposit Euro Time Deposits
2. Fixed Income Securities
U.S. Government and Agency Securities Corporate Notes and Bonds Mortgage Backed Securities Preferred Stock Collateralized Mortgage Obligations Guaranteed Investment Contracts (GIC) State and Municipal Issues Fixed Income Securities of Foreign Governments and Corporations Euro Bonds – Dollar denominated
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Title: Post-Employment Benefits Trust (OPEB) – Code: B0107 Statement of Investment Policy, Objectives and Guidelines
Asset-Backed Securities Mutual Funds / ETFs – Fixed Income
3. Equity Securities
Common Stocks Convertible Notes and Bonds Convertible Preferred Stocks American Depository Receipts (ADRs) of Non-U.S. Companies Stocks of Non-US Companies (Ordinary Shares) Mutual Funds / ETFs – Equity
4. Alternative Assets
Mutual Funds, ETFs and UITs – Commodities, derivatives, currencies and real estate Direct Real Estate Investments Private Equity Formatted: Justified, Indent: Left: 1", Hanging: 0.5", Reinsurance Add space between paragraphs of the same style, Tab stops: 1.5", List tab + Not at 0.75" Prohibited Assets
Prohibited investments include direct ownership of the following:
1. Commodities and Futures Contracts
2. Options
3. Precious Metals
4. Hedge Funds
5. Oil, gas or other mineral leases
6. Rights or royalty contracts
Direct investment in the above does not include ownership of the same via mutual fund, ETF or UIT.
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Title: Post-Employment Benefits Trust (OPEB) – Code: B0107 Statement of Investment Policy, Objectives and Guidelines
Prohibited Transactions
Prohibited transactions include the following:
1. Short Selling 2. Margin Transactions
3. Derivative Investments
ASSET ALLOCATION GUIDELINES
Asset allocation guidelines will be reviewed annually by the Committee. The guideline is based on research and recommendations provided by the Investment Consultant, and approved by the Committee. Investment management of the assets of the Trust shall be in accordance with the asset allocation provided in Schedule A.
REBALANCING
The need for rebalancing Trust will be reviewed at least annually based on range tolerances and market conditions.
PORTFOLIO DIVERSIFICATION
Guidelines for Product Diversification
Securities held in the Trust need not represent a cross section of the economy. However, in order to achieve a prudent level of portfolio diversification, the Securities of any one company or government agency should not exceed 10% (at cost) of a manager’s total product (as defined herein), and no more than 40% of the total product should be invested in any one industry sector. Individual U.S. Treasury Securities may represent 50% of the total Product, while the total allocation to treasury bonds and notes may represent up to 100% of the Fund’s aggregate bond position.
Guidelines for Fixed Income Investments and Cash Equivalents
1. Fund assets may be invested only in marketable fixed income instruments rated BBB (or equivalent) or better by at least one rating agency at the time of purchase. However, Fund fixed income assets shall not have more than 20% of total Portfolio assets by market value invested in Securities currently rated less than BBB (or equivalent), regardless of the rating at the time of purchase.
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Title: Post-Employment Benefits Trust (OPEB) – Code: B0107 Statement of Investment Policy, Objectives and Guidelines
2. Fund assets may be invested in highly liquid short-term investments.
3. Fund assets may also be invested in mutual or common trust funds which also comply with these restrictions. One exception to this would be for mutual funds whose mandate is to invest in high yield bonds, in which case it may be up to 100% of the fund. Such a fund or funds must not exceed 20% of the overall portfolio.
SELECTION OF INVESTMENT MANAGERS
The Investment Consultant shall recommend to the Committee, on the basis of prudent due diligence procedures, which together shall select Investment Manager(s). A qualifying Investment Manager must be a registered investment advisor under the Investment Advisors Act of 1940, or a bank or insurance company. Additionally:
1. The Manager must provide historical quarterly performance data compliant with Global Investment Performance Standards (GIPS®), Securities & Exchange Commission (“SEC”), and Financial Industry Regulatory Agency (“FINRA”) rules, as appropriate.
2. The Manager must provide detailed information on the history of the firm, key personnel, support personnel, key clients, and fee schedule (including most favored nation clauses).
3. The Manager must clearly articulate the investment strategy that will be followed and document that the strategy has been successfully adhered to over time.
INVESTMENT MANAGER PERFORMANCE REVIEW AND EVALUATION
Managers will be reviewed by the Committee on a quarterly basis, with a periodic review by the Board. Investment performance reviews of all Investment Managers will be conducted quarterly to ascertain progress of each manager versus the return objectives. The quarterly reports will cover four basic areas: (1) returns, (2) comparisons of returns to benchmarks and a statistical universe of similar portfolios, (3) diagnostic risk analyses, and (4) compliance with relevant policies and objectives. The Investment Consultant will generate such reports quarterly for review with the Committee.
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Title: Post-Employment Benefits Trust (OPEB) – Code: B0107 Statement of Investment Policy, Objectives and Guidelines
The Consultant and the Committee reserve the unilateral right to terminate an Investment Manager at any time for any reason. Certain circumstances or events, a non-exhaustive list of which is outlined below, may trigger termination or other action.
Disappointing manager performance
a. Investment performance which is significantly less than anticipated given the discipline employed and the risk parameters established, or unacceptable justification of poor results
b. A trend analysis that indicates that the downside risk of the portfolio has increased. The analysis will rely heavily on analyzing the manager’s historical trend in performance relative to its benchmark, then comparing the historical trend to recent performance in order to determine the factors that are hindering performance.
2. Failure to adhere to any aspect of this Statement, including communication and reporting requirements
3. Qualitative Changes in Investment Manager
a. Turnover of portfolio manager or other personnel significant to the portfolio management process.
b. Ownership change.
c. Involvement in relevant regulatory investigation or litigation.
4. Deviation from Investment Methods Relative to Historical Record
a. Aggregate assets in product are insufficient to ensure broad diversification, efficient trading and economies of scale.
b. Assets in product grow too large to be managed in manner similar to methods that built historical record.
c. Portfolio characteristics do not match stylistic expectations.
d. Increase in fees STANDARD OF CARE
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Title: Post-Employment Benefits Trust (OPEB) – Code: B0107 Statement of Investment Policy, Objectives and Guidelines
MATC wishes to establish a standard of care policy for all persons described in the investment policy, including employees, investment advisors and trustees.
The standard of care to be applied shall be the "prudent person" rule which states: "Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived."
All persons involved in the investment process shall refrain from personal business activity that could conflict with the proper execution and management of the investment program, or that could impair their ability to make impartial decisions.
No person acting on behalf of the College in an investment and oversight function shall receive in any manner, compensation of any kind, from any investments from the sellers, sponsors or managers of such investments. However, these provisions shall not prohibit such individuals in investing in the same securities, or with the same investment managers, as the College.
INVESTMENT POLICY REVIEW Formatted: Font: (Default) Arial
The OPEB Oversight Committee shall review this Statement at least annually.
This Statement is adopted effective October 1, 2017 by the MATC Board of Directors.
Vice Chairperson Treasurer
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POLICY
Title: CAPITAL ASSET ACCOUNTING Code: B0108
Authority: Board Minutes, 9/16/91; 10/28/97; 01/24/17 Original Adoption: 9/16/91 Revised/Reviewed: Effective: 01/24/17
It is the policy of the Board that the District’s capital assets be accounted for in accordance with generally accepted accounting principles applicable to governmental entities. However, such generally accepted accounting principles do not prescribe the standard categories of capital assets, the estimated useful life of each category, or the minimum requirements for capitalization.
The Board recognizes the need for a formal, written policy regarding the accounting of capital assets. The policy would define the standard categories of assets, the estimated useful life of each category, the prescribed method of depreciation (straight-line), and the minimum requirements for capitalization. Additionally, the policy would establish the importance of periodic capital asset physical inventories and accounting for capital asset dispositions. Such a uniform policy should provide more structure and greater control over the accountability for assets. It should also result in more representative balance for capital assets in the financial statements. Accordingly, the Board hereby establishes the following uniform policy for the accounting of capital assets.
I. FUNDS AND ACCOUNT GROUPS
A. In General, the financial statements of the District are organized on the basis of funds and account groups, each of which is considered a separate accounting entity. The District’s capital assets are accounted for in either the General Capital Assets Account Group or the Enterprise Funds. All the funds and account groups are described below.
B. Governmental Funds, consist of the General Fund, Special Revenue Fund, Debt Service Fund, and Capital Projects Fund. These funds account for the financial operations of most of the District’s instructional and related activities. Consistent with generally accepted accounting principles, capital assets of Governmental Funds are accounted for in the General Capital Assets Account Group.
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Title: CAPITAL ASSET ACCOUNTING POLICY Code: B0108
C. Proprietary Funds, which consist of Enterprise Funds, account for the television operations, food service centers, bookstores, child care, and other on-going activities that are similar to those often found in the private sector. Capital assets used in the Enterprise Funds are recorded at cost or estimated historical cost and depreciated on a straight-line basis over their estimated useful lives as set forth below.
D. Fiduciary Funds consist of Expendable Trust Funds, Non-Expendable Trust Funds and Agency Funds. The Funds account for assets held by the District for student organizations, governmental units, or private organizations. Fiduciary Funds generally do not include any capital assets.
E. Account Groups:
1. The General Capital Assets Account Group accounts for all capital assets used for District operations other than those accounted for in the Enterprise Funds. Costs incurred for the purchase or construction of general capital assets are recorded as capital outlay expenditures in the Capital Project Fund.
Capital assets will be reported at their original cost (or fair market value at the time of donation) along with related accumulated depreciation until disposal.
2. The General Long-Term Obligation Account Group accounts for all long-term obligations of the District.
II. STANDARD CATEGORIES OF CAPITAL ASSETS
The capital assets of the District are classified in the following standard categories:
A. Land and land improvements; B. Buildings, building improvements, and leasehold improvements; C. Fixed Equipment, or D. Moveable Equipment
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Title: CAPITAL ASSET ACCOUNTING POLICY Code: B0108
III. DEPRECIATION
A. All depreciable capital assets of the District shall be depreciated over their estimated useful lives using the straight-line method of depreciation.
B. Land, exclusive of improvements, is not depreciated.
C. Buildings are depreciated on a straight-line basis over their estimated useful lives. The estimated salvage value shall be zero and the estimated useful lives generally shall be forty years, except as otherwise determined by the District based on all available information.
D. Land improvements and building improvements are depreciated on a straight-line basis over their estimated useful lives. The estimated salvage value shall be zero and the estimated useful lives generally shall be twenty years, except as otherwise determined by the District based upon all available information. Leasehold improvements are amortized on a straight-line basis over their estimated useful lives. The estimated salvage value shall be zero and the estimated useful lives generally shall be twenty years. However if the remaining term of the lease is less than twenty years, the estimated useful life is limited to the remaining term of the lease.
E. Equipment and furniture are depreciated on a straight-line basis over their estimated useful lives. The estimated salvage value shall be zero and the estimated useful lives shall be five years for computer, software, audio- visual, motor vehicles, and ten years for all other equipment and furniture, except as otherwise determined by the District based upon all available information.
IV. CAPITALIZATION POLICY
A. Historical Cost. Consistent with generally accepted accounting principles all capital assets are valued at historical cost or estimated cost or estimated historical cost if their historical cost is not available. Donated capital assets are valued at their estimated fair value on the date donated.
B. Minimum Capitalization Requirements.
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Title: CAPITAL ASSET ACCOUNTING POLICY Code: B0108
1. Capitalization. Costs for any item, unit, or set are to be capitalized if they equal or exceed in the aggregate, a minimum valuethreshold of $1,000 and:
a. acquire an item with a useful life of more than two years; and/or
b. add value to a capital asset; and/or
c. prolong the useful life of a capital asset for more than two years; and/or
d. adapt a capital asset to a new or different use.
The minimum threshold for capitalization shall be increased to $2,000 for FY2018-19 and $5,000 for FY2019-20 and beyond. Costs that do not meet these capitalization requirements shall be expended.
2. Repairs. Costs of repairs and maintenance that keep capital assets in ordinary efficient operating condition during the assets normal lifecycle shall be expended. However, if the repair arrests the deterioration and prolongs the life of the capital asset for more than two years, it shall not be expended, but, instead shall be capitalized, provided its costs meets the $1,000minimum dollar threshold described above.
3. Noncapital items. Common expenditures that do not qualify for capitalization include, but are not limited to: maintenance agreements, warranties, and relocation of existing capital assets.
C. Land and Buildings. The purchase price or the cost of construction. Also includes other charges such as legal and title fees, closing costs, appraisal fees, surveying, land preparation costs, demolition costs, and architect fees.
D. Land and Building Improvements.
1. Improvements or remodeling that adds items and services which did not exist prior to the remodeling; for example:
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Title: CAPITAL ASSET ACCOUNTING POLICY Code: B0108
a. air conditioning
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Title: CAPITAL ASSET ACCOUNTING POLICY Code: B0108
b. elevator c. fire alarm system d. sprinkler system e. acoustical treatment f. surveillance and security equipment g. sidewalks
2. Remodeling that increases the structural or functional aspects of the land or a building; for example:
a. removal, relocation, or upgrading of walls or partitions b. upgrade of lighting c. improvement to roof structure d. repaving parking lots
3. Replacement of major building systems or portions of building components; for example:
a. replacement of light fixtures in a section of a building b. replacement of plumbing fixtures in a section of a building c. replacement of electrical wiring in a building d. replacement of carpeting in a section of a building e. replacement of the air conditioning system f. replacement of floor covering in a section of a building
E. Fixed and Moveable Equipment.
Any item, unit or set, which costs $1,000 or more that in aggregate, meets the minimum dollar threshold and has a useful life of two years or more is to be capitalized.
1. Ancillary costs, such as freight, installation, and setup, should be capitalized.
2. Equipment accessories and modifications which add costs to an item that is already a $1,000 capital itemasset should be capitalized.
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Title: CAPITAL ASSET ACCOUNTING POLICY Code: B0108
V. CAPITAL ASSETS INVENTORY
A. To provide reasonable assurance that the accounting records reflect materially the total value of capital assets reported in the financial statements, periodic cycle counts of capital assets shall be taken.
B. Wherever practical, capital assets having acquisition values equal to or greater than $5,000 shall be assigned MATC property identification tags in order to facilitate the taking of periodic cycle counts.
C. Information technology (IT) network infrastructure assets, including servers, switches, and hubs shall be assigned MATC property identification tags regardless of acquisition value.
D. Computers, mobile devices, copier/faxes, and network printers shall be assigned MATC property identification tags regardless of acquisition value. This tagging requirement does not apply to computer monitors acquired for less than $5,000.
E. Equipment records in the capital assets database should include purchase order numbers or voucher numbers for tracking purposes.
F. Capital assets that cannot be found during cycle counts must be written off in the accounting records. The capital asset database will be updated for other changes that are noted such as physical location changes.
VI. CAPITAL ASSET DISPOSITIONS AND TRANSFERS
A. Capital asset custodians shall be responsible for safeguarding all capital assets assigned to their departments. This includes capital assets that are no longer needed by the department and are waiting to be disposed or transferred.
B. Capital assets that are no longer needed by the District are to be disposed through sale by bid, trade-in, or scrapping. Donating capital assets no longer needed by the District is not allowed. These surplus capital assets shall be disposed of according to procedure GG0201 established by the District. Capital assets to be transferred to a different area of the College should be transferred in accordance with procedure GG0201 established by the District.
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Title: CAPITAL ASSET ACCOUNTING POLICY Code: B0108
Capital assets to be transferred to a different area of the College should be transferred in accordance with Formatted: Normal, Indent: Left: 0", Right: 0", Space procedure GG0201 established by the District. Before: 0.45 pt, Line spacing: single
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POLICY
Title: CONTRACTS FOR SERVICES Code: B0301
Authority: Wis. Stats. § 38.04(14); 38.14(3); Original Adoption: 2/16/83 Formatted: Font: (Intl) Arial 118.15(2)(a and c); WTCSB Formatted: Font: (Intl) Arial Administrative Code, TCS Chapter 8; 9/25/07 Effective: Board Minutes, 2/16/83; 1/22/85; 1/21/86; 9/26/07 Formatted: Font: Arial 10/25/88; 4/22/91; 7/20/92; 5/24/93; Formatted: Font: (Intl) Arial 3/28/95; 11/16/99; 8/22/00; 9/23/03; Formatted: Font: Arial 9/25/07
Pursuant to the provisions of Wis. Stats. § 38.14 (3) and Chapter TCS 8 of the Wisconsin Administrative Code, the MATC District Board may enter into contracts to provide services to businesses and industries, local governments, public and private educational institutions and under certain conditions to foreign governments and businesses not operating in Wisconsin.
CLASSIFICATION OF CONTRACTS
All contracts for service will be classified as (1) within district; (2) out of district, but within State; and (3) foreign governments or businesses. Contracts will be subject to the following provisions:
A. Within District:
MATC may contract with businesses, industries and other organizations located within its district. The delivery of such services shall be in accordance with an annual business outreach plan. The plan shall be developed on the basis of a needs assessment, an assessment of training capability, the identification of other potential service providers, and the strategy for service delivery.
The pricing of service provided by the district shall be established so as to make every effort to recover 100 percent of direct costs and the administrative costs associated with the Office of Corporate Learning (OCL) MATC’s Workforce Solutions on an annual aggregate basis. In no case shall the cost recovery on individual contracts be less than an amount equivalent to cover tuition and fees for aidable instructional contracts needing aid. The president or the president’s designee have the authority to approve contract pricing at less than 100 percent of direct and administrative cost recovery per Procedure BB0301. In addition, some contract pricing may exceed 100 percent of direct and administrative cost as determined by prevailing market conditions so as to not unfairly compete with other public and private vendors of similar services.
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Title: CONTRACTS FOR SERVICES Code: B0301
B. Out of District, But Within State:
MATC may contract with a service recipient located outside the district, but within the State. MATC will notify the President of the district where the service recipient is located of the existence of said contract within 30 days of its initiation. Pricing guidelines for these contracts shall be the same as those established for in-district.
C. Out of District, But Not Operating Within the State:
MATC may contract with a foreign government or any business which is not operating in this state, if it demonstrates that the district will receive a direct and measurable benefit from the contract and that the contract will not result in a reduction in the quality of education by the district and if all of the following conditions are met:
1. For contracts with a foreign government, the contract satisfies all the provisions of Policy D0109 (International Programming). 2. The contract meets all of the requirements for a District Board contract. 3. The contract provides for full cost recovery so that no direct or indirect costs, per the WTCS Board prescribed formula, will be funded by the District. 4. The Finance Division will conduct an audit, on at least an annual basis, to determination that no state aids or district tax funds are spent in the execution of the contracts.
CONTRACT DEVELOPMENT AND REVIEW
A review process will be established to ensure consistent application of MATC policies and state regulations. Contracts may be initiated by designated personnel responsible for external contracting activity. Each contract will be assessed for compliance by the president’s designee prior to execution. Contracts not subject to 100 percent direct and administrative cost recovery per Procedure BB0301 must have prior approval by the President or his/her designee.
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Title: CONTRACTS FOR SERVICES Code: B0301
ASSURANCE OF NON‐DISCRIMINATION
The district shall require contractual assurances that the service recipient does not discriminate on the basis of age, race, color, sex, creed, handicap, political persuasion, ancestry, or sexual orientation against:
A. Any employee or applicant for employment, in regard to hire, tenure or term, condition or privilege of employment except where there is a bona fide occupational qualification.
B. Any student or any applicant for enrollment in regard to admission or privilege of enrollment.
STUDENT DISPLACEMENT
District residents currently on waiting lists to enter MATC programs or courses may not be displaced by “slotting” an employee or student of a contracting party into a regularly scheduled course or program. For purposes of furthering programs federally legislated, such as affirmative action, etc., the district board may approve programs intended to reserve slots as appropriate. Supplementary courses such as establishment of additional sections on a contractual basis is not construed as displacement.
EMPLOYEE RESTRICTIONS
No MATC employee may receive additional salary, benefits or reimbursement for work performed pursuant to a contract for services where the employee is already being compensated for the same work by MATC. Subject to the previous conditions, employees may receive additional salary, benefits, or reimbursement pursuant to a contract for service provided that such employment is consistent with district board Policy C0700 (Employee Code of Ethics).
RECEIPT OF REVENUES
All payments received by the district from a service recipient through a contract for services must be deposited into a district account.
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Title: CONTRACTS FOR SERVICES Code: B0301
ALTERNATIVE SERVICE PROVIDERS
MATC shall assure that private sector alternative service providers are given due consideration for fair competition in regard to pricing and service prior to the decision to enter into contracts.
PRIVATE SECTOR PROVIDER COMPLAINT AND APPEALS
Provisions for reviewing and handling private sector complaints are provided in Policy B0501 (Private Sector Use of District Property and Facilities).
A. MATC shall maintain a written private sector provider complaint and appeal process. The private sector relations committee, as provided for in Policy B0502, shall review disputes with private sector providers, which are forwarded to the district in writing regarding district outreach contracting. The committee shall issue an advisory opinion within 20 days, with a final decision rendered by the district within 30 days after receiving the dispute.
B. The private sector committee shall refer private sector provider disputes, which are appealed following a decision to the MATC board for final review.
REPORTING
MATC will maintain contracts on file pursuant to Wisconsin Statutes and comply with provisions of Wisconsin Administrative Codes as transmitted by WTCSB. MATC will submit reports in compliance with State Board requirements. All instructional contracts shall be in writing and in the format prescribed by Wisconsin Administrative Code. MATC staff will provide annually to the District Board a summary report of contracting cost recovery as determined by the WTCSB and a summary report of contracting direct and administrative cost recovery.
The MATC District Board shall receive a report of the contracts, which were entered into during the previous quarter for which less than full-cost is being charge. Full cost will be determined employing the methodology specified by the WTCSB. The report shall identify the estimated cost of each contract, the amount charged, and the rationale for charging less than full cost.
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POLICY
Title: PUBLICATION AND SALES OF PUBLISHED Code: B0400 MATERIALS - ROYALTIES, INVENTIONS, PATENTSINTELLECTUAL PROPERTY, Original Adoption: 6/12/68 PUBLICATIONS, AND COPYRIGHTS Revised/Reviewed: 6/17/70_____ Authority: Milwaukee Area Technical College Effective: 6/18/70_____ Faculty Appendix Agreement between the Milwaukee Area District Board of VTAE and the American Federation of Teachers Local 212, WFT, AFL-CIO July 1, 1977- June 30, 1980
MATC respect the rights of its faculty and staff to engage in activities that may result in creative works, inventions, publications or marks.
Intellectual Property, Publications and Copyrights Formatted: Font: Bold, Underline Formatted: Font: Bold, Underline Any intellectual property, creative works, and inventions created as part of MATC’s operations during working time and/or using MATC resources, such as Formatted: Font: Not Bold, No underline computer resources, laboratories, equipment or time of MATC faculty or staff, is Formatted: Font: Not Bold, No underline the property of the MATC District.
MATC is responsible for determining whether to register for patent, copyright or trademark protection for any particular invention, work or mark, and to pay the registration fees and costs associated with obtaining such patent or registration with the Copyright Office or the U.S. Patent & Trademark Office.
MATC employees retain ownership rights to any intellectual property, creative or inventive work completed prior to the start of employment with MATC, and any work created independently during the employee’s non-work time and without use of MATC resources. In order to avoid potential disputes, employees are encouraged to promptly disclose to MATC any ownership rights that he/she may assert in any pre-existing intellectual property, creative work, publication or invention as soon as possible.
Formatted: Font: Bold, Underline Publications, Licensure, and Royalties Formatted: Font: Bold, Underline For all creative works, devices, inventions and other intellectual property that result from the endeavors of MATC employees, or which result from the use of MATC resources, the College reserves all publication rights. MATC also reserves the right to make determinations regarding licensure of any work, including any patented device, following consultation with the employee(s) whose efforts contributed to the creation of the device. MATC will, in consultation with the
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Title: CONTRACTS FOR SERVICES Code: B0301
contributing employees, establish a reasonable rate for licensure and publication of any work.
In the event that a work is published or licensed and a royalty or license fee is paid to the College, MATC will provide the contributing employee(s) a fifty percent (50%) share of the net proceeds of publication or licensure royalty net income. If the work is the result of efforts of multiple employees, the employees will divide the 50% share of net proceeds in an equitable manner to be determined by the employees following consultation with MATC. If the employees are unable to reach agreement as to the allocation of the employee share of proceeds within a six-month period of time following receipt by MATC of the income, then the cumulative employee portion of proceeds will be donated to the MATC Foundation. The term “net proceeds” refers to the financial proceeds paid to MATC as a result of licensure or royalty fees received by MATC, less the College’s reasonable costs associated with production of the work (including publishing cost if the College is the publisher) as well as any costs assumed by MATC for securing patent or copyright protection, development of licensure and related documentation, and distribution of the work. This includes, but is not limited to, any fees or costs for legal services, editing services, bindery services, printing services and distribution costs.
See MATC Faculty Appendix. Materials or devices as part of the officially assigned teacher responsibility shall be the property of the District Board. Furthermore:
1. The District Board shall patent or copyright all such materials or devices in its own name; however, such items shall bear the name(s) of the creator(s).
2. All profits from the production of said material or devise shall be returned by the publisher or agent to the college. In order to stimulated such creations:
a. Fifty percent (50%) of the profits shall be distributed and returned to the innovator(s) and producer(s) of the materials or devices;
b. Fifty percent (50%) of the profits shall be placed in a research fund by the District Board.
When the materials or devices are created by an individual teacher on his or her own time, the following shall apply:
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Title: CONTRACTS FOR SERVICES Code: B0301
1. Any written material or patentable projects in the development form may be prepared at the college’s expense and sold through the bookstore at the cost of production and handling if used in MATC classes.
2. Such materials may be sold by MATC at cost to other Wisconsin vocational districts. However, these districts shall not have any reproduction rights.
3. The copyright and royalties are the property of the individual if the material has been created solely at the author’s expense on his or her own time.
Page 3 of 3 The college’s obligation to provide accommodation to an individual student or employee with a Formatted: Font: Bold disability is governed by the Americans with Disabilities Act and Section 504 of the Formatted: Font: Bold Rehabilitation Act.
POLICY
Title: PURCHASES FOR INDIVIDUALS Code: B0803
Authority: Board Minutes, 10/29/80 Original Adoption: 10/29/80 Revised/Reviewed: Effective: 10/29/81
Any purchase by MATC as an accommodation for any individual is prohibited.
The college’s obligation to provide accommodation to an individual student or employee with a Formatted: Font: Bold disability is governed by the Americans with Disabilities Act and Section 504 of the Formatted: Font: Bold Rehabilitation Act.
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POLICY
Title: MINORITY, WOMEN, DISADVANTAGED AND Code: B0804 EMERGING BUSINESS ENTERPRISE PROGRAM Original Adoption: 3/18/86 Revised/Reviewed: Authority: Board Minutes 3/18/86; 10/25/93; 1/27/04; Effective: 9/25/07
It is the policy of Milwaukee Area Technical College that business enterprises owned, operated and controlled by individuals with disabilities, minorities, women or the disadvantaged shall have the maximum opportunity to participate in the performance of contracts or purchases. Therefore, Milwaukee Area Technical College shall attempt to place a fair proportion of its acquisitions with emerging businesses or businesses owned, operated, and controlled by individuals with disabilities, women, minorities or the disadvantaged or with businesses who have as primary goal to employ individuals with such characteristics.
Emerging businesses or businesses owned, operated, and controlled by individuals with disabilities, women, minorities, the disadvantaged or businesses who have as a primary goal to employ individuals with such characteristics, shall also have the maximum practicable opportunity to participate as subcontractors in contracts.
MATC shall maintain a Business Enterprise Program whose specific objectives are
to maximize the participation of said businesses in MATC acquisitions and contracts; to support and encourage the development of said businesses; and to provide appropriate educational and technical assistance to support the successful continuation of said businesses.
The President or his/her designee shall be responsible for carrying out the commitment of the board concerning the implementation of this effort.
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POLICY
Title: PROCUREMENT PARTICIPATION BY Code: B0805 MINORITY, WOMEN, DISADVANTAGED, AND EMERGING BUSINESS ENTERPRISES Original Adoption: 7/27/88 Revised/Reviewed: Effective: Authority: Board Minutes, 7/27/88; 10/25/93; 1/27/04
Milwaukee Area Technical College recognizes that public contracting and procurement may mitigate against the effects of race, gender and disability discrimination and that such contracting and procurement encourages the development and capacity of emerging businesses or businesses owned, operated, and controlled by individuals with disabilities, minorities, women and the disadvantaged.
It is the policy of the Milwaukee Area Technical College district to encourage and initiate affirmative action measures. The purpose of this policy is to assist in the elimination of obstacles which may have previously prevented participation in the bidding process and discouraged the provision of goods and services by emerging businesses or businesses owned, operated and controlled by individuals with disabilities, minorities, women and the disadvantaged. The purpose is also to increase the opportunity for such firms to participate in procurement activities of the district. This can be accomplished, in part, by providing appropriate opportunities for such firms to participate in district procurements and contracts.
Therefore, the MATC procurement process will include a good faith effort to utilize such firms in awarding procurement contracts. Those businesses certified by the Wisconsin Department of Administration, the National Minority Business Directory or other agencies, will be recognized as MBE, WBE, DBE or EBE businesses. The district will encourage and initiate the following affirmative steps towards providing maximum opportunity and access to participate in procurement activities, including quotes, requests for proposals and bids:
1. Utilize local, state, and federal websites for current directories Maintain a current updated directory and mailing list which includes qualified and, available MBE/WBE/DBE/EBEs.
2. Organize, attend and participate in training sessions, workshops, conferences and seminars dealing with procurement and the use of MBE/WBE/DBE/EBEs.
3. Advertise, whenever appropriatepossible, with trade associations, minority newspapers and other appropriate media to alert potential suppliers and
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contractors of opportunities.
4. Maintain records of MBE/WBE/DBE/EBEs contacted for procurements to documents the opportunities provided for participation.
5. Encourage participation of MBE/WBE/DBE/EBEs by direct invitation to compete for contracts.
6. Time the preparation of bids, whenever possible, so as to facilitate participation by MBE/WBE/DBE/EBEs.
7.6. Divide bids or requests for proposals, whenever possible, into smaller components, thereby facilitating the use of MBE/WBE/DBE/EBEs.
Annually, the Vice President, Finance shall report to the MATC Board of Directors progress on these procurement activities and on procurement participation by business enterprise classification and ethnicity.
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POLICY
Title: Corporate Sponsorships Code: B0904
Board Minutes, 1/27/04 Original Adoption: 1/27/04 Revised/Reviewed: 8/31/08 Effective: ????
The Milwaukee Area Technical College District Board and administration believes that financial support of the college activities and events through Corporate Sponsorships is appropriate. Corporate Sponsorships are vehicles of public-private partnership to provide resources to support students and the needs of MATC’s district. To ensure the integrity of MATC’s mission and purposes, it is imperative that relationships with sponsorship relationships shall be are managed in accordance with the guidelines listed below. This policy does not apply to MATC’s Public Television Stations and student media, including the MATC Student Newspaper, The Times.
1. If sponsorship is to be exclusive for a particular product or business service category, the sponsorship must be publicly procured following MATC’s procurement guidelines (bid, RFP, quote, etc.) through MATC’s Purchasing Department, and may deviate from guidelines described here, as delineated in formal agreement with sponsor, and as approved by the MATC District Board.
2. Non-exclusive sponsorships need not be publicly procured but must be available at a standard sponsorship amount by product or business service category and documentation must be provided that all other known qualified vendors in that category have been offered an opportunity to participate on a non-exclusive basis.
3. Recognition of sponsorship is a public expression of appreciation for the sponsorship; however, such recognition may not be in the form of providing advertising or business services to the sponsor.
4. Unless otherwise agreed, recognition of sponsorship grants no right to the sponsor to engage in sales on the campus or to solicit sales on the campus.
5. Sponsorship recognition should be site and event specific for the activity or event being sponsored and directed only at those participating or attending.
6.5. Acknowledgement of sponsorship must not imply MATC endorsements of the sponsor’s product or services.
7.6. Unless otherwise agreed, aAcknowledgement of sponsorship must not make use of MATC’s name other than through a separate licensing agreement authorizing such use.
7. Acknowledgement does not grant a right to the sponsor for the display of its products or services at the event or activity. Formatted: List Paragraph, Left, Right: 0", No bullets 8. Where a sponsorship agreement includes naming rights, exterior and interior or numbering, Tab stops: Not at 0.81" signage the will be designed in a manner that is consistent with the college’s Page 1 of 2
branding and signage guidelines.
Administration of this policy statement and the establishment of procedures for its implementation are assigned to the Vice President of Advancement and Communication and the Vice President of , Finance, who must both be consulted prior to soliciting a sponsor or sponsors for an event. The terms of any sponsorship
Page 2 of 2 Title: Corporate Sponsorships Code: B0904 must be specified in a written agreement signed by the event sponsor and the authorized representative of the department or organization. The signed agreement will be sent to the Vice President, Finance for final approval.
Page 3 of 2 Attachment 6-c
POLICY
Title: EQUAL OPPORTUNITY, HARASSMENT AND Code: C0200 NONDISCRIMINATION
Authority: Board Minutes: 5/30/73; 6/15/83; 6/23/87; Original Adoption: 5/30/73 5/18/92; 5/23/94; 2/21/95; 3/26/97; Revised/Reviewed: 10/22/13 8/25/98; 11/27/07; 10/26/10; 10/22/13 Effective: 10/23/13
Milwaukee Area Technical College (MATC) affirms its commitment to promote the goals of fairness and equity in all aspects of the educational enterprise. All concerns arising under this policy are subject to resolution using the college’s Equity Grievance Process. The Equity Grievance Process is applicable regardless of the status of the parties involved, who may be members or non-members of the campus community, students, student organizations, faculty, administrators and/or staff. The college reserves the right to act on incidents occurring on-campus. The college also reserves the right to act on incidents occurring off-campus, when the off-campus conduct could have an on- campus impact or impact on the educational mission of the college.
This policy applies to behaviors that take place on the campus, at college-sponsored events and may also apply off-campus and to actions online when the Title IX Coordinator or Associate Vice President of Human Resources determines that the off- campus conduct affects a substantial college interest. A substantial college interest is defined to include, but is not limited to:
a) Any action that constitutes criminal offense as defined by federal, state or local law. This includes, but is not limited to, single or repeat violations of any local, state or federal law committed in any municipality where MATC is located;
b) Any situation where it appears that the accused individual may present a danger or threat to the health or safety of self or others;
c) Any situation that significantly impinges upon the rights, property or achievements of self or others or significantly breaches the peace and/or causes social disorder; and/or
d) Any situation that is detrimental to the educational interests of the college.
e) Any online postings or other electronic communication, including cyber- bullying, cyberstalking, cyber-harassment, etc. occurring completely outside of MATC’s control (e.g. not on college networks, websites or between college email accounts) will only be subject to this policy when those online behaviors can be shown to cause a substantial on-campus disruption. Otherwise, such communications are considered speech protected by the 1st Amendment.
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Title: EQUAL OPPORTUNITY, HARASSMENT AND Code: C0200 NONDISCRIMINATION
Inquiries about this policy may be made internally to:
Associate Vice President, Human Resources and Labor Relations Formatted: Indent: Left: 0" Milwaukee Area Technical College 700 West State Street, Room M254 Milwaukee, WI 53233-1443 414-297-6867
Title IX Coordinator Vice President of Student Services Milwaukee Area Technical College 700 West State Street, Room M278 414-297-7227
Inquiries may be made externally to:
Office for Civil Rights (OCR) U.S. Department of Education 400 Maryland Avenue, SW Washington, DC 20202-1100 Customer Service Hotline #: (800) 421-3481 Facsimile: (202) 453-6012 TDD#: (877) 521-2172 Email: [email protected] Web: http://www.ed.gov/ocr
Equal Employment Opportunity Commission (EEOC) Contact: http://www.eeoc.gov/contact/
1. College Policy on Nondiscrimination
MATC adheres to all federal and state civil rights laws banning discrimination in public institutions of higher education. MATC will not discriminate against any employee, applicant for employment, student or applicant for admission on the basis of race, color, sex, pregnancy, political affiliation, source of income, place of business, residence, religion, creed, ethnicity, national origin (including ancestry), citizenship status, physical or mental disability, age, marital status, family responsibilities, sexual orientation, gender, gender identity, veteran or military status (including special disabled veteran, Vietnam-era veteran, or recently separated veteran), predisposing genetic characteristics, domestic violence victim status or any other protected category under applicable local, state or federal law, including protections for those opposing
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Title: EQUAL OPPORTUNITY, HARASSMENT AND Code: C0200 NONDISCRIMINATION
discrimination or participating in any complaint process on campus or within the Equal Employment Opportunity Commission or other human rights agencies.
This policy covers nondiscrimination in employment and in access to educational opportunities. Therefore, any member of the campus community, guest or visitor who acts to deny, deprive or limit the educational, employment, and/or social access, benefits and/or opportunities of any member of the campus community on the basis of their actual or perceived membership in the protected classes listed above is in violation of the college’s policy on nondiscrimination. When brought to the attention of the college, any such discrimination will be appropriately remedied by the college according to the procedures below.
2. College Policy on Discriminatory Harassment
Students, staff, administrators, and faculty are entitled to a working environment and educational environment free of discriminatory harassment. MATC’s harassment policy is not meant to inhibit or prohibit educational content or discussions inside or outside of the classroom that include germane, but controversial or sensitive subject matters. The sections below describe the specific forms of legally prohibited harassment that are also prohibited under college policy. a. Discriminatory and Bias-Related Harassment
Harassment constitutes a form of discrimination that is prohibited by law. MATC’s harassment policy explicitly prohibits any form of harassment on the basis of actual or perceived membership in a protected class, by any member or group of the community, which creates a hostile environment, both objectively and subjectively.
A hostile environment may be created by oral, written, graphic, or physical conduct that is sufficiently severe, persistent or pervasive so as to interfere with, limit or deny the ability of an individual to participate in or benefit from educational programs or activities or employment access, benefits or opportunities. Merely offensive conduct and/or harassment of a generic nature not on the basis of a protected status may not result in the imposition of discipline under college policy, but may be addressed through remedial actions, education and/or effective conflict resolution mechanisms.
MATC condemns and will not tolerate discriminatory harassment against any employee, student, visitor or guest on the basis of any status protected by college policy or law.
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Title: EQUAL OPPORTUNITY, HARASSMENT AND Code: C0200 NONDISCRIMINATION
b. Sexual Harassment
Both the Equal Employment Opportunity Commission (EEOC) and the State of Wisconsin regard sexual harassment as a form of sex/gender discrimination and, therefore, as an unlawful discriminatory practice. MATC has adopted an amended version of the EEOC definition of sexual harassment, in order to address the special environment of an academic community, which consists not only of employer and employees, but of students as well.
Sexual harassment is:
unwelcome, sexual or gender-based verbal, written or physical conduct that is, sufficiently severe, persistent or pervasive that it, has the effect of unreasonably interfering with, denying or limiting employment opportunities or the ability to participate in or benefit from the college’s educational, social and/or residential program, and is based on power differentials (quid pro quo), the creation of a hostile environment or retaliation.
POLICY EXPECTATIONS WITH RESPECT TO CONSENSUAL RELATIONSHIPS
There are inherent risks in any romantic or sexual relationship between individuals in unequal positions (such as faculty and student, supervisor and employee). These relationships may be less consensual than perceived by the individual whose position confers power. The relationship also may be viewed in different ways by each of the parties, particularly in retrospect. Furthermore, circumstances may change, and conduct that was previously welcome may become unwelcome. Even when both parties have consented at the outset to a romantic or sexual involvement, this past consent may not remove grounds for a later charge of a violation of applicable sections of this policy. The college does not wish to interfere with private choices regarding personal relationships when these relationships do not interfere with the goals and policies of the college. For the personal protection of members of this community, relationships in which power differentials are inherent (faculty-student, staff-student, administrator- student) are generally discouraged.
Consensual romantic or sexual relationships in which one party maintains a direct supervisory or evaluative role over the other party are unethical. Therefore, persons with direct supervisory or evaluative responsibilities who are involved in such relationships must bring those relationships to the timely attention of their supervisor, and will likely result in the necessity to remove the employee from the supervisory or
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Title: EQUAL OPPORTUNITY, HARASSMENT AND Code: C0200 NONDISCRIMINATION
evaluative responsibilities, or shift a party out of being supervised or evaluated by someone with whom they have established a consensual relationship. While no relationships are prohibited by this policy, failure to self-report such relationships to a supervisor as required can result in disciplinary action for an employee. c. Sexual Misconduct
State law defines various violent and/or non-consensual sexual acts as crimes. Additionally, MATC has defined categories of sexual misconduct, as stated below, for which action under this policy may be imposed. Generally speaking, MATC considers Non-Consensual Sexual Intercourse violations to be the most serious, and therefore typically imposes the most severe sanctions, including suspension or expulsion for students and termination for employees. However, MATC reserves the right to impose any level of sanction, up to and including suspension or expulsion/termination, for any act of sexual misconduct or other gender-based offenses based on the facts and circumstances of the particular complaint. Acts of sexual misconduct may be committed by any person upon any other person, regardless of the sex, gender, sexual orientation and/or gender identity of those involved. Violations include:
i. Sexual Harassment
Defined as: unwelcome, sexual or gender-based verbal, written or physical conduct that is, sufficiently severe, persistent or pervasive that it, has the effect of unreasonably interfering with, denying or limiting employment opportunities or the ability to participate in or benefit from the university’s educational, social and/or residential program, and is based on power differentials (quid pro quo), the creation of a hostile environment or retaliation.
ii. Non-Consensual Sexual Intercourse
Defined as: any sexual penetration or intercourse (anal, oral or vaginal) however slight with any object by a person upon another person that is without consent and/or by force
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Title: EQUAL OPPORTUNITY, HARASSMENT AND Code: C0200 NONDISCRIMINATION
Sexual penetration includes vaginal or anal penetration by a penis, tongue, finger or object, or oral copulation by mouth to genital contact or genital to mouth contact.
iii. Non-Consensual Sexual Contact
Defined as: any intentional sexual touching however slight with any object by a person upon another person that is without consent and/or by force
Sexual touching includes any bodily contact with the breasts, groin, genitals, mouth or other bodily orifice of another individual, or any other bodily contact in a sexual manner.
iv. Sexual Exploitation
Sexual Exploitation refers to a situation in which a person takes non- consensual or abusive sexual advantage of another, and situations in which the conduct does not fall within the definitions of sexual harassment, non- consensual sexual intercourse or non-consensual sexual contact. Examples of sexual exploitation include, but are not limited to: Sexual voyeurism (such as watching a person undressing, using the bathroom or engaged in sexual acts without the consent of the person observed) Taking pictures or video or audio recording another in a sexual act, or in any other private activity without the consent of all involved in the activity, or exceeding the boundaries of consent (such as allowing another person to hide in a closet and observe sexual activity, or disseminating sexual pictures without the photographed person’s consent) Prostitution Sexual exploitation also includes engaging in sexual activity with another person while knowingly infected with human immunodeficiency virus (HIV) or other sexually transmitted disease (STD) and without informing the other person of the infection, and further includes administering alcohol or drugs (such as “date rape” drugs) to another person without his or her knowledge or consent.
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Title: EQUAL OPPORTUNITY, HARASSMENT AND Code: C0200 NONDISCRIMINATION
v. Consent
Consent is knowing, voluntary and clear permission by word or action, to engage in mutually agreed upon sexual activity. Since individuals may experience the same interaction in different ways, it is the responsibility of each party to make certain that the other has consented before engaging in the activity. For consent to be valid, there must be a clear expression in words or actions that the other individual consented to that specific sexual conduct.
A person cannot consent if he or she is unable to understand what is happening or is disoriented, helpless, asleep or unconscious for any reason, including due to alcohol or other drugs. An individual who engages in sexual activity when the individual knows, or should know, that the other person is physically or mentally incapacitated has violated this policy.
It is not an excuse that the individual respondent of sexual misconduct was intoxicated and, therefore, did not realize the incapacity of the other. Incapacitation is defined as a state where someone cannot make rational, reasonable decisions because they lack the capacity to give knowing consent (e.g., to understand the “who, what, when, where, why or how” of their sexual interaction). This policy also covers a person whose incapacity results from mental disability, involuntary physical restraint and/or from the taking of incapacitating drugs.
Consent to some sexual contact (such as kissing or fondling) cannot be presumed to be consent for other sexual activity (such as intercourse). A current or previous dating relationship is not sufficient to constitute consent. The existence of consent is based on the totality of the circumstances, including the context in which the alleged incident occurred and any similar previous patterns that may be evidenced. Silence or the absence of resistance alone is not consent. A person can withdraw consent at any time during sexual activity by expressing in words or actions that he or she no longer wants the act to continue, and, if that happens, the other person must stop immediately.
In Wisconsin, a minor (meaning a person under the age of 18 years) cannot consent to sexual activity. This means that sexual contact by an adult with a person younger than 18 years old is a crime, as well as a violation of this policy, even if the minor wanted to engage in the act. Formatted: Font: Bold vi. Statutory Compliance Formatted: Numbered + Level: 1 + Numbering Style: i, ii, iii, … + Start at: 1 + Alignment: Right + Aligned at: 0.5" + Indent at: 0.75" Formatted: Indent: Left: 0.5", No bullets or numbering Page 7 of 10
Title: EQUAL OPPORTUNITY, HARASSMENT AND Code: C0200 NONDISCRIMINATION
MATC shall comply with Section 38.12 Wis. Stats., by incorporating in its orientation program for newly entering student’s oral and written information on sexual assault and sexual harassment. Furthermore, MATC shall provide written information to every student annually. Coordination of compliance with this legislation is the responsibility of the Vice President of Student Services.
The MATC District Board shall annually submit a report to the Chief Clerk of each house of the legislature for distribution to the appropriate standing committees. This report shall indicate the methods the district board has used to comply with the requirements for both newly entering students and all students as required by the law.
The Wisconsin Technical College System District Board prohibits and will not tolerate the harassment of any employee or student by supervisory personnel, co- workers, students, or visitors. Formatted: Indent: Left: 0"
3. Other Civil Rights Offenses, When the Act is Based Upon the Status of a Protected Class
Threatening or causing physical harm, extreme verbal abuse or other conduct which threatens or endangers the health or safety of any person on the basis of their actual or perceived membership in a protected class Discrimination, defined as actions that deprive other members of the community of educational or employment access, benefits or opportunities on the basis of their actual or perceived membership in a protected class Intimidation, defined as implied threats or acts that cause an unreasonable fear of harm in another on the basis of actual or perceived membership in a protected class Hazing, defined as acts likely to cause physical or psychological harm or social ostracism to any person within the college community, when related to the admission, initiation, pledging, joining, or any other group-affiliation activity (as defined further in the hazing policy) on the basis of actual or perceived membership in a protected class; hazing is also illegal under Wisconsin Statute 948.51 and prohibited by college policy Bullying, defined as repeated and/or severe aggressive behavior likely to intimidate or intentionally hurt, control or diminish another person, physically or mentally on the basis of actual or perceived membership in a protected class
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Title: EQUAL OPPORTUNITY, HARASSMENT AND Code: C0200 NONDISCRIMINATION
Violence between those in an intimate relationship to each other on the basis of actual or perceived membership in a protected class (this includes romantic relationships, domestic and/or relationship violence) Stalking, defined as a course of conduct directed at a specific person on the basis of actual or perceived membership in a protected class that is unwelcome and would cause a reasonable person to feel fear Any other College rules, when a violation is motivated by the actual or perceived membership of the victim in a protected class, may be pursued using this policy and process
4. Retaliation
Retaliation is defined as any adverse action taken against a person participating in a protected activity because of their participation in that protected activity. Retaliation against an individual for alleging harassment, supporting a complainant or for assisting in providing information relevant to a claim of harassment, is a serious violation of MATC policy and will be treated as another possible instance of harassment or discrimination. Acts of alleged retaliation should be reported immediately to the Vice President of Human Resources, the Title IX Coordinator, or designee and will be promptly investigated. MATC is prepared to take appropriate steps to protect individuals who fear that they may be subjected to retaliation.
5. Remedial Action
MATC will implement initial remedial and responsive actions upon notice of alleged harassment, retaliation and/or discrimination, and will take additional prompt remedial and/or disciplinary action with respect to any member of the community, guest or visitor who has been found to engage in harassing or discriminatory behavior or retaliation. Procedures for handling reported incidents are fully described in Procedure CC0200. Deliberately false and/or malicious accusations of harassment, as opposed to complaints which, even if erroneous, are made in good faith, are just as serious an offense as harassment and will be subject to appropriate disciplinary action.
6. Confidentiality and Reporting of Offenses Under This Policy
MATC officials, depending on their roles at the college, have varying reporting responsibilities and abilities to maintain confidentiality. In order to make informed choices, one should be aware of confidentiality and mandatory reporting requirements when consulting campus resources. On campus, trained counselors acting in a crisis counseling role and EAP resources may maintain confidentiality, offering options and advice without any obligation to inform an outside agency or individual unless the reporting individual requested information to be shared.
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Title: EQUAL OPPORTUNITY, HARASSMENT AND Code: C0200 NONDISCRIMINATION
All other campus resources will take action when you report victimization to them, while making efforts to afford as much privacy to the reporter as possible under the circumstances and sharing information on a need to know basis. a. Reporting Options
Complainants are encouraged to speak to College officials, such as the Title IX Coordinator, Director of Student Life, director of Athletics, Human Resources staff, Campus Police, etc. to make formal reports of incidents of sexual misconduct. Complainants have the right, and can expect, to have complaints taken seriously by the college when formally reported, and to have those incidents investigated and properly resolved through these procedures. Formal reporting still affords privacy to the reporter, and only a small group of officials who need to know will be told. Information will be shared as necessary with investigators, witnesses and the accused student/respondent. The circle of people with this knowledge will be kept as tight as possible to preserve a complainant’s rights and privacy.
7. Federal Timely Warning Obligations
Victims of sexual misconduct should be aware that college administrators must issue timely warnings for incidents reported to them that pose a substantial threat of bodily harm or danger to members of the campus community. The college will make every effort to ensure that a victim’s name and other identifying information is not disclosed, while still providing enough information for community members to make safety decisions in light of the potential danger.
Page 10 of 10 This policy has been incorporated into the college’s Equal Opportunity, Harassment, and Non- Formatted: Font: Bold Discrimation Policy (Policy C0200). Formatted: Left Formatted: Font: Bold
POLICY
Title: HARASSMENT Code: C0201
Authority: Chapter 38, Wis. Stats.; Wis. Stats. § Original Adoption: 1/22/85 111.32; WTCSB TCS Chapter 6; Board Revised/Reviewed: 11/27/07 Minutes, 1/22/85; 5/23/94; 2/21/95; Effective: 11/28/07 3/25/97; 8/25/98; 12/14/99; 11/27/07
Milwaukee Area Technical College (MATC) actively complies with all applicable federal and state Equal Employment, Equal Education, and Affirmative Action laws, rules, executive orders, and policies Titles VI and VII of the Civil Rights Act of 1964 as amended, Title IX of the Educational Amendments Act of 1972, Section 504 of the Rehabilitation Act, the Americans With Disabilities Act of 1990, the Civil Rights Act of 1991, the Carl D. Perkins Vocational and Applied Technology Education Act, the Equal Pay Act of 1973, the Age Discrimination Act of 1967 and 1975, the Civil Rights Restoration Act of 1987, the Wisconsin Fair Employment law, and other appropriate laws and executive orders and/or administrative directives and codes including the Office for Civil Rights Guidelines for Eliminating Discrimination and Denial of Services on the Basis of Race, Color, National Origin, Sex, and Handicap in Vocational Programs (34 CFR, Part 100, Appendix B).
Employees, students, and visitors of MATC shall be allowed to function in an atmosphere which is free from harassment on the basis of race, age, religion, color, sex, national origin, disability, and any other legally protected status.
Harassment by employees or students on the basis of race, age, religion, color, sex, national origin, disability, or other protected status is an unlawful practice and is prohibited.
In this context, harassment is defined as verbal and/or physical conduct which prevents or impairs an individual's fair and unbiased access to employment or educational opportunities and benefits. The term "harassment" will also encompass "sexual harassment."
"Sexual harassment" means unwelcome sexual advances, unwelcome requests for sexual favors, unwelcome physical contact of a sexual nature, or unwelcome verbal or physical conduct of a sexual nature. "Sexual harassment" includes conduct directed by a person at another person of the same or opposite gender. "Unwelcome verbal or physical conduct of a sexual nature" includes but is not limited to the deliberate, repeated making of unsolicited gestures or comments of a sexual nature; the deliberate, repeated display of sexually graphic materials which is not necessary for business purposes; or deliberate verbal or physical conduct of a sexual nature, whether or not repeated, that is
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Title: HARASSMENT Code: C0201
sufficiently severe to interfere substantially with an employee's work performance or to create an intimidating, hostile, or offensive work environment.
This definition also applies when:
1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or enrollment; or
2. Submission to or rejection of such conduct by an individual is used as a basis for employment or academic decisions affecting the individual.
MATC shall comply with Section 38.12 Wis. Stats., by incorporating in its orientation program for newly entering student’s oral and written information on sexual assault and sexual harassment. Furthermore, MATC shall provide written information to every student annually. Coordination of compliance with this legislation is the responsibility of the President.
The MATC District Board shall annually submit a report to the Chief Clerk of each house of the legislature for distribution to the appropriate standing committees. This report shall indicate the methods the district board has used to comply with the requirements for both newly entering students and all students as required by the law.
The Wisconsin Technical College System District Board prohibits and will not tolerate the harassment of any employee or student by supervisory personnel, co-workers, students, or visitors.
Retaliation
MATC recognizes retaliation against an employee or student for filing harassment complaints against this institution or for opposing harassing practices to be a prohibited form of discrimination.
Any employee or student who engages in harassment, or retaliates against another employee or student because the employee or student made a report of harassment or participated in an investigation of a claim of harassment, is subject to immediate discipline, up to and including discharge or expulsion, as appropriate.
Any employee or student who believes that he or she has been the subject of prohibited harassment or retaliation should report the matter immediately to one of the following offices:
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Title: HARASSMENT Code: C0201
Associate Vice President Human Resources and Labor Relations Milwaukee Area Technical College 700 West State Street, Room M254 Milwaukee, WI 53233-1443 Phone: 414-297-6867
Title IX Coordinator Vice President of Student Services Milwaukee Area Technical College 700 West State Street, Room S214 Milwaukee, WI 53233-1433 Phone: 414-297-7227
Any such reports will be investigated promptly and be kept confidential within the bounds of our investigation and the law, in accordance with applicable administrative regulations and procedures.
If the complaint alleges harassment or retaliation by the Affirmative Action office or that the Affirmative Action office has failed to respond properly to a complaint, the complaint should be directed to the President/Designee of MATC.
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POLICY
Title: COMPLAINT PROCEDURES Code: C0202
Authority: Board Minutes, 6/30/76; 3/26/80 Original Adoption: 6/30/76 Revised/Reviewed: 3/26/80 Effective: 3/27/80
The administration of the Milwaukee Area Technical College shall establish and publicize complaint procedures for the resolution of all discrimination or other complaints against the district.
Review Process for Employee Complaints Policy- See Employee Handbook p. 103
Discipline, Discharge and Safety Appeal Process- See Employee Handbook p. 105
Process for Resolving Complaints of Harassment, Sexual Misconduct and Other Forms of Discrimination- See District Board Procedure CC0200
Non-Represented Employee Contracts: Coverage and Non-Renewal Process- See District Board Policy C0505
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POLICY
Title: EMPLOYEE SERVICES Code: C0500-1
Authority: Wis. Stats., §§ 38.04(4)(a); 38.12 (3) Original Adoption: 12/13/72 (a)(b), Board Minutes ______Revised/Reviewed: ______Effective: ______12/14/72
The Milwaukee Area Technical College District Board assumes the responsibility of employing and fixing the compensation of all Milwaukee Area Technical College personnel upon recommendations of the president.
Certification of teaching employees shall be subject to the approval of the state board and shall meet the requirements designated by the state board.
The president and staff shall design and execute such personnel procedures that will expedite the staffing of the Milwaukee Area Technical College.
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POLICY
Title: EMPLOYMENT CONTRACTS Code: C0501
Authority: Board Minutes, 9/16/81, ______Original Adoption: 9/16/81 Revised/Reviewed: ______Effective: 9/17/81______
All employees of the district shall have written documentation of their employment. This documentation shall be as follows:
President - written contract, including all fringe benefits; Faculty and Exempted PersonnelAdministrators - written contract or letter of employment; Classified - letter of employment.
The District Table of Organizational Chart shall be made publicly available.
There shall be written job descriptions for all positions.
All district personnel policies and practices shall reflect existing state and federal regulations, e.g., affirmative action, personnel records (confidentiality), and otherscomply with all federal, state and local laws.
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POLICY
Title: FACULTY HIRING - CREDENTIALING Code: C0502
Authority: Wis. Stats., §§ 38.12(7); 38.14; Wis. Original Adoption: 3/27/01 Administrative Code, Chapter TCS 6 Revised/Reviewed: 9/25/07 Effective: 9/26/07
The District Board assumes the responsibility of employing and establishing the compensation of all MATC personnel upon recommendation of the Ppresident. Compensation for represented employees is established by the Bboard through the collective bargaining process.
The Bboard further assumes the responsibility to ensureassure that the faculty as a body falls within the guidelines for faculty credentialing of appropriate accrediting agencies. Standards consistent with those guidelines shall be developed by the Ffaculty in academic departments and academic administrators subject to the approval of the Ppresident and the District Board.
In the case of programs accredited by state, regional or national accrediting agencies, the District Board shall ensureassure that credentialling standards for MATC’sits faculty and instructors are in compliance with the agencies' guidelines. Additionally, the Provost’s Office champions the Faculty Credential Review Committee (FCRC) to review all faculty credentials and approve them on the board’s behalf.
Certification of all teaching employees faculty shall be subject to the approval of the state board and shall meet the requirements designated by the Wisconsin Technical College System Board (WTCSB) as guided by the Faculty Quality Assurance System requirements.
The President, Provost, and staff, shall design and execute such personnel procedures that will expedite ensure the initial and ongoing credentialling of instructional staff faculty.
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POLICY
Title: NONREPRESENTED Code: C0505 EMPLOYEEADMINISTRATOR CONTRACTS: COVERAGE, AND NONRENEWAL PROCESS Original Adoption: 4/22/91 Authority: Wisconsin Administrative Code, TCS Revised/Reviewed: 6.60(5); Board Minutes, 4/22/91; 2/23/93; 4/17/12______8/27/96; 12/15/98; 4/17/12 Effective: ______4/18/12
Employment contracts are required for teachers, administrators and supervisors employed for thirty (30) hours or more per week under Wisconsin Administrative Code, TCS 6.06(5). In compliance with this provision, the College provides contracts to administrators and supervisors. Employees covered by this policy are subject to the following provisions:Employment contracts are required for certain employees under Wisconsin Administrative Code, TCS 6.06(5). In compliance with this, the district board provides employment contracts for certain nonrepresented employees. Nonrepresented certified employees covered by this policy are subject to the following provisions:
1. Coverage
a. Regular funded employees:
This policy applies to employees who are regularly scheduled to work 30 hours per week or more.
b. Special funded employees: This policy applies to special funded employees who are regularly scheduled to work 30 hours per week or more. However, the following provision will apply: employment contracts for special funded employees are dependent upon funding in whole or in part by external sources. These funding sources include federal and state agencies, grants, contracts for services, or related sources that are identifiable as being noncontinuing. Notwithstanding anything to the contrary in any board policy, employment contracts for special funded employees may be modified or terminated immediately should funding be affected.
c. Exclusion:
This policy is not applicable to the president, part-time or temporary employees, limited term employees, special appointments, or employees which the board may take action to exclude from coverage.
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Title: NONREPRESENTED Code: C0505 EMPLOYEEADMINISTRATOR CONTRACTS: COVERAGE, AND NONRENEWAL PROCESS
d. Probationary Period
Consistent with Policy C0508, all newly hired nonrepresented employeesadministrators and supervisors will be issued a contract which provides for a probationary period of six (6) months with an additional six (6) month extension if deemed appropriate. Such employees may be disciplined or discharged at any time during the probationary period. See Policy CO509.
2. Renewal/Nonrenewal
This procedure applies to certified employees administrators and supervisors. The president shall recommend to the district board that a contract either be renewed or not renewed. That recommendation may be based on numerous considerations including, but not limited to, performance appraisals, failure to conform to a performance improvement plan, and such other matters as may be deemed appropriate.
The district board may act on the president's recommendation so that a written preliminary notice of nonrenewal will be issued no later than April 28.
a. Appeal of Nonrenewal:
An employee who receives a preliminary notice of nonrenewal from the district board shall have the opportunity to appeal the decision. This appeal must be in writing and include the reasons for the appeal. The written notice must be received in the president's office no later than five (5) working days after the date of the preliminary notice of nonrenewal to be considered for appeal.
The district board will review and act on the employee's appeal. Review shall consist of a hearing to consider the documentation and any testimony supporting or contesting the decision to nonrenew. Following its review, the district board will issue a written disposition to uphold or reverse the decision. The district board shall provide final notice of nonrenewal by May 15. Furthermore, at the board's discretion, all documents relating to the nonrenewal may be modified or removed from all pertinent files and records, to the extent permitted by law.
3. Effective Date, Modifications
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Title: NONREPRESENTED Code: C0505 EMPLOYEEADMINISTRATOR CONTRACTS: COVERAGE, AND NONRENEWAL PROCESS
This policy is effective immediately upon its adoption and supersedes all prior policies on this matter. This policy is subject to modifications or rescission at any time by the district board.
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POLICY
Title: NONREPRESENTED Code: C0508 ADMINISTRATOR AND SUPERVISOR EMPLOYEE CONTRACTS COVERAGE SALARY Authority: Wisconsin Administrative Code, TCS Original Adoption: 12/15/98 6.06(5); Board Minutes, 4/22/91; 2/23/93, Revised/Reviewed: 8/27/96, 12/15/98; 10/26/99; 11/28/00; 4/17/12 11/20/01, 8/27/02; 5/24/05; 4/17/12
Employment contracts are required for teachers, administrators and supervisors employed for thirty (30) hours or more per week under Wisconsin Administrative Code, TCS 6.06(5). In compliance with this provision, the College provides contracts to administrators and supervisors. Employees covered by this policy are subject to the following provisions:Employment contracts are required for employees under Wisconsin Administrative Code, TCS 6.06(5). In compliance with this, the district board will provide employment contracts for nonrepresented employees subject to the following provisions:
1. Coverage
a. Regular funded employees:
This policy applies to employees who are regularly scheduled to work 30 hours per week or more.
b. Special funded employees:
This policy applies to special funded employees who are regularly scheduled to work 30 hours per week or more. However, the following provision will apply: employment contracts for special funded employees are dependent upon funding in whole or in part by external sources. These funding sources include federal and state agencies, grants, contracts for services, or related sources that are identifiable as being non-continuing. Notwithstanding anything to the contrary in any board policy, employment contracts for special funded employees may be modified or terminated immediately should funding be affected.
c. Exclusion:
This policy is not applicable to the president, executive vice president, part-time or temporary employees, special appointments, or employees which the board may take action to exclude from coverage.
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Title: NONREPRESENTED Code: C0508 ADMINISTRATORS AND SUPERVISOR EMPLOYEE
d. Probationary Period (Newly Hired Employees):
All newly hired nonrepresented employeessupervisors and administrators will be issued a contract which provides for a probationary period of six (6) months with an additional six-(6) month extension if deemed appropriate. Such employees may be disciplined or discharged at any time during the probationary period. See Discipline, Discharge and Safety Appeal Process, p. 105 of Employee Formatted: Not Expanded by / Condensed by Handbook; and New Employee Probationary Period Policy p. 13 of Employee Handbook Policy C0509.
2. Salary Structure
Placement and movement within the salary structure will be based upon salary administration procedures promulgated by Human Resources. The salary structure for nonrepresented employeessupervisors and administrators consists of eleven (11) pay bands. Salary placement and movement for exempt employees is governed by seven Formatted: Right: 0.32", Space Before: 3.45 pt (7) pay bands. Salary placement and movement for nonexempt employees is governed by four (4) pay bands.
3. Individual Employment Contract (Continuing Employees)
Individual employment contracts commence July 1, or employee hire date if later, and end June 30. Contracts shall be for a maximum of a one-year term. Such contract, when issued, may include professional improvement plan at the discretion of the president.
4. Layoff of Covered NonrepresentedAdministrators and Supervisors Employees
See Layoff and Recall Policy, p. 35 of Employee Handbook Formatted: Font: 12 pt
Formatted: Indent: Left: 0.67" An employee may be laid off during the term of the contract. Layoffs may occur for any reason deemed appropriate, including lack of funds, lack of work, or changes in, or elimination of program or job. An employee will be given a written notice of layoff 30 days preceding the effective date. If layoff occurs, the district shall not be liable for salary payments or benefits beyond the date of layoff, except for those benefits mandated by law or those described below. This layoff procedure shall not apply to probationary employees who may be terminated at any time and with or without cause. Page 2 of 3
Title: NONREPRESENTED Code: C0508 ADMINISTRATORS AND SUPERVISOR EMPLOYEE
5. Recall From Layoff
An employee will be eligible for recall should the former position be recreated or refilled. All recall rights expire six (6) months following date of layoff or at the expiration of employee’s contract, whichever is earlier. Expiration of recall rights
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Title: NONREPRESENTED Code: C0508 ADMINISTRATORS AND SUPERVISOR EMPLOYEE
extinguishes all employment contract related rights. A laid-off employee is entitled to continue, at the employee’s expense, group health plan coverage under the Consolidated Omnibus Budget Reconciliation Act (“COBRA”).
6.5. Transfer and Reassignment
The president or designee has the authority to transfer and/or reassign an employee covered by this policy.
7.6. Effective Date, Modifications
This policy is effective immediately upon its adoption and supersedes all prior policies on this matter. This policy is subject to modifications or rescission at any time by the district board.
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POLICY
Title: DISCIPLINE, DISCHARGE AND Code: C0509 WORKPLACE SAFETY APPEAL PROCESS Original Adoption: 9/27/11 Authority: Wisconsin Statute, Section 66.0509; Revised/Reviewed: ______6/23/15 Board
See Discipline, Discharge and Workplace Safety Appeal Process Policy in Employee Handbook. Formatted: Font: 12 pt Section 1 – Purpose
The purpose of this process is to comply with Wisconsin Statute, Section 66.0509, and to provide for the exclusive internal method of resolving all employee appeals concerning discipline, discharge and workplace safety.
Section 2 – Definitions
Advocate - An “Advocate” is defined as: an uninvolved person who knowingly and voluntarily without expectation of payment makes himself/herself available as a resource to the affected employee. The employee may have up to 2 advocates unless otherwise mutually agreed to. Advocates may be:
Another employee of the College (provided he/she is not the employee’s supervisor/manager and is not a witness to the situation being investigated); or An employee organization representative.
Appeal - Any appeal regarding discipline or workplace safety as defined in this policy. Employees eligible to bring appeals as set forth under this process are any full- time, part- time, temporary or limited term employee on the payroll of the District, and who has a personal appeal as defined in this policy.
Days - All days listed in this procedure are regular business days when the District is open for business, unless otherwise defined. Weekends, holidays and days when the District is closed for business are excluded.
Discipline - Employment action that includes oral or written discipline or performance and disciplinary non-renewal submitted to an employee’s personnel file, suspension without pay, disciplinary demotion, or disciplinary discharge. Discipline may not begin or continue when an employee is on an approved leave. In cases of less than 52 Page 1 of 7 week employees, discipline process may continue into these periods.
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Title: DISCIPLINE, DISCHARGE AND Code: C0509 WORKPLACE SAFETY APPEAL PROCESS
Pool - A group of employees consisting of VP-Student Services, VP-Academic Affairs (Provost), VP-Mequon Campus, VP-Oak Creek Campus, VP-West Allis Campus, VP-Finance, and AVP-Information Technology.
Workplace Safety - Conditions of employment relating to safety of the individual employee’s physical work environment, tools and equipment, protective equipment, training and warning requirements. All employees are encouraged to report unsafe conditions to public safety or by utilizing the Speak Up For Safety link on matc.edu. No determination relating to workplace safety involving an employee’s case or independent review by any state or federal agency or regulatory body may be the subject of an appeal. Safety appeals may be filed by an employee who is presently affected by the issue in conjunction with an advocate.
Section 3 - Covered Employees
Full-Time and Part-Time Employees (including limited term employees) - may be disciplined or discharged for just cause.
Probationary Employees- may be disciplined or discharged at any time, with or Formatted: Right: 0.28", Space Before: 3.35 pt, Line without cause, during the probationary period. spacing: Multiple 1.15 li
Section 4 - Appeal Process Formatted: Body Text, Indent: Left: 0", Right: 0.28", Space Before: 0 pt, Line spacing: Multiple 1.15 li Employees have the right to have an advocate at any step of the appeal process. An Formatted: Body Text, Right: 0.28", Space Before: 0 pt, Line spacing: Multiple 1.15 li employee may provide approval on the appeal form for the College to copy the Formatted: Indent: Left: 0.26", First line: 0", Right: advocate on all written decisions at all steps of this process. 0.28", Line spacing: Multiple 1.15 li Any time limit in the procedure may be extended by mutual consent in writing. Failure of the employer to communicate the decision on an appeal at any step of the procedure within the specified time limit shall permit the employee to submit an appeal at the next step of the procedure. Whenever it is necessary to hold hearings on an appeal during the work day, employees whose presence is deemed necessary by the employee or the College to properly process the appeal shall be allowed time without loss of salary. Formatted: Body Text, Right: 0.28", Space Before: 0 pt, Line spacing: Multiple 1.15 li
Formatted: Body Text, Indent: Left: 0", Right: 0.28", Line spacing: Multiple 1.15 li Page 3 of 7
Title: DISCIPLINE, DISCHARGE AND Code: C0509 WORKPLACE SAFETY APPEAL PROCESS
Formatted: Body Text, Right: 0.28", Space Before: 0 The final step for resolving discipline up to and including a written warning will be pt, Line spacing: Multiple 1.15 li Step 3. The final step for resolving discipline involving disciplinary suspensions, Formatted: Indent: Left: 0.26", First line: 0", Right: terminations, or workplace safety issues will be at District Board review as set forth 0.28" below.
Formatted: Body Text, Right: 0.28", Space Before: 0 pt, Line spacing: Multiple 1.15 li Step 1. Supervisor Formatted: Right: 0.28", Space Before: 3.35 pt, Line
spacing: Multiple 1.15 li Employees may discuss their appeals with their immediate supervisor directly and Formatted: Body Text, Right: 0.28", Space Before: 0 individually or accompanied by their advocate. These discussions should be conducted pt, Line spacing: Multiple 1.15 li during the meeting in which discipline is being administered to determine if any Formatted: Right: 0.28", Line spacing: Multiple 1.15 li resolution can be reached. In the event the disciplinary action is discharge, and no resolution is reached, the discharge is effective immediately. In the case of workplace safety, discussion should take place within five (5) days of the event of concern.
Step 2. Supervisor’s Immediate Supervisor Formatted: Right: 0.28", Space Before: 3.35 pt, Line spacing: Multiple 1.15 li If the appeal is not resolved satisfactorily, the employee may submit their appeal, in Formatted: Body Text, Right: 0.28", Space Before: 0 pt, Line spacing: Multiple 1.15 li writing, to the supervisor’s immediate supervisor within five (5) work days after Formatted: Right: 0.28", Line spacing: Multiple 1.15 li receipt of the discipline.
The supervisor’s immediate supervisor shall hear the appeal with the employee and Formatted: Space Before: 3.35 pt, Line spacing: his/her advocate within five (5) work days after the receipt of the appeal in writing. Multiple 1.15 li
Within five (5) work days after the hearing, the supervisor’s immediate supervisor Formatted: Right: 0.28", Space Before: 3.35 pt shall inform the employee in writing of his/her decision. Note: If the immediate supervisor is not the division head, Step 2 can be repeated at the request of the employee or division head.
Formatted: Body Text, Right: 0.28", Line spacing: Multiple 1.15 li Step 3. Pool Administrator Formatted: Right: 0.28", Space Before: 3.35 pt, Line
spacing: Multiple 1.15 li If the appeal is not resolved satisfactorily, the employee appeals in writing within ten Formatted: Body Text, Right: 0.28", Space Before: 0 (10) work days to the Associate Vice President of Human Resources. The employee pt, Line spacing: Multiple 1.15 li may provide three choices from the executive-level administrator list from outside their Formatted: Right: 0.28", Line spacing: Multiple 1.15 li division to review the case. Formatted: Space Before: 3.35 pt Page 4 of 7
Title: DISCIPLINE, DISCHARGE AND Code: C0509 WORKPLACE SAFETY APPEAL PROCESS
Formatted: Body Text, Right: 0.28", Line spacing: Multiple 1.15 li Formatted: Body Text, Indent: Left: 0", Right: 0.28", Line spacing: Multiple 1.15 li
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Title: DISCIPLINE, DISCHARGE AND Code: C0509 WORKPLACE SAFETY APPEAL PROCESS
Formatted: Body Text, Right: 0.28", Space Before: 0 Within ten (10) work days after the receipt of the appeal, the administrator shall hold a pt, Line spacing: Multiple 1.15 li hearing on the appeal. The employee and advocate are given notice as soon as the Formatted: Right: 0.28", Line spacing: Multiple 1.15 li hearing time and date are set and at least five (5) work days prior to the hearing. The employee and the College will be given an opportunity to present facts and reasons contesting or supporting the discipline before the administrator. The administrator shall consider the information presented by both sides and decide whether to uphold, alter, or dismiss the recommended discipline. Within five (5) work days after the hearing, the administrator shall inform the employee in writing of his/her decision. If the issue involves discipline other than discharge, it will be administered accordingly at the conclusion of this step.
Step 4. Review by Impartial Hearing Officer Formatted: Right: 0.28", Space Before: 3.35 pt, Line spacing: Multiple 1.15 li If the appeal involves a disciplinary suspension, a disciplinary discharge, a disciplinary Formatted: Body Text, Right: 0.28", Space Before: 0 pt, Line spacing: Multiple 1.15 li demotion or a workplace safety issue, as defined herein, the employee may appeal the Formatted: Line spacing: Multiple 1.15 li decision to an Impartial Hearing Officer (IHO). The appeal must be in writing to the Associate Vice President, Human Resources and Labor Relations within ten (10) working days of the issuance of the final decision set forth in Step 3. The appeal must include the name and signature of the appealing employee, a clear and concise statement of the action or decision being appealed, and reason(s) why the aggrieved employee disagrees with the action or decision. Employees at Steps 4 and 5 of this may be represented by legal counsel or other external third party advocate. However, in no event shall the District be responsible for payment of attorney’s fees or any other costs associated with such representation.
During a pre-hearing conference with the IHO, the employee with his/her advocate or Formatted: Space Before: 3.35 pt, Line spacing: legal counsel and College will be directed by the IHO to provide the following by the Multiple 1.15 li date set by the IHO: the date of the event or issue giving rise to the appeal; any documentary evidence that supports their position; if applicable, names of relevant witnesses; and the relief or remedy requested. Formatted: Body Text, Right: 0.28", Line spacing: Multiple 1.15 li The IHO assigned to hear the appeal shall be appointed through a computer-generated Formatted: Space Before: 3.35 pt, Line spacing: random process from the IHO pool, which is developed through a collaborative Multiple 1.15 li decision- making process and shall be a disinterested person, external to the College. Page 6 of 7
Title: DISCIPLINE, DISCHARGE AND Code: C0509 WORKPLACE SAFETY APPEAL PROCESS
Formatted: Body Text, Right: 0.28", Space Before: 0 The cost will be shared by the District and employee with a maximum cost to the pt, Line spacing: Multiple 1.15 li employee of $500, only payable by the employee if unsuccessful in the appeal. If the Formatted: Line spacing: Multiple 1.15 li employee prevails, the District shall assume full responsibility for the IHO fees. The District has the authority to hire a court reporter if it deems necessary. Charges for this service will be paid by the District. The employee may request a copy of the transcript at his/her own cost. Formatted: Body Text, Right: 0.28", Line spacing: Multiple 1.15 li The hearing will be held as soon as practical according to the following procedures. Formatted: Right: 0.28", Space Before: 3.35 pt, Line The employee and the District will be allowed a maximum of three (3) hours to present spacing: Multiple 1.15 li necessary information at the hearing. The IHO may extend the amount of time for the hearing if deemed necessary. Evidence may be presented, witnesses may be sworn in and give testimony, and subpoenas may be issued. The rules of evidence do not apply to this process. Both Parties will be allowed to provide clarifying questions regarding any written or verbal evidence to the IHO, parties, or witnesses. The IHO is allowed to ask clarifying questions of the parties and witnesses. The IHO shall provide a written decision to the parties within fifteen (15) work days of the hearing. With respect to issues involving suspension and discharge for non-probationary employees, the IHOs decision shall be based on whether the decision of the College was for just cause. Formatted: Body Text, Right: 0.28", Line spacing: Multiple 1.15 li With respect to discharge issues involving probationary employees, the IHO will Formatted: Right: 0.28", Space Before: 3.35 pt review whether or not the District’s action was taken within the probationary period.
With respect to issues involving workplace safety, the IHO's decision shall be based Formatted: Right: 0.28", Space Before: 3.35 pt, Line on whether there is/was an unhealthy or unsafe condition at the College. If the IHO spacing: Multiple 1.15 li concludes a workplace safety issue still exists, they will instruct the College to remedy the situation. The College will provide the IHO with the information of the issue being resolved.
The decision of the IHO shall be limited to denial of the appeal or granting the appeal. Formatted: Right: 0.28", Space Before: 3.35 pt The decision of the IHO shall be limited to the precise issue raised in the appeal at the time of the appeal to the IHO. The IHO shall have no authority to add, modify or delete from the policies, procedures, rules and guidelines of the District. Page 7 of 7
Title: DISCIPLINE, DISCHARGE AND Code: C0509 WORKPLACE SAFETY APPEAL PROCESS
Formatted: Body Text, Right: 0.28", Space Before: 0 pt, Line spacing: Multiple 1.15 li Formatted: Body Text, Indent: Left: 0", Right: 0.28", Line spacing: Multiple 1.15 li
Page 8 of 7
Formatted: Body Text, Right: 0.28", Space Before: 0 Step 5 Review by the District Board pt, Line spacing: Multiple 1.15 li Formatted: Right: 0.28", Line spacing: Multiple 1.15 li
If the appeal is not resolved at Step 4, either party may appeal in writing the IHO’s Formatted: Body Text, Right: 0.28", Space Before: 0 pt, Line spacing: Multiple 1.15 li decision to the District Board. The appeal must be filed within ten (10) working days Formatted: Right: 0.28" of receipt of the IHO’s decision to the Associate Vice President, Human Resources and Labor Relations.
The review of the District Board will be limited to a paper review of the evidence from Formatted: Right: 0.28", Space Before: 3.35 pt, Line the IHO hearing and a review of the IHO’s decision. Parties will not be allowed to call spacing: Multiple 1.15 li witnesses to testify. The District Board shall review the IHO hearing record and IHO decision and determine whether a rational basis exists for the IHO’s decision based upon the standards set forth in this policy. The decision of the IHO shall not be overturned unless clearly erroneous. In the event the District Board does not sustain the IHO’s decision, then the District Board may take any of the following actions: 1) render a new decision and remedy, including compensation for lost wages and earnings, in whole or in part, and modification or removal of documents, to the extent permitted by law; 2) request the IHO to take further evidence and issue a new decision; or 3) assign an IHO to create a recommendation for the District Board’s review and consideration. Within forty-five (45) days of receipt of the appeal, the District Board shall issue a written decision. The decision of the District Board shall be final and binding.
Section 5 - Discipline, Discharge, Workplace Safety Issues of the College Formatted: Body Text, Indent: Left: 0", Space Before: 0 President pt, Line spacing: Multiple 1.15 li
A decision to discipline, suspend or terminate the President by the District Board shall Formatted: Right: 0.28", Space Before: 3.35 pt, Line be subject to review in a hearing before an IHO. In accord with the procedures set spacing: Multiple 1.15 li forth in Section 4, said IHO shall hear the appeal and determine whether the discipline, suspension or discharge of the President is consistent with the terms of the President’s employment agreement and nothing contained in the policy shall modify the terms of the President’s employment agreement and/or the basis upon which the President’s employment agreement may be terminated. The IHO shall issue a determination regarding the discipline, suspension or discharge
of the President. This determination shall be forwarded to the District Board which shall affirm, reverse or modify the IHO’s determination at its discretion. The decision of the District Board shall be final. Any workplace safety concern raised by the President shall be reviewed by the Chair of the District Board who may at his/her discretion resolve the issue raised by the President. The President may then appeal the Chair’s decision to an IHO. In accord with the procedures set forth in Section 4, the IHO shall hear the appeal and determine if the Chair’s decision is arbitrary and capricious. If so, the Chair’s decision shall be reversed by the IHO. Either party may appeal the decision of the IHO to the full District Board. The full District Board shall determine at its sole discretion whether to sustain, reverse or modify the IHO decision. The decision of the District Board shall be final.
Section 6- Role of Human Resources
A representative from Human Resources may attend any of the meetings authorized by this procedure. All documents filed in accordance with this policy shall be copied to Human Resources. Section 7- Compensation for Non-Exempt Employees
A non-exempt employee will not be compensated for time spent pursuing an appeal during non-scheduled hours.
Section 8- Time Limits Substantive
Failure of an employee to file and process the appeal within the time limits set forth in this policy shall be deemed a waiver of the appeal. The time limits in this policy may, however, be extended by the mutual consent of the College and the employee. Further, the College may extend deadlines for its performance, as it deems necessary, and provide the employee notice of such extensions.
This entire appeal process shall not be construed to create and is not intended to establish or give rise to any contractual rights between Milwaukee Area Technical College and any of its employees and is at all times subject to modification through a collaborative decision-making process and approval by the MATC District Board.
The college does not provide libability insurance coverage for employees. Formatted: Font: Bold
Formatted: Left POLICY
Title: PERSONAL LIABILITY INSURANCE Code: C0906-5
Authority: Board Minutes, 2/8/62, ______Original Adoption: 2/8/62 Revised/Reviewed: ______Effective: 2/9/62______
The district board shall provide liability insurance coverage for all of its personnel ($50,000 limit per employee) at no cost to employees.
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POLICY
Title: TAX DEFERRED ANNUITY (403(b)) PLAN Code: C0906-7
Authority: Board Minutes, 4/8/70, ______Original Adoption: 4/8/70 Revised/Reviewed: ______Effective: ______4/9/70
The district board will make available to all employees an annuity purchase plan which provides the federal income tax treatment prescribed by 403(b) of the U.S. Internal Revenue Code of 1954 as amended for annuity contracts purchased by certain employers for their employees.
Page 1 of 1 This election is no longer available to MATC employees. All employees that previously elected to Formatted: Font: Bold retain membership in the City of Milwaukee Employees’ Retirement System have either retired or resigned. Formatted: Font: Bold Formatted: Font: Bold
POLICY Formatted: Font: Bold Formatted: Left Formatted: Font: Bold Formatted: Font: Bold Title: PENSION FUNDS - NONTEACHING Code: C0906-8 EMPLOYEES Formatted: Font: Bold
Authority: Wis. Stats. § 40.22; Board Minutes, Original Adoption: 7/9/69 7/9/69; 12/14/99; 9/25/07 Revised/Reviewed: 9/25/07 Effective: 9/26/07
The district board offered an option to its employees who were members of the Employees System of the City of Milwaukee to retain membership in that pension system, with the Milwaukee Area District Board paying into the fund appropriate amounts to maintain their benefits; or they may have elected to join the Wisconsin Retirement Fund. All new employees must be members of the Wisconsin Retirement System.
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POLICY
Title: LABOR RELATIONS AND NEGOTIATIONS Code: C1300-1
Board Minutes, 12/13/72 Original Adoption: 12/13/72 Revised/Reviewed: Effective: 12/14/72
Operational policies and procedures related to labor relations shall be developed and administered on the district level to provide uniformity throughout the district.
Pursuant to 2011 Wisconsin Act 10, the district shall negotiate base wages with bargaining units certified under the Wisconsin Employment Relations Commission (WERC) rules, and applicable Wisconsin Statutes. Such bargaining shall be conducted in accordance with WERC rules and applicable Wisconsin Statutes. Formatted: Indent: Left: 0"
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POLICY
Title: BARGAINING AGENTS Code: C1300-3
Board Minutes, 12/13/72 Original Adoption: 12/13/72 Revised/Reviewed: Effective: 12/14/72
The district board recognizes as employee bargaining agents within the Milwaukee Area Technical College District those employee organizations certified to it by the Wisconsin Employment Relations Commission under applicable Wisconsin Statutes.
Page 1 of 1 POLICY
Title: EMPLOYEE RECORDS Code: C2000-1
Authority: Wis. Stat. s. 103.13; Board Minutes, Original Adoption: 12/13/72 12/13/72, ______Revised/Reviewed: ______Effective: 12/14/72______
The district administration shall maintain employee records, including but not limited to any personnel documents which are used or have been used in determining that employee's qualifications for employment, promotion, transfer, additional compensation, termination or other disciplinary action, and medical records. Such records shall be subject to inspection by the employee or the employee’s representative in accordance with applicable state law.
Employee records shall be maintained in accordance with the district’s record retention policy. The development and administration of a districtwide, unified system of employee records shall be maintained by the president and district administration.
Page 1 of 1 Attachment 6-d
POLICY
Title: ADULT HIGH SCHOOL (700) - PHILOSOPHY Code: D0107
Authority: Board Minutes, 12/18/84; 10/25/93 Original Adoption: 12/18/84 Revised/Reviewed: 10/25/93 Effective: 10/26/93
The philosophy of the Adult High School of the Milwaukee Area Technical College is to provide learning experiences for the diverse adult urban community it serves. These learning experiences are adapted to the particular needs of the community. The Adult High School intends to take individuals from where they are educationally and help them develop their potential.
The learning experiences that the school provides are determined by the job opportunities that are part of the community life, by the academic requirements needed for a high school diploma, and by the personal needs of the students to lead enriched, useful, and productive lives. The school provides the physical facilities and staff so that learning activities are available to students, consistent with their goals.
The Adult High School offers learning experiences by means of academic courses that are consistent with the policies and standards of the North Central Association of Colleges and Schools, enabling a person to graduate from MATC's Adult High School or another accredited high school. Survey courses in vocational fields such as industrial arts, visual communications, home economics, and businessautomotive, CAD office technology and culinary are also offered. Course offerings are evaluated and/or added in accordance with the entry requirements for postsecondary school training and the needs of the individual for a useful and productive life.
The district will ensure that these programs are accessible to all students and barrier free, and otherwise in compliance with the Americans Withwith Disabilities Act.
Objectives
1. Provide adults with an evaluation of their skills and abilities so that they make objective choices of vocational goals.
2. Provide the opportunity for students to acquire a high school diploma.
3. Provide a general education for entrance into apprentice, technical, and college programs.
4. Refer students to agencies within or outside the school which will provide the remedial and/or special help necessary for their personal development.
Page 1 of 2 Title: ADULT HIGH SCHOOL (700) - PHILOSOPHY Code: D0107
5. Assist students in acquiring the basic facts, skills, and attitudes that will help them to attain their vocational goals, and also to become useful and productive members of the society in which they live.
6. Provide opportunities for students to participate in school-related activities for personal enrichment.
7. Provide an environment which allows for imaginative, creative, and critical thinking.
Page 2 of 2 POLICY
Title: SERVICES TO HIGH SCHOOL AGE YOUTH Code: D0108-1 (PRINCIPALLY 16 AND 17 YEARS OLD) Original Adoption: 9/16/81 Authority: Wis. Stats., Chapter 118; Board Minutes, Revised/Reviewed: 11/16/99 9/16/81; 10/25/93 Effective: 11/17/99
The primary mission of the Milwaukee Area Technical College is the delivery of instruction and support services to the postsecondary student or for the adult vocational needs of the District.
In recognition of the high school districts' primary responsibility for the education of high school age youth, the Milwaukee Area Technical College encourages the student to complete his/her secondary education in the public or private high school.
Educational services will be provided by the Milwaukee Area Technical College to serve the needs of high school age youth within statutory and fiscal limitations. Public and private schools will be informed annually of the services provided. These services include:
1. High School Contract Services;
2. Postsecondary courses offered to currently enrolled high school students;
3. Adult vocational, GED, and prevocational instruction for students covered by Chapter 118;
4. Appropriate counseling, evaluation, and career exploration services to high school students;
5. Rental of facilities based on availability and prioritization process;
6. In addition, other co-curricular services are provided, such as: Skill Olympics, tours, career films, and speakers, and college explorations as requested by outside educational parties.
The district will ensure that these programs are accessible to all students, barrier free, and otherwise in compliance with the Americans Withwith Disabilities Act.
For more information, please visit: http://www.matc.edu/matc_news/Career_Exploration_Courses.cfm
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POLICY
Title: INTERNATIONAL PROGRAMMING Code: D0109
Original Adoption: 4/25/89 Authority: Board Minutes, 4/25/89; 5/20/91; Revised/Reviewed: 11/16/99 10/21/91; 7/20/92; 11/16/99. MATC Effective: 11/17/99 District Board Policies: B0301, Contracts for Services; B0901, Travel and Expense Reimbursement
The primary mission of the Milwaukee Area Technical College is the delivery of instruction and support services to the postsecondary student or for the adult vocational needs of the District..
In recognition of the high school districts' primary responsibility for the education of high school age youth, the Milwaukee Area Technical College encourages the student to complete his/her secondary education in the public or private high school. Formatted: Font: (Default) Arial Educational services will be provided by the Milwaukee Area Technical College to serve the needs of high school age youth within statutory and fiscal limitations. Public and private schools will be informed annually of the services provided. These services include: Formatted: Font: (Default) Arial 1. High School Contract Services; Formatted: Font: (Default) Arial 2. Postsecondary courses offered to currently enrolled high school students; Formatted: Font: (Default) Arial 3. Adult vocational, GED, and prevocational instruction for students covered by Chapter 118; Formatted: Font: (Default) Arial 4. Appropriate counseling, evaluation, and career exploration services to high school students; Formatted: Font: (Default) Arial 5. Rental of facilities based on availability and prioritization process; Formatted: Font: (Default) Arial 6. In addition, other co-curricular services are provided, such as: Skill Olympics, tours, career films, and speakers. Formatted: Font: (Default) Arial The district will ensure that these programs are accessible to all students, barrier free, and otherwise in compliance with the Americans With Disabilities Act.
Formatted: Font: (Default) Arial
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In an effort to support education preparing students for the global workforce, Milwaukee Formatted: Font: (Default) Arial Area Technical College actively develops and provides optional international education opportunities for students and faculty/staff. These programs include, but are not limited to:
1) Language immersion programs 2) Occupational/career-centric experiences 3) Professional development
International landscapes are monitored regularly to ensure the safety of students abroad.
The district will ensure that these programs are in compliance with the American Disability Act.
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Page 1 of 1 POLICY
Title: ADVISORY COMMITTEES Code: D0300
Authority: Wis. Stats. § 38.14(5); Board Minutes, Original Adoption: 12/13/72 12/13/72; 4/22/91 Revised/Reviewed: ______Effective: ______
Occupational advisory committees shall be established and maintained to provide the college with input to ensure the highest quality instruction for students. Non-instructional advisory committees shall be established to assist the college in providing quality support services. Occupational advisory committees shall be composed of employers, employees, former students, and consultants where applicable. All advisory committees shall have an appropriate ethnic and gender mix.
Quarterly review of occupational advisory committee membership is conducted district wide.
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Title: DISTANCE EDUCATION Code: D0502
Authority: WTCSB Administrative Bulletin AD 95-04; Original Adoption: 5/20/97 Board Minutes, 5/20/97 Revised/Reviewed: Effective: 5/21/97
BACKGROUND
For purposes of this policy, distance education is defined “as the process of extending learning or delivering instructional resource-sharing opportunities, to locations away from a physical classroom, building or site, to another classroom, building or site, by using video, audio, computer, or other forms of multimedia communications by way of the internet., or some combination of these with other traditional delivery methods.”
Milwaukee Area Technical College (MATC) recognizes the changing diverse needs of the student population that it serves. Over 70% of our students attend on a part-time basis due to other constraints in their lives. Distance education provides a medium for instructional delivery to these students and groups that have cannot been served using traditional methods. in the past. These services make possible more flexible, less time and place bound learning.
MATC recognizes that evolving telecommunications technology and connectivity capabilities open a whole new world for extend education delivery options. Delivery of instruction that does not require conventional class attendance provides a new segment of customers to the college. Quality teaching and learning can take place in the virtual this arena allowing students to complete their educational goals. As the market shifts, the college is compelled to respond to our customer needs for instruction.
Use of telecommunications Offering education from a distance can be costly. Therefore, the college must find viable processes to offer distance education while minimizing the costs. While technologies are evolving, obsolescence occurs quickly, and the college must strive to remain on the current and up-to-date.
MATC will address distance education based on the following assumptions:
1. The goal of all distance education applications is to enhance the teaching and learning process for students.
2. Courses offered by distance education will have equal rigor and complete transferability to MATC’s traditional conventional courses.
3. A variety of educational technologies telecommunications may be used to best serve student needs.
Page 1 of 2 Title: DISTANCE EDUCATION Code: D0502
4. Internet protocolsTelecommunications makes possible learning opportunities in the home or workplace as well as the traditional classroom.
5. Cooperative relations will be developed to provide distance learning opportunities with educational and business partners, in order to maximize the resources.
6. The confines of district, state or national boundaries are minimized by the capacities of telecommunicationsthe internet.
7. A contract will be developed with any agency outside of the MATC institution to provide services specific to each live educational technology. These agreements will be based on a transmission formula set by the number of transmissions per course appropriate formulations. Thisese arrangements will not apply to instruction offered through consortia agreements with other technical college districts.
8. Individual students enrolled in distance education courses will be assessed statutory tuition and materials fees. Students may be assessed a student access charge to help defray the cost of the technology. Out-of -state fees will not be assessed for distance education courses.
*See also:
Gross, Muscarilla, Pirkl, New Connections: A College President’s Guide to Distance Education, 1994, Instructional Telecommunications Council, 4.
North Central Association of Colleges and Schools Commission on Institutions of Higher Education, “Principles of Good Practice for Electronically Offered Academic Degree and Certificate Programs,” Briefing, Oct. 1995, 13:3.
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Title: QUALITY ASSESSMENT OF Code: D0503 INSTRUCTIONAL PROGRAM AND SUPPORT SERVICES Original Adoption: 2/22/77 Revised/Reviewed: Authority: Board Minutes, 2/22/77; 9/16/81; 7/29/91; Effective: 12/15/98; 9/25/07
The MATC District Board has as an educational goal to provide vocational, technical, and adult educational opportunities to the people of the Milwaukee Area district in the most efficient and effective manner within a framework of continuous quality improvement and accountability.
A continuous quality institutional assessment system of instructional program and support services evaluation is a point of central emphasis of the college's institutional effectiveness and student outcome assessment initiatives. These initiatives support strategic planning and decision-making to maintain high-quality instructional programs and support services.
In accordance with the evaluation policies for district programs and services of the Wisconsin Technical College System Board, the MATC quality institutional assessment system shall maintain an annual cycle of evaluation phases: monitoring, in-depth, and impact. Within this system, the MATC District Board, academic administration, and faculty shall be provided with information about indicators and measures of viability and performance of instructional programs and support services, so that state-mandated and locally developed benchmarks can be used to evaluate those programs and services for program or service improvement, restructuring, or discontinuance purposes.
Indicators, measures, and benchmarks of institutional, program, and service effectiveness shall include, but not be limited to:
A. Viability
1. Program demand based on local workforce needs 2. Student enrollment and retention 3. Access and diversity 4. Instructional program cost 5. Facilities and material resources 6. Local partnerships and other community services 7. External support for programs and services 8. Organizational climate
B. Performance
1. Student learning outcomes
Page 1 of 2 Title: QUALITY ASSESSMENT OF Code: D0503 INSTRUCTIONAL PROGRAM AND SUPPORT SERVICES
2. Program outcomes 3. Support services outcomes 4. Customers' (students, employers, partners, etc.) satisfaction and perceptions 5. Local employment and economic impact 6. State-mandated, federal-mandated, and Higher Learning Commission (NCA) required criteria
Institutional, program, and service effectiveness assessment reports shall be prepared and submitted as appropriate--monthly, quarterly, bi-annually, and annually--to the MATC District Board for consideration and approval.
Quality program and service evaluation reports as well as corresponding proposals of quality improvement action plans shall be submitted in a 5-year cycle to the MATC District Board for consideration and approval, prior to their submission to the Wisconsin Technical College System Board.
The MATC District Board shall require periodic evaluation of all other educational offerings, services, and projects.
Page 2 of 2 POLICY
Title: GRADUATION REQUIREMENTS - Code: D0700 CERTIFICATES, ASSOCIATE DEGREE, TECHNICAL DIPLOMA, ADVANCED Original Adoption: 6/17/86 TECHNICAL CERTIFICATES, ADULT Revised/Reviewed: HIGH SCHOOL Effective: Authority: Board Minutes, 6/17/86; 4/22/91
To graduate, a student must satisfy course and credit requirements for the certificate, degree, technical diploma, or advanced technical certificate as listed in the MATC catalog.
Postsecondary Requirements
A cumulative grade-point average of 2.0 is required for all MATC courses in the program. This applies to all certificates, associate degree, technical diploma (exception: Adult High School), and advanced technical certificate programs.
The final Twenty-five percent 25% of the credits for an associate degree and technical diploma must be earned at MATC. Therefore, the maximum number of credits that can be achieved through Advanced Standing cannot be more than the number that would bring a student to the minimum credit hours needed from MATC for graduation unless an exception is approved by the appropriate dean or vice- president.
Adult High School Requirements
To earn an MATC high school diploma, a student must satisfactorily complete, either through advanced standing or courses taken in residence, a designated number of Carnegie credits which are based on the graduation requirements of the Wisconsin Department of Public Instruction. A minimum of six academic credits must be earned at MATC with the last semester taken in residence, unless a special exception is approved by the appropriate associate dean or dean director of High School Relations.
A candidate for a degree/diploma must submit his/her application to the Student Records Office, where the graduation requirements will be checked and verified. Students are required to pay the graduation fee in order to receive a degree/diploma.
(NOTE: See Also Policy D0402, Advanced Standing) Page 1 of 1 Attachment 6-e
POLICY
Title: FACULTY PROFESSIONAL DEVELOPMENT Code: E0101
Authority: Board Minutes, 12/13/72; 7/29/91; Original Adoption: 5/21/69 9/26/09 Revised/Reviewed: 9/25/07 Effective: 9/26/07
The dDistrict bBoard shall provide professional development opportunities to maintain a qualified and certified faculty for high-quality instruction. All faculty shall work with supervisors to plan for professional growth as part of the coaching processFaculty Quality Assurance System (FQAS). The offices of Professional Development, Teaching and Learning Center andOffice of Educational Research & Dissemination (ER&D), under the direction of the Provost’s Office, provides opportunities for improvement development through in-service workshops, seminars, courses required for state certificationthat present state-defined competencies, occupational and academic currency program, and resource materials in the Faculty Innovation and Resource Centers (FIC and FRCs).
Page 1 of 1 POLICY
Title: FACULTY COURSE CERTIFICATION Code: E0104
Authority: Wis. Stats., §§ 38.12(7); 38.14; Wis. Original Adoption: Administrative Code, Chapter TCS 6 Revised/Reviewed: Effective:
Course level certification may occur when there is an instructor to teach a course that requires specific subject matter expertise. This option may be used only if the individual is not able to meet the requirements for the program credential, or, in situations when there is not an associated program level credential for the course. Current, certified faculty with program level certification shall always receive assignment preference. Faculty who have completed a letter of availability and meet the program level or course level credentialing requirements should then be considered.
To ensure the most qualified faculty are in the classroom, course level certification is limited to exceptional situations where finding an individual eligible to hold program level certification is not an option. These situations may include emergency hiring to fill an immediate vacancy or temporary need, courses that require specialized expertise outside of the program credentialing standards, or an assignment at an offsite location that holds its own additional teaching or hiring requirements.
Page 1 of 1 The college no longer offers telecourses. Formatted: Font: (Default) Times New Roman, Bold
POLICY
Title: PRODUCTION AND DISTRIBUTION OF Code: E0201 TELECOURSE MATERIALS BY MATC Original Adoption: 12/13/72 Authority: Agreement between the Milwaukee Area 7/29/91 District Board of VTAE and the American Effective: 7/30/91 Federation of Teachers Local 212, WFT, AFL-CIO; Board Minutes, 7/29/91
The district board shall provide telecourses and related materials created as part of the officially assigned teacher responsibility and related written or developed materials shall be the property of the district board.
Any patent or copyright of such telecourses and written or developed materials shall be in the name of the district board; however, such telecourses and related materials shall bear the name of the assigned teacher.
When such telecourses and related materials are to be distributed, the arrangements for such distribution shall be made by MATC.
When such distribution of telecourses and related assigned materials is made within the State of Wisconsin, all revenues from such distribution shall be retained by MATC.
When such distribution of telecourses and related assigned materials is made outside the State of Wisconsin, the revenues from such distribution shall be returned to MATC and to faculty according to the Local 212 contract.
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NOTICE TO ALL MATC NETWORK USERS
Using the Milwaukee Area Technical College (MATC) Network requires your Formatted: Strikethrough compliance with all applicable MATC Policies and Procedures.
Only MATC employees are free to connect MATC owned computer equipment will be allowed to connect to the MATC wired network and the Stormers private wireless network.
Non-MATC employees, including students, aAuthorized individuals, organizations, and businesses are free to use theconnect their personal mobile devices (laptops, tablets, and smartphones) to the MATCGUEST public wireless nNetwork as long as it is in relation to MATC activities, assignments or responsibilities for lawful, worthy, and ethical purposes, except as limited by MATC Policies and Procedures.
As a User of MATC’s network, you must abide by MATC Policies and Procedures, as amended or supplemented from time to time, including, but not limited to: E0202, Policy Statement Governing Technology Use; C0201, Harassment; C0700, District Employee Code of Ethics; EE0202, Technology Usage Procedure and MATC Student Code of Conduct, all of which can be accessed online at www.matc.edu. Violation of the Policies and Procedures can result in immediate loss of network privileges and subject users to disciplinary action.
Use of the Network is subject to certain limitations on liability and to disclaimers as stated in Section 2 of EE0202. By using the Network you agree to all the terms and conditions of the Policies and Procedures, as amended or supplemented from time to time. If you have any questions or desire more information before proceeding, please call the Help Desk Line at 414-297-6541.
Formatted: Font: Italic, Font color: Red, Condensed by 0.05 pt Formatted: Indent: Left: 0"
Revised: ______Formatted: Font: Italic, Font color: Red MATC.edu Public WEB SITE UPDATE AGREEMENT
I, the undersigned User, agree to the following standards in the development and maintenance of any Web Site(s) affiliated with MATC, and in any connected web and sub-web content:
1. Appropriate Copyright laws must be followed in all Web Site development.
2. All Web maintenance will be done using MATC’s Content Management System unless authorized in writing by the associate vice president, Information Technology. Director of Marketing.
3. External links to non-MATC content must be approved in writing via e- mail by MATC Marketing before the links can be added to an MATC Web Site page.
4. All web content will adhere to the MATC Web Site Style Guide which can be found at www.matc.edu/tools/style.
5. All web page changes will be automatically submitted to Marketing for review prior to a page going “live” unless Marketing grants a department an exemption from such reviews.
6. All web content will adhere to all of MATC’s Policies and Procedures.
7. At least annually, no later than November, users will certify via email to the associate vice president – Information Technology that our sub-web meets the above criteria.
8. Any delegation of Web Site maintenance within any division of MATC does not relieve the Divisional Web Coordinator from responsibility for the content developed by users under their authority.
9. As users change content which does not currently comply with the MATC Style Guide, users will bring the content into compliance with Style Guidelines.
10. All MATC faculty department or student club web content must be put into the Blackboard “Community” web site. 11. MATC faculty or staff who desire to create a web link directly off MATC’s home page, such as www.matc.edu/times, must send such a request, in writing, to the MATC Marketing Director. Such links must represent a significant MATC-Community partnership.
My Sub-Web begins at address:
My Web Content Supervisor (if any) is
Signed: Printed Name:
Dated: A copy of this form will be sent to Marketing.
Revised: ______POLICY
Title: RESPONSIBLE USE OF INFORMATION Code: E0202 TECHNOLOGY RESOURCES
Authority: Wisconsin Administrative Code TCS 6; Original Adoption: 11/26/96 Wis. Stats. §§ 38.04 (14), 38.12 (7) Revised/Reviewed: Effective: See Also: MATC Policy C0201,Harassment; MATC Policy C0700, District Employee Code of Ethics; Board Minutes, 11/23/10
As part of its educational mission, MATC acquires, develops, and maintains computers, computer systems (including e-mail) and networks (“IT Resources”). For purposes of this document, e-mail includes point-to-point messages, postings to newsgroups and listservs social media and any electronic messaging involving computers and computer networks. Organizational e-mail accounts, including those used by student organizations, are held to the same standards as those for individual use by members of the MATC community.
IT Resources are exclusively intended for college-related purposes. Employees, students, and authorized contractors and vendors may use IT Resources only for purposes related to their studies, their responsibilities for providing instruction, the discharge of their duties as employees, their official business with the College, and other College-sanctioned or authorized activities.
This policy applies to all users of IT Resources, regardless of whether the user is affiliated with the college and to all uses of those resources, whether on campus or from remote locations. IT Resources must be used appropriately and in accordance with local, state and federal laws. Users will be held accountable for inappropriate or unlawful use.
Impermissible Use
IT Resources may only be used for the lawful -commercial purposes described above, and may not be used for any purpose that is illegal, immoral, unethical, dishonest, damaging to the reputation of the College, inconsistent with the policies and procedures of the College, or likely to subject the College to liability. A non-exhaustive list of impermissible uses include is attached as Appendix A.
Personal Use
IT Resources are provided for College use only however, the College recognizes that occasionally faculty, staff, and students use IT Resources for non-commercial, personal use. Such occasional, non-commercial uses are permitted by employees and students if they are not excessive, do not interfere with the performance of any employee or
Page 1 of 3 student’s duties, do not interfere with the efficient operation of the College or its IT Resources, and are not otherwise prohibited by this policy or any other MATC policy or
Page 2 of 3 Title: RESPONSIBLE USE OF INFORMATION Code: E0202 TECHNOLOGY RESOURCES procedure. Such use must not interfere with or disrupt the work of the employee, unit or other College business or educational activities nor unreasonably or unduly tie up the College’s IT Resources.
Decisions as to whether a particular use of IT Resources conforms to this policy shall be made by the Provost’s Office if the use involves faculty; by the Office of Student Life if the use involves students; and by the Human Resources Department if the use involves non-faculty employees.
Intellectual Property
Users are responsible for making use of IT Resources, including software and electronic materials, in accordance with copyright, licensing, other intellectual policy restrictions and applicable MATC policies. Users may not, for example, use IT Resources to violate any copyright, illegally download any software, violate the terms of any license agreement or inspect, modify, distribute, or copy proprietary data, directories, programs, files, disks or software without proper authorization.
External Networks/Equipment
Personal computers, laptops and other personal network devices may only be connected to the MATC network or IT Resources via MATC’s public wireless network and cannot be directly connected to any MATC Ethernet jack. Users are not allowed to attach any type of Wireless Access Points/routers to the network.
Security/Privacy
MATC employs various measures to protect the security of its IT Resources and user accounts; however, the College does not guarantee security and confidentiality. Users should engage in “safe computing” practices including establishing appropriate access restrictions for their accounts, guarding their passwords and changing them regularly. Users should also be aware that their uses of College computing resources are not completely private.
Monitoring
While the College does not routinely monitor individual usage of its computing resources, the normal operation and maintenance of the College's computing resources require the backup of data, the logging of system availability, the monitoring of general traffic patterns and other such activities that are necessary for the provision of service.
Page 3 of 3 Title: RESPONSIBLE USE OF INFORMATION Code: E0202 TECHNOLOGY RESOURCES
The College may monitor the activity and accounts of individual users of College IT Resources, including individual login sessions and the content of individual communications, without notice, when:
The user has voluntarily made them accessible to the public, through posting to social media or a Web page;
It reasonably appears necessary to do so to protect the integrity, security, or functionality of College or other computing resources or to protect the College from liability;
is reasonable cause to believe that the user has violated or is violating this policy;
An account appears to be engaged in unusual or unusually excessive activity; or it is otherwise required or permitted by law. Any such monitoring of communications, other than what is made accessible by the user, required by law, or necessary to respond to perceived emergency situations, must be authorized in advance by the President or the President’s designee in consultation with the Office of the General Counsel. The College, in its discretion, may disclose the results of any such general or individual monitoring, including the contents and records of individual communications, to appropriate College personnel or law enforcement agencies and may use those results in appropriate College disciplinary proceedings.
Enforcement and the Law
Violations of this policy will subject employees and students to their respective disciplinary processes and other measures up to and including expulsion from the College or loss of employment. Illegal acts involving IT Resources may also subject violators to prosecution by local, state, and/or federal authorities. This policy and its enforcement is subject to the terms and conditions of any of the College’s Employee Handbook collective bargaining agreements. All uses of IT Resources are governed by Wisconsin’s Open Records laws.
Page 4 of 3 POLICY
Title: REPORTING CLAIMS OF COPYRIGHT Code: E0203 INFRINGEMENT BY USERS OF MATC TECHNOLOGY Original Adoption: 9/28/99 Authority: Federal Law, Digital Millennium Copyright Revised/Reviewed: Act (“DMCA”) Pub. L. No. 105-304 Effective:
In recent years, copyright law has grown in importance for educational institutions. Title II of the Digital Millennium Copyright Act (“DMCA”) amended the federal copyright law to limit the liability of Internet Service Providers (“ISP”) for certain infringements or violations of the copyright entitlements of another. Milwaukee Area Technical College (“MATC”) is an ISP for its students, faculty, staff and other agents and users.
Title II of the DMCA protects ISP’s from money damages and injunctive relief for the infringing activities of their users. However, to qualify for such protection, the MATC District Board recognizes that it must designate an agent to receive notice from copyright owners containing information concerning alleged infringement.
If MATC is eligible for the ISP liability limitations under the DMCA, MATC understands that it has available more than one course of action in response to a notice. Such response will be determined on a case-by-case basis.
The MATC District Board further recognizes and supports the requirements of the DMCA and directs the administration to: (1) provide information to all MATC users accurately describing and urging compliance with copyright law; (2) adopt, inform its users of and implement a policy on termination of user privileges for repeated infringement; and (3) accommodate and not interfere with standard technical measures that identify and protect copyright owner’s works. With regard to (3) above, the Board recognizes that the law contemplates the creation of such standards over time as copyright owners and service providers work together to reach consensus on such matters.
Consistent with its support for the protection of copyrighted works and the need to protect the interests of MATC, its students, faculty, staff, and other authorized agents, the MATC District Board designates the Vice President and General Counsel as the agent for MATC under the DMCA to receive notices from copyright owners alleging infringements.
Page 1 of 1 Attachment 6-f
POLICY
Title: REASONABLE ACCOMMODATIONS FOR Code: F0103 STUDENTS' RELIGIOUS BELIEFS
Authority: Wis. Stats. § 38.04; TCS Chapter 14; Original Adoption: 6/28/93 Board Minutes, 6/28/93; 4/18/00 Revised/Reviewed: 4/18/00 Effective: 4/19/00
The MATC District Board recognizes its obligation to reasonably accommodate students' sincerely held religious beliefs with regard to scheduling examinations and other academic requirements of Milwaukee Area Technical College (MATC).
Accordingly, the following procedures shall be publicized annually within the MATC student community to enable students to notify appropriate MATC staff of any potential conflicts for taking examinations or completing other academic requirements because of students' religious beliefs.
PROCEDURES
A. The president will ensure that notification of the aforementioned procedures will be given annually to all students, parents or guardians of minor students and instructors of MATC by written communication in student handbooks, college catalogs, or other appropriate means to make this new policy and procedure known to affected individuals.
B. A student must notify his/her instructor in writing within five (5) working days prior to the date or dates in which a conflict is anticipated. Students can receive assistance with writing the notification to his/her instructor from the Student Accommodations Department.
C. Upon receipt of the students' written notification, the instructor will evaluate the request. If the request is granted, the instructor will provide a timely means or alternate assignment for a student to make up an examination or academic requirement to avoid any prejudicial effect upon the student. If the student is a minor, the appropriate parent or guardian will also be notified of the instructor's decision.
COMPLAINT/APPEAL PROCEDURE
A. If the above notification and response procedure does not satisfy the student, s/he may file a complaint as follows:
Page 1 of 2
Title: REASONABLE ACCOMMODATIONS FOR Code: F0103 STUDENTS' RELIGIOUS BELIEFS
1. A student may file a complaint to the president through his/her appointed designee responsible for receiving complaints of alleged violations of this policy.
2. The complaint must be in writing. Within thirty (30) days of receipt of the written complaint, the president shall issue a written decision regarding the complaint unless the parties (the student and/or parent/guardian and the District) agree to an extension of time.
3. If the student believes s/he is adversely affected by the president's determination, the student may appeal that decision in writing to the MATC District Board within thirty (30) days of issuance of the decision. The District Board shall issue a written decision within forty-five (45) days of the filing of the appeal.
4. The District Board's decision shall be subject to review pursuant to Chapter 227 of the Wisconsin Statutes, and TCS Chapter 4 of the Wisconsin Administrative Code.
Page 2 of 2
POLICY
Title: EQUAL OPPORTUNITY, HARASSMENT AND Code: F0104 NONDISCRIMINATION
Authority: Board Minutes: 10/22/13, ______Original Adoption: 10/22/13 Revised/Reviewed: ______Effective: ______10/23/13
Milwaukee Area Technical College (MATC) affirms its commitment to promote the goals of fairness and equity in all aspects of the educational enterprise. All concerns arising under this policy are subject to resolution using the college’s Equity Grievance Process. The Equity Grievance Process is applicable regardless of the status of the parties involved, who may be members or non-members of the campus community, students, student organizations, faculty, administrators and/or staff. The college reserves the right to act on incidents occurring on-campus. The college also reserves the right to act on incidents occurring off-campus, when the off-campus conduct could have an on- campus impact or impact on the educational mission of the college.
This policy applies to behaviors that take place on the campus, at college-sponsored events and may also apply off-campus and to actions online when the Title IX Coordinator or Associate Vice President of Human Resources determines that the off- campus conduct affects a substantial college interest. A substantial college interest is defined to include, but is not limited to:
a) Any action that constitutes criminal offense as defined by federal, state or local law. This includes, but is not limited to, single or repeat violations of any local, state or federal law committed in any municipality where MATC is located;
b) Any situation where it appears that the accused individual may present a danger or threat to the health or safety of self or others;
c) Any situation that significantly impinges upon the rights, property or achievements of self or others or significantly breaches the peace and/or causes social disorder; and/or
d) Any situation that is detrimental to the educational interests of the college.
e) Any online postings or other electronic communication, including cyber- bullying, cyberstalking, cyber-harassment, etc. occurring completely outside of MATC’s control (e.g. not on college networks, websites or between college email accounts) will only be subject to this policy when those online behaviors can be shown to cause a substantial on-campus disruption. Otherwise, such communications are considered speech protected by the 1st Amendment.
Page 1 of 10
Title: EQUAL OPPORTUNITY, HARASSMENT AND Code: F0104 NONDISCRIMINATION
Inquiries about this policy may be made internally to:
Associate Vice President, t Formatted: Indent: Left: 0", First line: 0.5" Human Resources and Labor Relations Milwaukee Area Technical College 700 West State Street, Room M254 Milwaukee, WI 53233-1443 414-297-62216867
Title IX Coordinator Vice President of Student Services Milwaukee Area Technical College 700 West State Street, Room M278 414-297-64377227
Inquiries may be made externally to:
Office for Civil Rights (OCR) U.S. Department of Education 400 Maryland Avenue, SW Washington, DC 20202-1100 Customer Service Hotline #: (800) 421-3481 Facsimile: (202) 453-6012 TDD#: (877) 521-2172 Email: [email protected] Web: http://www.ed.gov/ocr
Equal Employment Opportunity Commission (EEOC) Contact: http://www.eeoc.gov/contact/
1. College Policy on Nondiscrimination
MATC adheres to all federal and state civil rights laws banning discrimination in public institutions of higher education. MATC will not discriminate against any employee, applicant for employment, student or applicant for admission on the basis of race, color, sex, pregnancy, political affiliation, source of income, place of business, residence, religion, creed, ethnicity, national origin (including ancestry), citizenship status, physical or mental disability, age, marital status, family responsibilities, sexual orientation, gender, gender identity, veteran or military status (including special disabled veteran, Vietnam-era veteran, or recently separated veteran), predisposing genetic characteristics, domestic violence victim status or any other protected category under applicable local, state or federal law, including protections for those opposing
Page 2 of 10
Title: EQUAL OPPORTUNITY, HARASSMENT AND Code: F0104 NONDISCRIMINATION
discrimination or participating in any complaint process on campus or within the Equal Employment Opportunity Commission or other human rights agencies.
This policy covers nondiscrimination in employment and in access to educational opportunities. Therefore, any member of the campus community, guest or visitor who acts to deny, deprive or limit the educational, employment, and/or social access, benefits and/or opportunities of any member of the campus community on the basis of their actual or perceived membership in the protected classes listed above is in violation of the college’s policy on nondiscrimination. When brought to the attention of the college, any such discrimination will be appropriately remedied by the college according to the procedures below.
2. College Policy on Discriminatory Harassment
Students, staff, administrators, and faculty are entitled to a working environment and educational environment free of discriminatory harassment. MATC’s harassment policy is not meant to inhibit or prohibit educational content or discussions inside or outside of the classroom that include germane, but controversial or sensitive subject matters. The sections below describe the specific forms of legally prohibited harassment that are also prohibited under college policy. a. Discriminatory and Bias-Related Harassment
Harassment constitutes a form of discrimination that is prohibited by law. MATC’s harassment policy explicitly prohibits any form of harassment on the basis of actual or perceived membership in a protected class, by any member or group of the community, which creates a hostile environment, both objectively and subjectively.
A hostile environment may be created by oral, written, graphic, or physical conduct that is sufficiently severe, persistent or pervasive so as to interfere with, limit or deny the ability of an individual to participate in or benefit from educational programs or activities or employment access, benefits or opportunities. Merely offensive conduct and/or harassment of a generic nature not on the basis of a protected status may not result in the imposition of discipline under college policy, but may be addressed through remedial actions, education and/or effective conflict resolution mechanisms.
MATC condemns and will not tolerate discriminatory harassment against any employee, student, visitor or guest on the basis of any status protected by college policy or law.
Page 3 of 10
Title: EQUAL OPPORTUNITY, HARASSMENT AND Code: F0104 NONDISCRIMINATION
b. Sexual Harassment
Both the Equal Employment Opportunity Commission (EEOC) and the State of Wisconsin regard sexual harassment as a form of sex/gender discrimination and, therefore, as an unlawful discriminatory practice. MATC has adopted an amended version of the EEOC definition of sexual harassment, in order to address the special environment of an academic community, which consists not only of employer and employees, but of students as well.
Sexual harassment is:
unwelcome, sexual or gender-based verbal, written or physical conduct that is, sufficiently severe, persistent or pervasive that it, has the effect of unreasonably interfering with, denying or limiting employment opportunities or the ability to participate in or benefit from the college’s educational, social and/or residential program, and is based on power differentials (quid pro quo), the creation of a hostile environment or retaliation.
POLICY EXPECTATIONS WITH RESPECT TO CONSENSUAL RELATIONSHIPS
There are inherent risks in any romantic or sexual relationship between individuals in unequal positions (such as faculty and student, supervisor and employee). These relationships may be less consensual than perceived by the individual whose position confers power. The relationship also may be viewed in different ways by each of the parties, particularly in retrospect. Furthermore, circumstances may change, and conduct that was previously welcome may become unwelcome. Even when both parties have consented at the outset to a romantic or sexual involvement, this past consent may not remove grounds for a later charge of a violation of applicable sections of this policy. The college does not wish to interfere with private choices regarding personal relationships when these relationships do not interfere with the goals and policies of the college. For the personal protection of members of this community, relationships in which power differentials are inherent (faculty-student, staff-student, administrator- student) are generally discouraged.
Consensual romantic or sexual relationships in which one party maintains a direct supervisory or evaluative role over the other party are unethical. Therefore, persons with direct supervisory or evaluative responsibilities who are involved in such relationships must bring those relationships to the timely attention of their supervisor, and will likely result in the necessity to remove the employee from the supervisory or
Page 4 of 10
Title: EQUAL OPPORTUNITY, HARASSMENT AND Code: F0104 NONDISCRIMINATION
evaluative responsibilities, or shift a party out of being supervised or evaluated by someone with whom they have established a consensual relationship. While no relationships are prohibited by this policy, failure to self-report such relationships to a supervisor as required can result in disciplinary action for an employee. c. Sexual Misconduct
State law defines various violent and/or non-consensual sexual acts as crimes. Additionally, MATC has defined categories of sexual misconduct, as stated below, for which action under this policy may be imposed. Generally speaking, MATC considers Non-Consensual Sexual Intercourse violations to be the most serious, and therefore typically imposes the most severe sanctions, including suspension or expulsion for students and termination for employees. However, MATC reserves the right to impose any level of sanction, up to and including suspension or expulsion/termination, for any act of sexual misconduct or other gender-based offenses based on the facts and circumstances of the particular complaint. Acts of sexual misconduct may be committed by any person upon any other person, regardless of the sex, gender, sexual orientation and/or gender identity of those involved. Violations include:
i. Sexual Harassment
Defined as: unwelcome, sexual or gender-based verbal, written or physical conduct that is, sufficiently severe, persistent or pervasive that it, has the effect of unreasonably interfering with, denying or limiting employment opportunities or the ability to participate in or benefit from the university’s educational, social and/or residential program, and is based on power differentials (quid pro quo), the creation of a hostile environment or retaliation.
ii. Non-Consensual Sexual Intercourse
Defined as: any sexual penetration or intercourse (anal, oral or vaginal) however slight with any object by a person upon another person that is without consent and/or by force
Page 5 of 10
Title: EQUAL OPPORTUNITY, HARASSMENT AND Code: F0104 NONDISCRIMINATION
Sexual penetration includes vaginal or anal penetration by a penis, tongue, finger or object, or oral copulation by mouth to genital contact or genital to mouth contact.
iii. Non-Consensual Sexual Contact
Defined as: any intentional sexual touching however slight with any object by a person upon another person that is without consent and/or by force
Sexual touching includes any bodily contact with the breasts, groin, genitals, mouth or other bodily orifice of another individual, or any other bodily contact in a sexual manner.
iv. Sexual Exploitation
Sexual Exploitation refers to a situation in which a person takes non- consensual or abusive sexual advantage of another, and situations in which the conduct does not fall within the definitions of sexual harassment, non- consensual sexual intercourse or non-consensual sexual contact. Examples of sexual exploitation include, but are not limited to: Sexual voyeurism (such as watching a person undressing, using the bathroom or engaged in sexual acts without the consent of the person observed) Taking pictures or video or audio recording another in a sexual act, or in any other private activity without the consent of all involved in the activity, or exceeding the boundaries of consent (such as allowing another person to hide in a closet and observe sexual activity, or disseminating sexual pictures without the photographed person’s consent) Prostitution Sexual exploitation also includes engaging in sexual activity with another person while knowingly infected with human immunodeficiency virus (HIV) or other sexually transmitted disease (STD) and without informing the other person of the infection, and further includes administering alcohol or drugs (such as “date rape” drugs) to another person without his or her knowledge or consent.
Page 6 of 10
Title: EQUAL OPPORTUNITY, HARASSMENT AND Code: F0104 NONDISCRIMINATION
v. Consent
Consent is knowing, voluntary and clear permission by word or action, to engage in mutually agreed upon sexual activity. Since individuals may experience the same interaction in different ways, it is the responsibility of each party to make certain that the other has consented before engaging in the activity. For consent to be valid, there must be a clear expression in words or actions that the other individual consented to that specific sexual conduct.
A person cannot consent if he or she is unable to understand what is happening or is disoriented, helpless, asleep or unconscious for any reason, including due to alcohol or other drugs. An individual who engages in sexual activity when the individual knows, or should know, that the other person is physically or mentally incapacitated has violated this policy.
It is not an excuse that the individual respondent of sexual misconduct was intoxicated and, therefore, did not realize the incapacity of the other. Incapacitation is defined as a state where someone cannot make rational, reasonable decisions because they lack the capacity to give knowing consent (e.g., to understand the “who, what, when, where, why or how” of their sexual interaction). This policy also covers a person whose incapacity results from mental disability, involuntary physical restraint and/or from the taking of incapacitating drugs.
Consent to some sexual contact (such as kissing or fondling) cannot be presumed to be consent for other sexual activity (such as intercourse). A current or previous dating relationship is not sufficient to constitute consent. The existence of consent is based on the totality of the circumstances, including the context in which the alleged incident occurred and any similar previous patterns that may be evidenced. Silence or the absence of resistance alone is not consent. A person can withdraw consent at any time during sexual activity by expressing in words or actions that he or she no longer wants the act to continue, and, if that happens, the other person must stop immediately.
In Wisconsin, a minor (meaning a person under the age of 18 years) cannot consent to sexual activity. This means that sexual contact by an adult with a person younger than 18 years old is a crime, as well as a violation of this policy, even if the minor wanted to engage in the act. Formatted: Indent: Left: 0" Formatted: Font: 12 pt vi. Statutory Compliance Formatted: Numbered + Level: 1 + Numbering Style: i, ii, iii, … + Start at: 1 + Alignment: Right + Aligned at: 0.5" + Indent at: 0.75" Page 7 of 10
Title: EQUAL OPPORTUNITY, HARASSMENT AND Code: F0104 NONDISCRIMINATION
MATC shall comply with Section 38.12 Wis. Stats., by incorporating in its orientation program for newly entering student’s oral and written information on sexual assault and sexual harassment. Furthermore, MATC shall provide written information to every student annually. Coordination of compliance with this legislation is the responsibility of the Vice President of Student Services.
The MATC District Board shall annually submit a report to the Chief Clerk of each house of the legislature for distribution to the appropriate standing committees. This report shall indicate the methods the district board has used to comply with the requirements for both newly entering students and all students as required by the law.
The Wisconsin Technical College System District Board prohibits and will not tolerate the harassment of any employee or student by supervisory personnel, co- workers, students, or visitors.
3. Other Civil Rights Offenses, When the Act is Based Upon the Status of a Protected Class
Threatening or causing physical harm, extreme verbal abuse or other conduct which threatens or endangers the health or safety of any person on the basis of their actual or perceived membership in a protected class Discrimination, defined as actions that deprive other members of the community of educational or employment access, benefits or opportunities on the basis of their actual or perceived membership in a protected class Intimidation, defined as implied threats or acts that cause an unreasonable fear of harm in another on the basis of actual or perceived membership in a protected class Hazing, defined as acts likely to cause physical or psychological harm or social ostracism to any person within the college community, when related to the admission, initiation, pledging, joining, or any other group-affiliation activity (as defined further in the hazing policy) on the basis of actual or perceived membership in a protected class; hazing is also illegal under Wisconsin Statute 948.51 and prohibited by college policy Bullying, defined as repeated and/or severe aggressive behavior likely to intimidate or intentionally hurt, control or diminish another person, physically or mentally on the basis of actual or perceived membership in a protected class Violence between those in an intimate relationship to each other on the basis of actual or perceived membership in a protected class (this includes romantic relationships, domestic and/or relationship violence)
Page 8 of 10
Title: EQUAL OPPORTUNITY, HARASSMENT AND Code: F0104 NONDISCRIMINATION
Stalking, defined as a course of conduct directed at a specific person on the basis of actual or perceived membership in a protected class that is unwelcome and would cause a reasonable person to feel fear Any other College rules, when a violation is motivated by the actual or perceived membership of the victim in a protected class, may be pursued using this policy and process
4. Retaliation
Retaliation is defined as any adverse action taken against a person participating in a protected activity because of their participation in that protected activity. Retaliation against an individual for alleging harassment, supporting a complainant or for assisting in providing information relevant to a claim of harassment, is a serious violation of MATC policy and will be treated as another possible instance of harassment or discrimination. Acts of alleged retaliation should be reported immediately to the Vice President of Human Resources, the Title IX Coordinator, or designee and will be promptly investigated. MATC is prepared to take appropriate steps to protect individuals who fear that they may be subjected to retaliation.
5. Remedial Action
MATC will implement initial remedial and responsive actions upon notice of alleged harassment, retaliation and/or discrimination, and will take additional prompt remedial and/or disciplinary action with respect to any member of the community, guest or visitor who has been found to engage in harassing or discriminatory behavior or retaliation. Procedures for handling reported incidents are fully described in Procedure CC0200. Deliberately false and/or malicious accusations of harassment, as opposed to complaints which, even if erroneous, are made in good faith, are just as serious an offense as harassment and will be subject to appropriate disciplinary action.
6. Confidentiality and Reporting of Offenses Under This Policy
MATC officials, depending on their roles at the college, have varying reporting responsibilities and abilities to maintain confidentiality. In order to make informed choices, one should be aware of confidentiality and mandatory reporting requirements when consulting campus resources. On campus, trained counselors acting in a crisis counseling role and EAP resources may maintain confidentiality, offering options and advice without any obligation to inform an outside agency or individual unless the reporting individual requested information to be shared.
Page 9 of 10
Title: EQUAL OPPORTUNITY, HARASSMENT AND Code: F0104 NONDISCRIMINATION
All other campus resources will take action when you report victimization to them, while making efforts to afford as much privacy to the reporter as possible under the circumstances and sharing information on a need to know basis. a. Reporting Options
Complainants are encouraged to speak to College officials, such as the Title IX Coordinator, Director of Student Life, director of Athletics, Human Resources staff, Campus Police, etc. to make formal reports of incidents of sexual misconduct. Complainants have the right, and can expect, to have complaints taken seriously by the college when formally reported, and to have those incidents investigated and properly resolved through these procedures. Formal reporting still affords privacy to the reporter, and only a small group of officials who need to know will be told. Information will be shared as necessary with investigators, witnesses and the accused student/respondent. The circle of people with this knowledge will be kept as tight as possible to preserve a complainant’s rights and privacy.
7. Federal Timely Warning Obligations
Victims of sexual misconduct should be aware that college administrators must issue timely warnings for incidents reported to them that pose a substantial threat of bodily harm or danger to members of the campus community. The college will make every effort to ensure that a victim’s name and other identifying information is not disclosed, while still providing enough information for community members to make safety decisions in light of the potential danger.
Page 10 of 10
POLICY
Title: CONSUMPTION OF ALCOHOLIC Code: F0601 BEVERAGES ON MATC PROPERTY OR SPONSORED AT OFF-CAMPUS EVENTS
Authority: Board Minutes, 9/16/91; 2/21/95; 9/25/07; Original Adoption: 9/16/91 8/28/12 Revised/Reviewed: 8/28/12 Effective: 8/29/12
Alcoholic beverages may not be consumed on MATC premises and/or at MATC sponsored events except those functions approved by the Vice President of Student Services (for student organization related functions), or the Executive Vice President and Provost if the serving of alcoholic beverages is required as a component of a course curriculum is in conjunction with an academic activity, or for other non-student related functions.
MATC will comply with all applicable local, state, and federal laws relative to the sale and/or consumption of alcoholic beverages.
Page 1 of 1
POLICY
Title: ACADEMIC RENEWAL Code: F0901
Original Adoption: 6/23/15 Authority: Board Minutes, 6/23/15 Revised/Reviewed: Effective: 6/24/15
MATC acknowledges that a student’s past academic performance may not, for a variety of reasons, be reflective of the student’s subsequent demonstrated ability. Academic Renewal is intended to provide an opportunity to remove a period of poor academic performance at MATC from the student’s academic standing and graduation calculations. Renewed grades and credits will not, however, be utilized in calculating federal and other benefits like financial aid and veteran’s benefits.
Academic Renewal does not apply to federal or other government provided benefits including, for example, Financial Aid, Veterans Benefits, etc. Therefore, for purposes of these benefits all credit attempts are counted and will continue to affect eligibility.
All courses remain on the student’s transcript, but are not included in calculations for academic standing, or graduation, or cumulative grade point average.
A request for academic renewal must meet the following guidelines:
1. Prior to requesting Academic Renewal, the student must have earned a GPA of 2.0 or higher for a minimum of 12 credits. Credits must be earned after the semester(s) being requested to be renewed.
2. At least three years must have elapsed between the last semester being renewed and submission of the renewal request.
3. At the time of the request, the student must be currently enrolled and attending classes.
3.4. The request for Academic Renewal may be for one or two semesters. The semesters do not have to be consecutive. If the renewal is awarded, all grades and hours during the enrollment period are included.
4.5. A course and its related credits that are removed for purposes of renewal cannot be used for any purpose at all including to demonstrate competency in a subject matter, to fulfill credit hour requirements, to meet graduation requirements or for any other purpose.
5.6. A student is eligible for only one Academic Renewal during the student’s academic career at MATC.
Page 1 of 1
POLICY
Title: CHILD CARE SERVICES Code: F1000
Authority: Board Minutes, 2/23/89; 5/20/91; Original Adoption: 2/23/89 10/25/93; 2/21/95; 9/25/07 Revised/Reviewed: Effective:
Milwaukee Area Technical College is committed to enhancing access to its educational programs and services by assuring that students have the opportunity to obtain affordable quality child care services. The MATC District Board establishes the following goals for child care services:
1. Services shall be on or near all campus locations.
2. Services as well as facilities (both indoor and outdoor) shall be safe, sanitary, and exceed minimum state and community standards.
3. Services shall include a parental education and support component.
4. Services shall be reflective of and sensitive to the cultural diversity of the community the district serves.
5. Services shall be administered under the Enterprise and Auxiliary Services Division.
6. Services shall include early childhood education programs for component which accommodates infants/toddlers, preschoolers, and school-age children.Flexible scheduling options will be available to students and.when staffing and space allow Short-term, occasional-use care shall also be accommodated.
7. Priority for services shall be given to children of parents who are full-time MATC students. MATC employees may utilize services when space is available. Enrollment of non-students will not exceed more than 30 %at the expanded facilities. can include a focus of sixty (60) percent student/forty (40) percent non-student.
The MATC District Board also believes that the College should demonstrate a leadership role in improving and enhancing the overall quality of child care services in the region and nation and in fostering the entrepreneurial aspects of the child care industry. Toward that end, the College shall create a demonstration childcare program that will serve as an exemplary model for new and emerging practices in early child care services and practices.
Page 1 of 2 Title: GUIDANCE, COUNSELING, Code: F0400 PSYCHOLOGICAL SERVICES, PLACEMENT
The district will ensure that its provision of childcare services is accessible and barrier free to all students and their dependents, and otherwise in compliance with the Americans With Disabilities Act.
Page 2 of 2 Attachment 6-g
POLICY
Title: FREEDOM OF SPEECH AND EXPRESSION Code: G0050
Authority: U.S. Constitution, 1st Amendment; Board Original Adoption: 1/24/12 Minutes, 1/24/12 Revised/Reviewed: Effective: 1/25/12
Milwaukee Area Technical College recognizes that experiencing a wide array of ideas, viewpoints, opinions and creative expression is an integral part of the education process. The rights of freedom of speech and expression are fundamental and essential to an individual’s intellectual and social development through debate and the sharing of ideas, which are the foundation of educational institutions.
The responsibility of the college to operate and maintain an effective and efficient institution of higher education requires the regulation of the time, place and manner of assembly, speech and other expressive activities on MATC property. In keeping with this responsibility, students, faculty and staff are free to exercise the rights to assemble and engage in expressive activity in a constitutionally protected manner, subject only to the content-neutral regulations necessary to fulfill the mission and obligations of the college, preserve the rights of others, coordinate multiple uses of limited space, assure preservation of the facilities and property, and assure financial accountability for any damage caused by these activities.
Freedom of expression does not extend to actions that are illegal under applicable laws. This policy does not endorse, or relieve any person from legal liability for actions that amount to libel, slander, or obscenity. By supporting the exercise of free speech and expression on campus, the college does not sanction the messages that are being declared or the methods of expression used, unless expressly stated otherwise.
Inquiries or questions regarding this policy should be directed to the Office of General Counsel.
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POLICY
Title: SAFETY AND SECURITY Code: G0300
Authority: Wis. Stats. § 38.12(1); Board Minutes, Original Adoption: 7/27/76 7/27/76; 11/28/95; 1/25/00; 9/25/07 Revised/Reviewed: Effective:
The Milwaukee Area Technical College District Board is committed to maintaining a safe and secure environment on anydistrict property facilities owned or controlled by the college and authorizes all appropriate measures to carry out this commitment.
The board supports the concept that MATC Public Safetysecurity officers be given the authority to exert the necessary measures in maintaining conditions conducive to individual safety and security of property in MATC facilities and on property controlled by the college.
Notwithstanding any other policies governing other MATC faculty, staff, and students, Public Safety Officers are authorized to carry such equipment as authorized by the Vice President and General Counsel for the protection of themselves and others. Firearms will be strictly prohibited.
See Also: MATC District Board Policy G0301-1, Weapons on MATC Property
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POLICY
Title: WEAPONS ON MATC PROPERTY Code: G0301-1
Authority: Wis. Stats. Chapters 941 Subch. III; 167.31; 175.60, Sections 939.22(10), Original Adoption: 8/22/95 941.295(4), 943.13, 948.605, 948.61; Revised/Reviewed: 10/25/11 Board Minutes, 8/22/95; 1/25/11; Effective: 10/26/11 10/25/11
Purpose
In order to achieve MATC’s teaching, training and public service missions, the MATC Board considers it essential that all persons feel safe and free from violence, threats and intimidation when in MATC buildings or attending MATC related functions or events. Accordingly, the Board hereby regulates the possession and carrying of weapons by members of the MATC community and by others when on MATC property and/or property owned or controlled by the college.
Definitions
“Dangerous weapon” means any firearm, whether loaded or unloaded; any electric weapon, as defined in Wis. Stats.; § 939.22 (10) 941.295(4); billy clubs, bows of legal hunting strength, metallic knuckles or any substance which would be put to the same use with the same or similar effect as metallic knuckles; a nunchaku or any similar weapon consisting of 2 sticks of wood, plastic or metal, connected at one end by a length of rope, chain, wire or leather; a cestus or similar material weighted with metal or other substance and worn on the hand; a shuriken or any similar pointed star-like object intended to injure a person when thrown; a chain having weighted ends; any switchblade knife, as defined in Wis. Stats., § 941.24; any knife which is designed to be used primarily as a weapon or is used as a weapon; baton of any type; explosive devices of any type; any “look-alike” instrument or weapon (i.e. “b.b. gun,” pellet gun), oleoresin capsicum spray (pepper spray); or any other device or instrumentality which, in the manner it is used or intended to be used, is capable of or likely to produce death or bodily harm.
“MATC Building” means any privately or publically owned building on the grounds of MATC or any building that is owned, occupied or controlled by MATC. MATC Building as used in this policy excludes any building or portion of a building used as a parking facility.
“MATC Property” means any MATC building, grounds, recreation area or athletic field or any other property owned, used or operated by or for MATC purposes.
“Student” means an individual taking one or more MATC provided courses or classes, credit or noncredit, or participating in any educational, technical or training program administered in whole or in part by MATC.
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Title: WEAPONS ON MATC PROPERTY Code: G0301-1
“Employee” means any individual employed by MATC, including a student employee, when acting within the scope of his or her employment.
“Visitor” means any person who is on MATC property, except an employee or student.
Policy Statement
No person, whether a student, employee or visitor shall possess dangerous weapons in any MATC building, or at any MATC related event which is posted. Employees are prohibited from carrying any weapon (except as allowed by statute in their own personal vehicle) during the course of their employment. Students are also required to observe the policy and posting of any employer property owner at any alternative site used or visited for college business or instruction. Illegal weapons are prohibited on all MATC property. Any person who is prohibited by state or federal law or court order from possessing firearms is prohibited from possessing firearms on all MATC property.
Violation of this policy shall be immediately reported to law enforcement authorities and the MATC Public Safety Department. Students violating this policy shall be subject to disciplinary action which may include suspension or expulsion. Employees violating this policy may be subject to discipline up to and including termination.
Any legal weapons maintained or possessed in a vehicle must be encased and unloaded (except for handguns) and stored out of sight in a locked vehicle. Any person in legal possession of a weapon in an area not prohibited is responsible for complying with all applicable local, state, and federal statutes, rules, and regulations. Employees and students must observe the policy of the employer or property owner at any alternative site visited for college business or for instruction.
Exemptions:
A. This policy does not apply to MATC’s firearms instructors or students, whether or not they are sworn law enforcement officers, while engaged in firearms training classes or transporting weapons for repair or other training sessions.
B. This policy does not apply to sworn on duty authorized law enforcement officers acting or on duty members of the military when authorized to carry weapons by their direct supervisor or commanding officer, and in accordance with applicable agency rules and policies. Authorized law enforcement officers in plain clothes must keep any authorized weapons concealed at all times in their official law
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Title: WEAPONS ON MATC PROPERTY Code: G0301-1
enforcement capacity. Sworn law enforcement officers are not authorized to carry their firearm while acting as MATC employees and conducting MATC business.
C. The transportation of firearms for authorized training classes in MATC buildings must be in accordance with Wis. Stats., § 167.31(1g) and Wis. Stats., § 167.31(1b); that is, unloaded and encased.
D. Persons carrying a weapon, in accordance with A or B above may be prohibited from possessing or carrying a dangerous weapon when such possession combined with the nature of the training creates a substantial threat of safety. Any prohibition imposed under this section must be authorized in advance by the Vice President and General Counsel, or designee. Such authorization may be by means of general order or through case-by-case review.
E. This policy does not prohibit authorized MATC Public Safety personnel from carrying such equipment as authorized by the Vice President and General Counsel for the protection of themselves and others, as provided in MATC Policy G0300.
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POLICY
Title: CHILD SAFETY AND WELFARE ON Code: G0302 CAMPUS
Authority: Wis. Stats. § 38.05(14), 48.981(1), Original Adoption: 11/22/93 48.981(2)(3); Wis. Administrative Code Revised/Reviewed: TCS Chapter 6; Board Minutes, 11/22/93; Effective: 1/25/00; 9/25/07
BACKGROUND
The MATC District Board is committed to ensuring the safety of all students, employees, and their dependents as well as members of the general public who visit MATC campuses. Toward that end, this policy is implemented.
POLICY
The MATC District Board reserves the right to ensure the safety of minors (under the age of 18 years). Student Life officials and Public Safety staff can require adult supervision of minors when, in the officials' judgment, the situation so requires. If, in the judgment of a member of the MATC staff, an unattended minor requires assistance, Public Safety staff will be notified. Every effort will be made to notify appropriate family members. The Student Life office will assist in these efforts.
If any MATC staff member observes, or is notified of suspected physical child neglect/abuse on MATC premises as defined in Wisconsin Statutes §48.981(1), it will be reported to Public Safety. Wisconsin Statutes require reporting all incidents of suspected child abuse or neglect. The Public Safety office will be responsible for assisting the staff member in complying with the applicable state reporting requirements.
On North, South and West Campuses, the Student Life coordinator will be the point of contact. Staff working at satellite centers should report child safety and neglect concerns to the nearest MATC campus.
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POLICY
Title: CAMPUS SAFETY Code: G0303 (WORKPLACE VIOLENCE)
Authority: Wis. Stats. Chapter 38; WI Admin. Code Original Adoption: 5/19/98 WTCS Chapter TCS 6; See also MATC Revised/Reviewed: District Board Policies: C0201, G0300, Effective: G0301, G0301-1, G0302; Board Minutes, 5/19/98; 9/25/07
PURPOSE
Workplace violence is a major challenge and is, unacceptable at any level in public or private institutions. Many legal responsibilities exist under provisions of the Occupational Safety and Health Act; the Wisconsin Safe Place Statute; the Drug Free Workplace Act, Title VII U.S.C.; and the Wisconsin Fair Employment Act. Wisconsin statutes define workplace violence as 1) an act done with intent to cause bodily harm to that person or another without the consent of the person so harmed; and 2) conduct or expression that threatens bodily harm.
Any form of harassment, intimidation, threats, or bullying that threatens bodily harm will not be tolerated. There is no justification for such actions. All employees and students who engage in such violent, threatening, intimidating or harassing behavior, will face discipline, up to and including termination from the collegeremoval from their positions or academic programs. Members of the general public are also subject to this policy. Violators can be removed from campus and appropriate action taken (see also G0300, Safety and Security).
PROHIBITED ACTS
Any person who makes threats of bodily harm, or exhibits threatening behavior either verbal or physical, or engages in such acts on MATC property and/or property owned/controlled by the college shall be immediately removed from the premises and shall remain off MATC premises pending the outcome of an investigation. Milwaukee Area Technical College will initiate a decisive and appropriate resolution. This resolution may include disciplinary action up to and including terminationremoval from a person’s position or academic program. Furthermore, MATC may seek legal prosecution against those acting in violation of the law or may seek an injunction against the individual found to have violated this policy.
OBLIGATION TO REPORT INCIDENTS OF VIOLENCE
All MATC personnel are responsible for notifying the Public Safety Department at 414- 297-6588designated MATC officials listed below of any threats, threatening behavior, or acts of violence as defined above, which they have witnessed, when that behavior is job
Page 1 of 2
Title: CAMPUS SAFETY Code: G0303 (WORKPLACE VIOLENCE)
related or might be carried out on an MATC controlled site. Employees are responsible for making this report regardless of the relationship between the individual who initiated the threat or threatening behavior and the person or persons who were threatened or were the focus of the threatening or violent behavior.
TEMPORARY RESTRAINING ORDERS
This policy also requires all individuals who apply for or obtain a protective or restraining order which lists MATC locations as being protected areas, to provide the Department of Public Safety a copy of the petition and declarations used to seek the order, a copy of any temporary protective or restraining order which is granted, and ultimately a copy of any protective or restraining order which is made permanent.
PROCEDURES
Student Code of Conduct (Director, Student Life) Departmental Work Rules (Divisional Heads) Public Safety Regulations (Chief, Public Safety)
MATC officials who may be contacted to report safety violations or incidents of violent behavior:
Chief, Department of Public Safety 414-297-6990
Emergency Response Center 414-297-6588
Director, Student Life 414-297-6870
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POLICY
Title: TOBACCO-FREE DISTRICT FACILITIES Code: G0401
Original Adoption: 5/19/85 Authority: Wis. Stats. § 101.123; Board Minutes, Revised/Reviewed: 1/25/00 3/19/85; 7/20/92; 1/25/00 Effective:
The MATC District Board is strongly committed to providing a healthful environment for Formatted: Font: (Default) Arial, 12 pt all students, employees, visitors and guests of Milwaukee Area Technical College.
Effective November 1, 2012 all MATC property, buildings and grounds will be tobacco- free, both indoors and outdoors. This policy prohibits tobacco use, including the use of e-cigarettes or vape pens, anywhere on district-owned or district-leased property, including buildings, grounds, parking lots and vehicles, in accordance with the District’s authority pursuant to Wis. Stat. § 101.123(4m). This policy applies to all students, employees and visitors of the college.
The college provides resources that can assist with the challenges associated with quitting tobacco usage. Employees should contact Human Resources for information concerning cessation of tobacco use. Students are encouraged to contact Student Life for information about available resources.
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POLICY
Title: BLOODBORNE PATHOGENS Code: G0402
Authority: OSHA 29 CRF 1910.1030; Department of Original Adoption: 8/23/93 Safety and Professional Services (DSPS Revised/Reviewed: 32.15) Board Minutes ______( ______10/24/18 ) Effective: 1/26/00______
The Bloodborne Pathogens Exposure Control Policy has been adopted to establish safe handling processes involving blood, other potentially infectious materials and contaminated sharps and to follow OSHA’s Bloodborne Pathogen Standard (1910.1030) (“the Standard”) and the Department of Safety and Professional Services (DSPS 32.15). The State of Wisconsin Department of Health and Family Services has adopted an employee protection policy on bloodborne pathogens including, but not limited to, the HBV or Hepatitis B virus, and HIV or human immunodeficiency virus. All public sector workers employed in the State of Wisconsin are covered by this policy.
Milwaukee Area Technical College recognizes that circumstances may arise where that at some point in time an employee will likelycould come into contact with a person who carries anhas an alleged infectious disease. College personnel, when dealing with blood, items stained with blood or other bodily fluids, or persons in high-risk groups, should exercise extreme caution.that employees may be at risk if they come in contact with blood and body fluids. Epidemiologic evidence has implicated blood, semen, vaginal secretions, breast milk, and several other body fluid vehicles for transport of pathogens.
The CollegeDistrict is committed to facilitating universal precautions to prevent contact with blood or other potentially infectious materials. This will be accomplished by eliminating or minimizing employee exposure to infectiousve agents or materials so that employees are able to make knowledgeable decisions about any personal risk of employment. A Bloodborne Pathogen Exposure Control Plan (“the Plan”) has been developed which includes procedures designed to develop in employee’s an awareness of infections caused by bloodborne pathogens and to inform train employees as to the proper use of appropriate protective measures. The College will also provide training, as deemed necessary, to appropriate employee groups. This Pplan will address all the elements listed in the Standard, including records of all training. Training procedures and content will be reviewed and updated annually. also defines the OSHA (HFS) categories for exposure to bloodborne pathogens in compliance with 29 CFR 1910.1030. and outlines procedures to be followed when an exposure occurs. Through training and a cooperative effort between the District Board and the employees.
Post exposure evaluation and follow-up will be available to all employees who have an exposure incident. These services will be provided free of charge, at a reasonable time and place, performed by or under the supervision of a licensed physician or other licensed health care professional, and provided in accordance with the recommendations of the Public Health Department. Via this plan, MATC promotesThe
Page 1 of 2
Title: CAMPUS SAFETY Code: G0303 (WORKPLACE VIOLENCE)
Plan helps to promote of the District, a safe and healthyful work environment in accordance with federal, state, and local regulations. will be provided. It is also the intent of this policy to train, educate, and establish guidelines and procedures for employees to reduce the risk associated with exposure to blood and/or bodily fluids
The program will be reviewed annually by the district, and updated as necessary.
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POLICY
Title: COMMUNICABLE DISEASE CONTROL Code: G0403
Authority: Wis. Stats. Chapter 252; Wisconsin Original Adoption: 10/25/93 Administrative Code Chapter TCS 6; Board Revised/Reviewed: 9/25/07 Minutes, 10/25/93; 1/25/00; 9/25/07 Effective: 9/26/07
BACKGROUND
The MATC District Board is committed to complying with statutory and regulatory requirements for the reporting of communicable diseases. Toward that end, the District Board provides this policy and reporting procedures to be followed in the event of the discovery of a communicable disease among either students or employees at MATC. Please note that in this policy the “health center" refers to the local health department (see Appendix B for a listing of all area health departments).
REPORTING COMMUNICABLE DISEASES
A. A communicable disease is a disease which may be transmitted directly or indirectly from one individual to another due to an infectious agent or toxic product produced by it. (See Appendix A). Health Center staff should refer to the Wisconsin Administrative Code for reporting timelines.
B. Educational information will be provided upon request to staff and students to increase awareness of communicable diseases and how they are transmitted.
C. All suspected cases of communicable diseases shall be regarded as actual cases until proven otherwise, and all rules and regulations applicable to actual cases shall be applied to them.
D. Staff will be familiar with the sources of and refer persons for screening tests and diagnostic services when requested or if hHealth cCenter staff observe symptoms of a communicable disease.
E. MATC shall preserve the privacy rights of infected individuals.
F. MATC will ensure that students or staff members with a suspected communicable disease report to the hHealth cCenter for evaluation and referral to their private physician or their local community health department (See Appendix B).
G. In the event that the hHealth cCenter is not staffed, any teacher, supervisor, daycare worker, or coworkers knowing of a case or suspected case in the district, shall notify the Milwaukee Health Department. This
Page 1 of 2 Title: COMMUNICABLE DISEASE CONTROL Code: G0403
shall be followed by a written report to the MATC hHealth cCenter. It will be the responsibility of the teacher or supervisor to send the person home. The teacher, supervisor, or daycare worker shall also direct the student, employee or parent to contact his/her physician or local health department.
H. When isolation is required, staff and/or students will not be allowed to attend classes or work. Isolation is the separation of cases or carriers from other persons in such places and under such conditions as to prevent the direct or indirect conveyance of the infectious agent.
Page 2 of 2 Attachment 6-h
The Wisconsin Technical College System, MATC, and MATC administration determine how the Formatted: Font: Bold college’s legislative interests will be represented. POLICY Formatted: Justified Formatted: Font: Bold
Title: LEGISLATIVE REPRESENTATIVE FOR Code: H0201 MILWAUKEE AREA TECHNICAL COLLEGE
Authority: Board Minutes, 12/18/68 Original Adoption: 12/18/68 Revised/Reviewed: Effective: 12/19/68
The increasing state activity in vocational education necessitates a constant representation from the Milwaukee Area Technical College to protect the school's and the community's interests. Therefore, the Milwaukee Area District Board shall authorize individuals from the Board and the administration to represent the school and community in all legislative matters that may affect the Milwaukee Area Technical College.
Page 1 of 1 This policy is no longer relevant. WTCS Financial and Administration Manual sets forth accounting and Formatted: Left approval requirement for the district board. POLICY Formatted: Font color: Red
Title: COMMUNITY - MATC COOPERATION Code: H0202
Authority: Board Minutes, 11/12/69 Original Adoption: 11/12/69 Revised/Reviewed: Effective: 11/13/69
The district board encourages the administration to participate and cooperate with community and state organizations for mutual advantage to further the development, growth, and expansion of vocational and technical education.
When such ventures involve monetary contribution or other financial commitment, the board shall review for approval all such activities.
Page 1 of 1 POLICY
Title: MARKETING AND COMMUNICATIONS Code: H0203
Authority: Board Minutes, 12/13/72; 3/28/89 Original Adoption: 12/13/72 Revised/Reviewed: Effective:
The Milwaukee Area Technical College (MATC) Board of Directors recognizes the need to maintain a marketing and communications program that will inform prospective students of the educational programs and services of the College and inform prospective industry partners of the services offered. Furthermore, the Board acknowledges the need to establish an institutional relations plan as a component of the College's marketing plan.
The District will plan, implement, and manage a targeted marketing and communications program designed to inform the general public of MATC's mission, education programs, services, and achievements.
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POLICY
Title: CONTRACT SPEAKERS Code: H0204
Authority: Board Minutes, 12/13/72; 5/21/96 Original Adoption: 12/13/72 Revised/Reviewed: Effective:
Speakers, external to Milwaukee Area Technical College (MATC), may present to students and/or employees within facilities of the college. External parties may also rent facilities for non-college related events.
It is intended that groups using MATC the facilities of the Milwaukee Area Technical College shall have maximum freedom in presenting speakers on various points of view that are consistent with the welfare and security of MATC the Milwaukee Area Technical College and rights of all persons. The District Board is sensitive to the First Amendment rights of students and staff.
A. Speakers Making Presentations to Students: Formatted: Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: Speakers invited by Student Affairs or student groups will be approved by the Office of 0.25" + Indent at: 0.5" Student Affairs. Payment for their services will be in accordance with applicable Formatted: Indent: Left: 0.25" Student Affairs procedures.
In any event, MATC will honor the terms and conditions of agreements entered into Formatted: Indent: Left: 0.25" with speakers that do not conflict with state statutes or state administrative Code regulations for technical colleges. This includes, but is not limited to, such areas as copyright infringement, reproduction or recording of speeches and presentations. (See attached MATC Standard Rider)
B. Speakers Making Presentations to Faculty and Staff: Formatted: Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: Speakers invited to speak before employees of MATC will be approved by appropriate 0.25" + Indent at: 0.5" officials and when necessary, their services obtained through normal Formatted: Indent: Left: 0.25" procurement/independent contractor procedures. Formatted: Font: Bold C. Speakers Presenting as Part of a Facilities Rental Agreement Formatted: Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: External individuals and groups shall follow the procedure for rental of MATC Facilities 0.25" + Indent at: 0.5" by External Individuals and Groups (Procedure GG0051). An external individual or Formatted: Indent: Left: 0.25" group who has rented MATC facilities may have speakers that have no contractual relationship with MATC. Rental of an MATC by an individual or group does not constitute an endorsement by the college of the individual; group; viewpoints expressed by the individual or group; or statements made of presented during the rental period.
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Title: CONTRACT SPEAKERS WMVS/WMVT Code: CONTRACT, CO-PRODUCTION, AND H0204I0601 SHARED PURCHASE AGREEMENTS
Subject to this basic policy are further subject to all applicable legal requirements. The President/District Director and authorized representatives shall have the right to refuse permission for use of the MATC facilities by a contracted speaker. Subject to this basic policy and further subject to applicable legal requirements, the President/District Director and authorized representatives shall have the right to refuse permission for use of the facilities of the Milwaukee Area Technical College by a contract speaker.
Page 2 of 2 Attachment 6-i
POLICY
Title: PUBLIC TV STATIONS Code: I0100
Authority: Sections 399(a)(b)(c) of the Original Adoption: 10/9/52 Communications Act of 1934 as Revised/Reviewed: Amended; Public Broadcasting Act of ______11/27/12 1981; FCC 2nd Report and Order - BC Effective: ______11/28/12 Docket #21136 86 FCC 2d 141 (1981); FCC Reconsideration Decision of 1982; FCC Memorandum Opinion and Order - BC Docket #21136 97 FCC 2d 255 (1984) - Reconsideration II; Board Minutes, 10/9/52; 10/24/95; 11/27/12, ______
The Milwaukee Area Technical College District Board, licensee of Milwaukee PBSPublic Television Stations, WMVS, Channel 10 and WMVT, Channel 36, delegates to the President as the executive director the responsibility for administering the policies of the board relative to the two stations' development, programming, and operation in compliance with the rules and regulations of the Federal Communications Commission (FCC).
The following policies (executed by the executive director) shall govern the operations of Channels 10/36 (WMVS) and (WMVT):
I. Personnel Practices
Stations WMVS/WMVT shall follow fair employment practices in hiring their staff, as related to the FCC Regulations, and will conduct such practices in accordance with policies set forth by the Milwaukee Area Technical College District Board.
II. Non-commercial nature of the Television Stations WMVS/WMVT shall conform to the FCC Rules and Regulations regarding the non-commercial nature of their broadcasts.
A. No television program will be broadcast on WMVS or WMVT that contains messages whose intent is to sell goods, products, services or other commodities.
B. Stations WMVS/WMVT will not broadcast messages intended to sell goods, services, or commodities, either within the content of a program, adjacent to their programs, or as spot announcements during, preceding, or following station identifications.
Page 1 of 4
Title: PUBLIC TV STATIONS Code: I0100
C. There will be the following exceptions:
1. The television stations will be permitted to broadcast a television auction on their behalf, during which FCC Rules governing TV auctions on non-commercial television stations will be followed.
2. Occasional use of the stations' air time is permitted for membership announcements, whose proceeds will be used for the benefits of Milwaukee PBSPublic Television.
3. The products and services of government and not-for-profit organizations may be represented in a commercial format.
D. The FCC places limits on the stations in selling broadcast time to government and non-profit organizations. The stations are permitted to recover the costs of production and broadcast as well as the added value of market exposure. The stations use a "cost plus" reimbursement schedule when billing for these services.
III. Local Programming
A. Instructional Television Programs
Recognizing the vital importance of television as a teaching and communications tool, WMVS and WMVT will foster, assist in developing, produce, and broadcast instructional television series and programs aimed at improvement of teaching in the school classrooms in the coverage area served. The stations' facilities will be available to qualified community public and private educational institutions for such programming to meet specific educational needs of the community.
B. Community interest programming covering a wside range of program content will be produced by the Public Television stations. in cooperation with community educational, cultural, governmental, and other legitimate public agencies. Formatted: Indent: Left: 0", Hanging: 1.5", Tab stops: 1. In producing local programming, management of the stations 0", Left + 0.5", Left + 1", Left will arrange with community agencies the extent to which each will
Page 2 of 4
Title: PUBLIC TV STATIONS Code: I0100
bear incurred costs and share production responsibilities and rights to the finished product.
12. Television Program Underwriting
a. Stations WMVS/WMVT may seek patrons or "underwriters" for local program series, or for series produced elsewhere for which there is a rental usage fee, observing FCC Rules and Regulations applicable to non-commercial stations regarding underwriting.
b. Underwriters will be requested to bear fully or in part the sorts of production, filming, video tapingvideotaping, and promoting the TV series, or program, in exchange for appropriate credit at beginning and closing of the programs as set forth in FCC Regulations.
c. Program underwriters will be selected carefully to avoid association between program and underwriter, which could result in conflict of interest, or too close relationship between program matter and the underwriter's product, business, or special professional or personal interest.
d. Sources of funds must be disclosed, and underwriters will have no control over program content.
C. Public Affairs Programming
WMVS/WMVT will produce local television programs dealing with problems and issues arising in the community.
1. Stations will carefully observe principles set forth in the FCC Fairness Doctrine in carrying out their programming.
12. Stations will present a balanced program schedule related to public affairs programs, issues and problems explored, and points of view expressed. The principle of providing "reasonable access" for all points of view to be expressed shall be practiced.
Page 3 of 4
Title: PUBLIC TV STATIONS Code: I0100
3. The stations will observe Section 315 of the FCC Rules and Regulations regarding locally produced and network originated political broadcasts.
4. WMVS/WMVT are not to be used to advance the personal political goals of political office holders. Public officials will be afforded an opportunity to use the stations for full explanation of policy of their offices and relevant community issues. Usage of the station must relate to the public interest and its needs, rather than to those of the individual providing the program.
IV. Network Programming and Affiliation
Stations WMVS/WMVT shall provide the community with national, regional, and state network program services. The stations will make necessary affiliation arrangements, with licensing board approval, to provide this service. The executive director will work in support and development of viable network program service on the board's behalf. Stations WMVS/WMVT will provide locally produced programming to these network services as may be required, within stations' production capabilities, consistent with their mission and goals.
Page 4 of 4
POLICY
Title: WMVS/WMVT MISSION STATEMENT Code: I0101
Authority: Board Minutes, 9/18/89; 6/17/91, Original Adoption: 9/18/89 ______Revised/Reviewed: ______6/17/91 Effective: ______6/18/91
WMVS-TV, Channel 10, and WMVT-TV, Channel 36, are nonprofit, public, and educational television stations, established to serve, inform, educate, and improve the quality of life of the people in the eleven counties of southeastern Wisconsin with exceptional quality television programming. The Federal Communications Commission has entrusted the district board of the Milwaukee Area Technical College to operate the stations in the public interest, necessity, and convenience.
WMVS/WMVT-TV provides telecommunications services supported by a unique public/private funding partnership. MATC has established that the mission of WMVS/WMVT is to: a. Present the program schedule of the Public Broadcasting Service supplemented with acquisitions of other program suppliers. b. Produce educational, cultural, and informational programs which meet the ascertained needs and interests of our viewers or which enhance the public service interests of the college, the community, and area institutions. c. Function as an MATC instructional department by delivering distant learner courses Formatted: Indent: Left: 0", First line: 0" and facilities for students enrolled in MATC certificate, diploma, or associate degree programs. Formatted: Indent: Left: 0", Hanging: 0.4" d. Offer a comprehensive broadcast curriculum of instructional and educational programming benefiting learners from preschool to postsecondary levels. ce. Supplement program production with outreach activities which provide a catalyst for community action on pressing social and educational issues. df. Experiment with innovative applications of new technology that will expand station and college services either qualitatively or quantitatively.
WMVS/WMVT-TV is committed to providing access to its services through close cooperation with all other educational institutions, the private and public sectors, labor, and community-based organizations that serve viewers in our service area.
WMVS-WMVT will maintain an institutional climate which fosters employee initiative and responsibility, which promotes student welfare, which facilitates and encourages
Page 1 of 2
Title: WMVS/WMVT MISSION STATEMENT Code: I0101
professional development and multicultural understanding, which develops a workforce representative of the viewers in our service area, and which creates public appreciation of the quality of public television and its value to the community.
Page 2 of 2
POLICY
Title: MATC BOARD OVERSIGHT AND FINANCIAL Code: I0102 SUPPORT OF WMVS/WMVT SERVICES
Authority: Wis. Stats. § 38.001(3)(c); 38.16(1)(2); Original Adoption: 10/24/94 67.04(2) and 67.07; MATC Board Policies Revised/Reviewed: - A0104B; A0111; A0111A; D0106; 11/27/12______H0101; I0100; I0200; I0400; MATC Board Effective: 11/28/12______Minutes, 3/28/94 (Future: Channels 10&36 Task Force Recommendations); 10/24/94; 2/15/00; 11/27/12, ______
The Milwaukee Area Technical College Board recognizes and supports the mission of and services provided by WMVS/WMVT-Television.
WMVS/WMVT is a division of Milwaukee Area Technical College (MATC) and exists for the purpose of "...providing community services and avocational or self- enrichment activities” as outlined in Chapter 38.001(3)(c) of the Wisconsin Statutes.
The MATC Board recognizes, as a Federal Communications Commission (FCC) licensee, its responsibility to serve as the fiduciary agent for the television stations. In addition to levying taxes under its authority in Chapter 38.16(1) and (2), the MATC Board has approved policy to affiliate with various federal, state, and organizations to assure the financial well-being of the stations.
The MATC Board recognizes, as a FCC licensee, its responsibility to serve as stewards of the public trust. In recognition of this responsibility, the MATC Board has established The Public Television Committee to monitor station activities in open session and report to the MATC Board once a month.
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POLICY
Title: PRINCIPLES OF EDITORIAL INTEGRITY IN Code: I0200 MATC’S PUBLIC BROADCASTING STATIONS, WMVS AND WMVT Original Adoption: 6/28/88 Revised/Reviewed: Authority: Board Minutes, 6/28/88; 12/16/08, 12/16/08______Effective: 12/17/08______
The mission of our public broadcasting stations, WMVS and WMVT, is to use television and related media to bring to our community the highest accomplishments of our society and civilization in all of its rich diversity, to permit talented individuals to fulfill the potential of public media to educate and inform, and to provide opportunities to diverse groups of citizens to benefit from content unavailable form other sources.
The men and women of the MATC District Board are custodians of the college’s fiscal reputation, a currency necessary to acquire support from those whose taxes and donations make public broadcasting possible. They are also the final guardians of public broadcasting’s editorial integrity and its reputation in the marketplace of ideas, where reputation is legal tender.
Editorial integrity in public broadcasting means the responsible application by professional practitioners of a free and independent decision-making process which is ultimately accountable to the needs and interests of all citizens.
In order to assure that content meets the standards of editorial integrity the public has a right to expect, the following five principles and guidelines establish a foundation for trustee action. The principles and guidelines also form a basic standard by which the services of WMVS and WMVT can be judged. At the same time, they form a basis for evaluating all aspects of our stations’ governance, from enabling legislation to the policy positions of the MATC Board. The ultimate goal of the principles and guidelines is to assist public broadcasting trustees in fulfilling their vital role in this important public service.
I. We Are Trustees of a Public Service.
Public broadcasting was created to provide a wide range of content of the highest professionalism and quality which can educate, enlighten, and entertain the American public, its audience and source of support. It is a noncommercial enterprise, reflecting the worthy purpose of the federal and state governments to provide education and cultural enrichment to their citizens.
As trustees of this public service, part of our job is to educate all citizens and public policymakers to our function, and to assure that we can certify to all citizens that station management responsibly exercise its editorial freedom and
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Title: PRINCIPLES OF EDITORIAL INTEGRITY IN Code: I0200 MATC’S PUBLIC BROADCASTING STATIONS, WMVS AND WMVT
actively seeks the public input necessary to achieve public broadcasting’s mission effectively. We operate WMVS and WMVT as part of the public service mission of MATC; as such we intend for citizens and community leaders to think well of the college because our stewardship of the stations ensures content that is of integrity and quality, and is responsive to the public’s needs.
II. Our Service is Content.
The purpose of public broadcasting is to offer its audience public and educational content that provides alternatives in quality, type, and scheduling. Content is defined as all materials, whether produced for television, printed, developed for the Internet, or other emerging media platforms, that are produced through the stations’ journalistic processes for developing materials, including program specific underwriting materials. Content does not include materials developed by WMVS/WMVT related to academic programs of MATC such as course descriptions, material regarding educational/occupational programs of MATC and general fundraising activities. All WMVS and WMVT materials shall contain a reference to MATC as the operator of the stations. All activities of a public broadcasting licensee exist solely to enhance and support excellent content. No matter how well other activities are performed, public broadcasting will be judged by its content and the content’s value to the audience.
As trustees, we must create the climate, the policies, and the sense of direction which assure that the mission of providing high quality content remains paramount.
III. Credibility is the Currency of the Stations’ Content.
As surely as content is the purpose, and the product by which audiences judge our stations’ value, that judgment will depend upon their confidence that our content is free from undue or improper influence from public policymakers, funders, non-broadcast college staff, and individual members of the District Board. Our role as trustees includes educating all citizens to the importance of this fact and to assuring that our stations are able to meet this challenge in a responsible and efficient way.
As trustees, we must adopt policies and procedures that enable professional management to operate in a way which will give the public full confidence in the editorial integrity of our content. Undue or improper influence on content, or on the employment or contracting of those who develop or select content for WMVS
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Title: PRINCIPLES OF EDITORIAL INTEGRITY IN Code: I0200 MATC’S PUBLIC BROADCASTING STATIONS, WMVS AND WMVT
and WMVT, is to be avoided as an erosion of editorial integrity, and such interference is to be reported to the Chair of the Public Television CommitteeCollege President or President of the MATC District Board. The WMVS/WMVT General Manger shall be responsible for selecting all members of hiring committees appointed to consider the hiring of content related employees. For purposes of this policy, the content related employees shall be those occupying the position of producers, directors, program directors, on-air talent, promotional/ marketing staff and the managers that oversee these positions. Hiring committees shall consist of diverse members which are reflective of the broad composition of the College. The hiring committee shall take every reasonable step to ensure that a diverse pool of candidates are recruited, reviewed and considered for employment opportunities.
The WMVS/WMVT General Manager shall ensure that all operations of the Stations are informed by broad and diverse community input.
IV. Many of Our Responsibilities are Grounded in Constitutional or Statutory Law.
WMVS and WMVT are subject to a variety of statutory and regulatory requirements and restrictions. These include the federal statute under which licensees must operate, as well as other applicable federal and state laws. Public broadcasting is cloaked with the mantle of First Amendment protection of a free press and freedom of speech.
As trustees we must be sure that these responsibilities are met. To do so requires us to understand the legal and constitutional framework within which our stations operate, and to inform and educate those whose position or influence may affect the operation of our licensee.
V. We Have a Fiduciary Responsibility for Public Funds.
Public broadcasting depends upon funds provided by individual and corporate contributions; and by local, state, and federal taxes. Trustees must therefore develop and implement policies which can assure the public and their chosen public officials alike that this money is well spent.
As trustees, we must assure conformance to sound fiscal and management practices. We must also assure that the legal requirements placed on us by funding sources are met. At the same time, we must resist the inappropriate use
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Title: PRINCIPLES OF EDITORIAL INTEGRITY IN Code: I0200 MATC’S PUBLIC BROADCASTING STATIONS, WMVS AND WMVT
of otherwise legitimate oversight procedures to distort the content development process which such funding supports.
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POLICY
Title: WMVS/WMVT AD HOC COMMUNITY Code: I0201 ADVISORY BOARD
Authority: Section 396(k)(8) of the Original Adoption: 5/25/99 Communications Act of 1934 (as amended); Revised/Reviewed: Certification Requirements for Corporation for ______1/27/04 Public Broadcasting Station Grant Recipients, Effective: 7/16/98; MATC Board Minutes, 10/21/98; ______1/28/04 11/17/98; 5/26/99; 1/27/04, ______
The Milwaukee Area Technical College board recognizes that the service area of WMVS/WMVT Television exceeds the geographic boundaries of the MATC district.
The MATC Board also recognizes that many avenues exist from which to obtain feedback and input regarding the stations’ programming and policies including the MATC Board, the Public Television Committee of the MATC Board, the Channel 10/36 Friends Board (fundraising), the Television and Video Advisory Board (student productions), the Educational Communications Board (K-12 programming which airs on MPTV), and two program advisory panels that meet when issues arise (ADELANTE and BLACK NOUVEAU). Additionally, the stations subscribe to ratings services (e.g., Nielsen) that help to inform them of viewer needs and practices, participate in a semi- annual ascertainment of community issues, and maintain a viewer comment line and a volunteer-staffed Viewer Services area.
In an effort to assure that the citizens of Southeastern Wisconsin have adequate input into the stations' programming goals, the services provided, and significant policy decisions, the MATC Board voluntarily (although not required by FCC rules) establishes an ad hoc Community Advisory Board (CAB) to be called upon whenever the concern arises that additional input is desired regarding programming or policies for the Public Television StationsMilwaukee PBS. This Ad Hoc CAB is to be modeled after Federal Communications Commission law and Corporation for Public Broadcasting requirements for "community licensees." The Ad Hoc CAB will be called to action by the PTV Committee of the MATC Board, will serve for the limited time and purpose defined as determined by the PTV Committee, and will be of limited durationMATC Board.
Nature of the Ad Hoc CABIf convened, the nature of the CAB will be as follows:
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MATC is an Affirmative Action/Equal Opportunity Institution And complies with all requirements of the Americans With Disabilities Act.
POLICY
matc Milwaukee Area Technical College
Title: WMVS/WMVT AD HOC COMMUNITY Code: I0201 ADVISORY BOARD
1. The role of the Ad Hoc CAB shall be solely advisory in nature.
2. The Ad Hoc CAB must be distinct from and independent of the governing body.
3. The Ad Hoc CAB may review programming goals established by the station.
4. The Ad Hoc CAB may review service provided by the stations.
5. The Ad Hoc CAB may review significant policy decisions affecting the stations.
6. The Ad Hoc CAB may advise the governing board of the station whether the programming and other practices of the station are meeting the specialized educational and cultural needs of the communities served by the station, as determined by the Ad Hoc CAB. The Ad Hoc CAB may make recommendations to the governing board to meet those specialized needs.
7. In no case shall the Ad Hoc CAB have any authority to exercise any control over the daily management or operations of the stations.
If convened the CAB will have the following rRelationship of the Ad Hoc CAB to theto the Governing Board of the StationMilwaukee PBS:
1. The Ad Hoc CAB shall be selected by the MATC Public Television CommitteeBoard and be made up of seven members from the MATC District, one member from each of the nine additional counties in the WMVS/WMVT grade B coverage area, and the president/designee. The manager of Stations WMVS/WMVT will serve as a technical resource to the Ad Hoc CAB. The Ad Hoc CAB shall also reflect the ethnic and gender makeup of the service area. Terms for board membership shall be determined by the MATC board PTV Committee and shall be consistent with the limited purpose and duration for which the Ad Hoc CAB is called to action. Membership will be inclusive of traditionally underserved populations.
2. The Ad Hoc CAB shall report to the Public Television Committee of the MATC Board. Reports and discussion will be placed on the agenda as determined by
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MATC is an Affirmative Action/Equal Opportunity Institution And complies with all requirements of the Americans With Disabilities Act.
POLICY
matc Milwaukee Area Technical College
Title: WMVS/WMVT AD HOC COMMUNITY Code: I0201 ADVISORY BOARD
the Chair of the PTV CommitteeMATC Board President during the regularly scheduled meetings of the PTV committee and reported to the full MATC Board as part of the committee minutes.
3. The Ad Hoc CAB shall establish and follow its own schedule and agendaadhere to applicable state law regarding meeting notices.
4. The Ad Hoc CAB shall select from its membership a Chair, Vice-Chair, and Secretary.
5.The Ad Hoc CAB meetings shall be facilitated by the Program Directors of WMVS and Formatted: Bullets and Numbering WMVT Television.
The law segregates the management and the operational functions of the governing board from the Ad Hoc CAB’s functions to assure a clear demarcation between the governing board and the advisory board. The Ad Hoc CAB is to be an effective way for the public to participate in the planning and decision-making of the station. The recommendations of the Ad Hoc CAB can be taken into account in the formation of policy by the governing board for the operation of the stations.
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MATC is an Affirmative Action/Equal Opportunity Institution And complies with all requirements of the Americans With Disabilities Act.
POLICY
Title: NETWORK AFFILIATIONS Code: I0300
Authority: Board Minutes, 3/18/91, ______Original Adoption: 3/18/91 Revised/Reviewed: Effective: 3/19/91______
WMVS/WMVT-TV shall be affiliates of the national Public Broadcasting Service (PBS) and shall provide PBS program services to the Milwaukee television service area.
WMVS/WMVT-TV shall be affiliates of the regional Central Educational Network (CEN) and shall provide CEN program services to the Milwaukee television service area consistent with the station mission and budget capacity.
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POLICY
Title: PUBLIC SERVICE ANNOUNCEMENTS Code: I0410 (PSAs)
Authority: Board Minutes, 12/16/91, 11/27/12, Original Adoption: 12/16/91 ______Revised/Reviewed: ______11/27/12 Effective: 11/28/12______
Channels 10/36 shall not air public service announcements unless they directly or indirectly benefit the stations.
There are a few exceptions to this policy.
1. PSAs directly coupled with a scheduled program or project. (Examples: THE CHEMICAL PEOPLE PSAs directed viewers to treatment centers. The public library PSA runs after READING RAINBOW in connection with the Vacation Video project.)
2. PSAs for the licensee. (Example: MATC runs registration spots for fall and winter semesters.)
3. PSAs for various fundraisers benefiting Channels 10/36.
The above exceptions all support the college and/or station mission and provide a benefit either directly or indirectly to the stations.
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POLICY
Title: PROGRAM AND SERVICE Code: I0600 PROCUREMENTS FOR WMVS/WMVT - TV
Authority: Board Minutes, 2/17/92; 2/15/00, Original Adoption: 2/17/92 ______Revised/Reviewed: ______2/15/00 Effective: ______2/16/00
The MATC District Board recognizes the unique television industry mechanisms governing the purchase of programs and services. The district board shall authorize, under the "sole source" provisions of MATC Policy B0801-- Procurement of Equipment, Supplies, and Services, the following recurring procurements:
a. Membership in the Public Broadcasting Service (PBS); b. Membership in America's Public Television Stations (APTS); c. Membership in the Central Educational Network (CEN) and other regional non- commercial television networks cd. Membership in various minority program consortia; de. Television program rights purchases from other independent syndicators both foreign and domestic; e. Membership in APT, NETA, NAMB, PBMA, PMMG; and f. Broadcast audience rating, news wire, and research services.
The MATC District Board will review and approve all contracts and procurements in excess of $50,000 as outlined in MATC Policy B0801.
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POLICY
Title: WMVS/WMVT CONTRACT, CO- Code: I0601 PRODUCTION, AND SHARED PURCHASE AGREEMENTS
Authority: Board Minutes, 2/17/92; 3/27/01, Original Adoption: 2/17/92 ______Revised/Reviewed: ______3/27/01 See also: MATC District Board Policies, B0301, Effective: ______3/28/01 Contracts for Services; B0502, Goods and Services: MATC’s Relationship with the Private Sector
The MATC District Board recognizes that WMVS/WMVT-TV productions serve local as well as state, national, and international audiences. The district board also recognizes that certain opportunities and efficiencies may be obtained by entering into co- production or contract agreements. The district board further recognizes that certain economies can be achieved through the shared or group purchase of television programs. The sharing of resources with or providing services to other television stations or production facilities, independent program producers, or corporate clients will comply with MATC Policies B0301, Contracts for Services, and B0502, Goods and Services: MATC's Relationship with the Private Sector.
The MATC District Board recognizes that co-production agreements with other stations, telecommunications organizations, and independent producers afford WMVS/WMVT-TV unique opportunities to offer viewers diverse programming that might not otherwise be produced.
The board further recognizes that co-production partnerships may involve the designation of WMVS/WMVT-TV, or the MATC Foundation, as the recipient of, fiduciary agent for, or disburser of underwriting dollars for program production and auxiliary educational, promotional, and outreach materials.
In evaluating co-production agreements for MATC District Board approval, WMVS/WMVT-TV management will consider criteria including:
How the project relates to the stations’ mission. How the project adds to the diversity of viewpoints expressed on our airwaves and in the community. How the project addresses ascertained needs of the community. How well the project engages, educates, or informs the audience. Whether the financial arrangements are sufficient to ensure the project’s success.
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Title: WMVS/WMVT CONTRACT, CO- Code: I0601 PRODUCTION, AND SHARED PURCHASE AGREEMENTS
When station management determines it will proceed with a co-production agreement, a letter of understanding will be drawn up between the station and co-producing entity or entities that includes: intended broadcast plans, administration of funds, arrangements to seek and accept underwriting funds, payment schedules, reporting requirements, project parameters, insurance requirements, deadlines, and any ancillary agreements.
In all co-production agreements, the stations will reserve the rights to: approve content; direct editing to ensure accuracy, fairness, good taste, and compliance with FCC, PBS, and WMVS/WMVT-TV guidelines; and to decide whether or not to broadcast the finished product.
WMVS/WMVT-TV will typically retain a minimum negotiated administrative fee of 10-15 percent. The stations may provide in-kind services or retain a portion of the grant as reimbursement for services. The stations are also eligible to claim grant dollars that pass through its accounts as non-federal financial support and to receive Corporation for Public Broadcasting Community Service Grants based on a matching formula of $.06 on the dollar.
When funding has been secured, the stations will seek MATC Board approval to accept the grants and to enter into a contractual arrangement with the co-production partner(s).
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