Chapter 20 - American Samoa Community College Board of Higher Education

Chapter 20 - American Samoa Community College Board of Higher Education

16.2001 Establishment of the American Samoa Community College.


There is establishment an institution of higher learning known as the American Samoa Community College within the executive branch of the government.

16.2002 Establishment of –Board of Higher Education.


The American Samoa Community College:

(1) may sue and be sued;

(2) may adopt and use a seal;

(3) may make contracts, as authorized in this chapter;

(4) may adopt, amend and repeal bylaws;

(5) may purchase or lease and hold personal property it considers necessary or convenient in the transaction of its business, may dispose of personal property held by it;

(6) has the power in the name of the government to purchase, lease, or sell real estate, and accept title to that real estate in the name of the government; to accomplish the purposes of this chapter;

(7) may procure or contract for the procurement of supplies, equipment, materials, personal services other than by employees, and construction with any public or private entity upon terms and conditions as it finds necessary to the full and convenient exercise of its purposes and powers, subject to all applicable laws and rules of American Samoa; and shall receive and account for its inventory of materials;

(8) shall develop a program of education to meet the current and future needs of American Samoa, which shall be accredited under appropriate procedures existing in the United States for higher education;

(9) shall develop and establish a Samoan and Pacific Studies Program to promote interest in, and awareness of the culture, including language, and affairs of American Samoa and other islands of the Pacific; the Samoan and Pacific Studies Program shall include, but not limited to programs for the development of cultural, educational, training, and research programs for the people of Polynesia and other islands of the Pacific.

(10) shall develop and establish an Adult Education and Literacy Program for American Samoa;

(11) shall develop and establish a program in response to Federal laws relating to the Land Grant Program;

(12) shall fix schedules of tuition rates and fees for educational service and shall establish rules and procedures, in accordance with 4.1001 et seq., for the provision of such services;

(13) may accept on behalf of the government from any other government or governmental agency, or from any other public or private body, or from any other source, grants, contributions of money or property which the college may use for or in aid of any of its purposes;

(14) adopt other rules pursuant to 4.1001 et seq., not inconsistent with the provisions of this chapter or with the rules of government, that are necessary and proper for the administration and operation of the college;

(15) exercise all other powers, not inconsistent with the provisions of this chapter or with the rules of the government, which may be reasonably necessary or incidental to the establishment, maintenance, and operation of an institution of higher learning.

16.2002 Powers and duties of the College.


(a) The Board of Higher Education is established. The Board shall consist of the Director of Education and 7 members, 6 of whom are appointed by the Governor with the advice and consent of the Legislature. The Board members shall serve without compensation or other emoluments.

(b) In order to provide continuity in the work of the Board, the term of office of 6 of the Board members shall be for 4 years and shall be so arranged as not to expire at the same time. Members shall serve until their successors have been qualified. Vacancies shall be filled in the same manner as original appointments.

The 7th member of the Board is a 2nd year student of the college elected at a schoolwide election during the first week of school. This member serves a one-year term and may be reelected. Vacancies are filled by an election held within 1 week of the knowledge of a vacancy.

16.2004 Board of Higher Education--Powers and duties.


The Board of Higher Education, in addition to other provisions of this chapter:

(1) shall serve in a supervisory capacity and as such, shall function to supervise the implementation of the powers and duties of the college;

(2) shall select its chairman and other officers from among its own membership;

(3) may change the name of the college, with approval of the Legislature;

(4) shall review and approve the educational program of the college;

(5) shall grant diplomas, certificates, degrees or other honors; and

(6) shall adopt the seal of the college.

16.2005 President of the College.


The Board of Higher Education shall select the President of the college. The selection of the President shall conform to rules, regulations and criteria promulgated by the board and made available for public inspection. Subject to government employee laws 7.0101 et. seq., and rules and procedures of the college, the President serves at the pleasure of the Board.

16.2006 Personnel.


All officers and employees of the college, except the president, are appointed or hired and compensated in accordance with the requirements of the government employee laws 7.0101 et. seq., except that the college may adopt administrative rules, pursuant to 4.1001 et seq., to supplant government employee laws and rules in the specific categories of personnel recruitment, assignment, transfer, employment, termination of employee services, disciplinary actions, and compensation at levels comparable to higher education management and employee levels.

16.2007 Assumption of role.


The college shall assume, upon approval of this Act, full responsibility and right to operate all items of property, including any construction in progress, equipment, and machinery used under the previous status of operation by the college. All property jointly used by the college and government, except the infirmary located on campus, are hereby transferred to the college. Future capital contributions to the college from the government must be by separate authorization and appropriation. The Legislature has the exclusive power to provide supplemental funding for the operations of the college.

16.2008 Budget.


(a) The basic source of financing the college is the government through its regular budget process. The government shall provide a minimum appropriation from local revenues for the operation and programs of the college based on the actual cost of $2,820 per full time equivalent student, as has been determined by current, actual fall and projected spring and summer class schedules, with an annual inflationary adjustment of 4.8 percent.

(b) At the appropriate time the college shall submit to the Governor, upon approval of the board, a budget of estimated expenditures for the next fiscal and academic years. The budget shall contain separate estimates for capital outlay expenses and operational expenses and shall be submitted in such form and detail as may be required by applicable laws and rules of the government.

(c) Each budget shall identify clearly the amount or amounts requested to be appropriated, the amount or amounts available or estimated to be available from gifts, grants, donations, or other sources, and the amount or amounts for which application is being made or is to be made for federal aid.

16.2009 Fiscal Management


Further to 16.1001 and 16.1004, the college is responsible for the management and operation of its fiscal affairs. It shall establish procedures based on principles of sound bookkeeping and fiscal management, with the approval of the Board, for the administration of all accounting systems, including but not limited to general ledger, fixed assets, accounts receivable, accounts payable, payroll, and cash. The college shall submit quarterly performance reports to the Office of Program Planning and Budget as required by 10.0509.

16.2010 Independent audit reports--consultants--Annual Reports.


(a) The college shall employ a firm of independent certified public accountants to examine and report each year upon the status of financial records and accounts, and may renew that employment annually. Copies of these reports shall be furnished by the college to the Governor and Legislature.

(b) The college may make intergovernmental or contractual agreements for expert consultants to advice or consult with it in all matters related to the operation of the college, including tuition fees, systems design, plant design, planning, budgeting, and legal matters.

(c) The college shall provide an annual report for each fiscal year, which shall estate investment trusts, and other securities selected by the Board with the care of a prudent man. The word “property” excludes lands for sites or experimental farms of the college, and buildings including the purchase, erection, and preservation or repair thereof, except as permitted by federal laws.

16.2011 American Samoa community college land grant endowment fund.


(a) For the purpose of compliance with federal law designating the American Samoa Community College as a Land Grant College established for the benefit of agriculture and mechanical arts, there is established the American Samoa Community College Land Grant Endowment Fund. The Fund shall be maintained separate and apart from any other funds of the government. Use of the fund shall be administered and controlled by the Board of Higher Education. Independent records and accounts shall be maintained in connection with the fund by the Treasurer of American Samoa. An annual fiscal year financial statement of the fund shall be submitted by the Board of Higher Education and the Treasurer to the Governor and Legislature no later than 15 December 1987.

(b) The $3,000,000 received from the United States Government in support of the college as a Land Grant College is hereby credited to the Fund. The Board of Higher Education and Government shall comply with all conditions pertaining to the Fund and the income therefrom as set forth in federal laws, including but not limited to the requirement that the principal sum shall remain forever undiminished.

(c) All income from investment of the principal sum shall be credited to the account of the Fund, and shall be appropriated by the Legislature in the annual fiscal year appropriations act solely for the operation of the Land Grant programs of the college. Appropriations of income shall be made only after the Board of Higher Education has submitted to the Legislature recommendations on the use of the income. The Legislature may authorize reinvestment of the income to accumulate sufficient funds for specific purposes, related to land grant operations.

(d) The Board of Higher Education has full power and authority, subject to approval of the Legislature, to direct the investment and reinvestment of the fund without distinction between principal and income as it considers desirable; as long as the investment income is available for appropriation in accordance with subsection (c) in property as defined in subsection (e) provided that the investment shall yield a fair and reasonable annual rate of return, which is fixed at no less than 5 percentum per annum of the amount invested. The Board may invest and reinvest the fund in property in which a prudent man familiar with those matters and using care, skill, prudence, and diligence would invest in the conduct of an enterprise of like character and with like aims, insuring that the investments of the fund are diversified so as to minimize the risk of large losses unless to do so would clearly not be prudent. The power to manage investments includes, but is not limited to, the power to hold, purchase, sell, convey, assign, transfer, dispose of, lease, subdivide, or partition any assets held or proceeds thereof, to execute or cause to be executed relevant documents; to enter into protective agreements, executives proxies, and grant consent; and to do all other things necessary or appropriate to its position as an owner or creditor.

(e) Except as otherwise provided herein, the word "property" means real property, United States Government securities and agency issues, state and municipal bonds, corporate bonds, real estate mortgages, common and preferred stock, mutual funds, convertibles, real estate investment trusts, and other securities selected by the Board with the care of a prudent man. The word "property" excludes lands for sites or experimental farms of the college, and buildings including the purchase, erection, and preservation or repair thereof, except as permitted by federal laws.