Article I: Origin

The Alabama Commission on Higher Education was created by Alabama law: Acts 1969, Ex. Sess., No. 14; Acts 1979, No. 79-461; Acts 1982, No. 82-486; Acts 1993, No. 93-369; Acts 1994, No. 94-202; Acts 1995, No. 95-255; Acts 1996, No. 96-497; Acts 1996, No. 96-509; Acts 1996, No. 96-539; Acts 1996, No. 96-557; Acts 1996, No. 96-771; and Acts 2000, No. 2000-409 (Codified; Code of Alabama, Title 16, Chapter 5).

Article II: Purpose

The purpose of this organization shall be to promote an educational system that will provide the highest possible quality of collegiate and university education to all persons in the State able and willing to profit from it; and to provide for continuous study, analysis, evaluation, planning, reporting, and recommendations as a basis for long-range planning with established priorities on a statewide basis to assure a sound, vigorous, progressive, and coordinated system of higher education for this State.

Article III: Members

The twelve members of the Alabama Commission on Higher Education are appointed and confirmed as set forth in Code of Alabama, 16-5-2 and 16-5-3 and are charged with representing no particular institution nor region but rather are deemed members at large, serving the best interests of the entire system of higher education in the state.

If any member of the Commission shall not be in attendance at three consecutive regular meetings for reasons other than personal illness, family illness, or a Commission approved absence, that member may be requested by the chairman to submit his or her resignation to the appointing authority.

The Commission may invite or designate representatives of the various postsecondary education segments or institutions to sit with the Commission during regular meetings for the purpose of ensuring that perspectives and concerns of the educational community might be made known to the Commission. Such advisory representatives shall be free to participate in deliberations but shall have no vote on formal Commission business.

Article IV: Officers and Committees

The Commission shall annually elect from its membership a chairman and a vice-chairman. Such election will be held at the closest regular meeting of the Commission after August 1 of each year. Elections shall be presided over by the chairman, or in the chairman’s absence, the vice-chairman. The election of officers shall require the concurrence of a majority of all members of the Commission. The election shall be determined by a voice vote or a show of hands of Commission members present. No officer shall be elected to the same office more than two consecutive full terms. Terms of office shall begin October 1, following the election. In the event of a vacancy in one of the offices, written notice shall be given to all members and a special election shall be held at the next regular meeting following the occurrence of the vacancy. Should a vacancy occur in the office of the chairman, the vice-chairman shall become interim chairman and shall preside over the special election to elect a chairman. Officers in a special election shall take office immediately upon election and shall serve for the remainder of the unexpired term and one full term thereafter unless such member elects to give up such office, is elected to another office on the Commission, or a vacancy occurs in the appointment occupied by the officer.

There shall be committees appointed by the chairman as deemed necessary by the Commission. Committee chairs and vice-chairs shall be appointed by the chairman of the Commission. The Commission may under certain circumstances, and/or as desired, meet as a committee of the whole. The chair of the committee of the whole will be the vice-chairman of the Commission. Committees shall meet as needed to review all matters before the Commission, but no action is to be considered final until and unless adopted by the full Commission in a public meeting.

Additionally, there shall be an Executive Committee of the Alabama Commission on Higher Education to consist of the chairman, vice-chairman, and such other commissioners as appointed by the chairman, the number of which shall not exceed four.

The Executive Committee is empowered to act on behalf of the Commission between regular scheduled meetings of the Commission with said action being subject to ratification by the full Commission at a regular or special meeting held in accordance with all laws requiring open and public meetings.

The Executive Director shall be the secretary of the Commission. He shall present the minutes of the previous Commission meeting to the Commission at least ten days prior to the next regularly scheduled meeting. The chairman or other presiding member shall witness Commission approval of minutes by appropriate notarized signature.

Article V: Meetings

The Alabama Commission on Higher Education shall hold regular meetings as provided by the annual adoption of a calendar of regular meeting dates. Special meetings may be held at any time by call of the chairman or by call of six of the membership or upon call by the Governor. The Commission shall abide by the Alabama Open Meetings Act, as it may be amended from time to time. The Commission shall meet at least once every three months. The chairman shall preside over all meetings of the Commission. In the absence of the chairman, the vice-chairman shall preside. In the absence of both the chairman and the vice-chairman, the chairman shall designate a member to preside. Roberts’ Rules of Order will be used as a procedural guide for conducting all business, unless they conflict with the Commission’s stated bylaws.

An agenda which lists those items on which action is expected at the meeting shall be published in advance of the meeting date as required by law and shall be distributed to the Commission members, the president of each postsecondary education institution, the chairman of the governing board of each such institution, and the public upon request. The Commission will meet as often as seems desirable on the campuses of the institutions of higher education in the state.

A majority of the members of the Commission shall constitute a quorum for the purpose of conducting official business. No vote may be taken on any matter which requires Commission action unless a quorum is present. Commission action shall be determined by a voice vote or a show of hands of Commission members; however, any Commissioner may request a roll call vote on a specific matter and/or the chair may request a roll call vote if the outcome of a voice vote or a show of hands is in question. A show of hands vote or a roll call vote may become necessary if an action requires more than a simple majority vote. Proxy voting shall not be allowed. Commission members must be physically present in order to vote.

The positive recommendation of a new instructional program, new unit of instruction, research, or public service, or a new public institution of higher education (as provided in Code of Alabama, 16-5-4(b)) shall require the concurrence of a majority (7) of all the members of the Commission.

A new instructional program, new unit of instruction, research, or public service, or a new public institution of higher education that receives a negative recommendation by a majority vote of Commission members present may be reconsidered after one year provided that in the judgment of the Commission substantive changes indicate the need for reconsideration.

A new instructional program, new unit of instruction, research, or public service, or a new public institution of higher education that receives a favorable vote of a majority of the members present, but which falls short of receiving a favorable vote by a majority of the members of the Commission, may be reconsidered at the next regularly scheduled meeting.

At the Commission’s discretion, a “consent agenda” may be used to expedite action on common issues; however, any Commissioner may request that a specific issue(s) be held from the consent approval for further review and/or action.

Expenses incurred by Commission members in the performance of their duties shall be reimbursed at the rate authorized for state employees.

The Commission shall approve the Commission’s annual budget request prior to the fiscal year for which it is effective. The Commission shall establish such personnel policies regarding staff personnel as deemed necessary. Such policies may be established by resolution at any regular meeting or at any special meeting.

Bylaws amended by the Commission February 19, 1988; July 21, 1989; October 8, 1999; June 16, 2000; and September 19, 2008; September 12, 2014.