Section 200: Local College Administration

201.01: Calendar

Enterprise State Community College operates on the semester system. ESCC’s yearly calendar will be developed on the local level with the following minimum requirements. 

1. The academic year (fall and spring semesters) instructional calendar shall include 175 days. The summer term shall include 54 days.
2. The fall and spring semesters shall each contain a minimum of 78 instructional days. A minimum of three examination days per semester (fall and spring) may be counted as instructional days. The summer term shall include a minimum of 50 instructional days. A minimum of two examination days may be counted as instructional days.
3. The scholastic year (fall, spring, and summer) shall include175 duty days, 156 of which must be instructional days for the academic year (fall and spring semesters); 54 duty days, 50 of which must be instructional days for the summer term or 229 duty days, 206 of which must be instructional days for the academic year and summer term.
4. At least one registration day is required per term. The calendar shall include a minimum of two and a maximum of five drop/add days per term for fall and spring semesters and a maximum of two days for the summer term.
5. The remaining (non-instructional) days shall be used for registration, final examinations, professional development, and faculty workdays.
6. The fall semester must begin in August and end in December. Spring semester must begin in January and end in May.
7. A minimum of two local professional development days are required for the year.
8. Days that the institution is officially open are duty days for all full-time non-instructional personnel.

202.01: Advisory Committees

The President of each college may appoint advisory committees to assist in planning programs to meet the needs of the community(ies) served by the college and of the state.

In order to improve communication and decision-making, the College utilizes several councils and committees.  To provide for consistency in terminology, the following definitions apply: 

Council: A standing group with delegated authority which makes recommendations on broad and varied College issues (e.g. The President's Council, Instructional Council, Assessment Council).

Standing Committee: A standing group which makes decisions and/or recommendations on single issues or relatively more narrow College issues (e.g. Academic Advising Committee, Calendar Committee, Information Technology Committee).

Ad hoc Committee: A group formed for a specific task or objective, and dissolved after the completion of the task or achievement of the objective. (e.g. Honor’s Day, Graduation, Landscape Design and Courtyard Improvements).

Committee Records: Each council and committee chairperson is responsible for maintaining appropriate records of proceedings and for disseminating pertinent information to affected parties. 

203.02: President's Authority

The President of ESCC is appointed by and serves at the pleasure of the Board of Trustees.

The President of ESCC is responsible to the Chancellor for the day-to-day operation of the institution within Board of Trustee policy and all applicable state and federal laws.

The resignation of the President shall be presented to the Board of Trustees for its consideration. Upon a Presidential vacancy, or in the event a President is placed on administrative leave by the Chancellor, the Chancellor shall assume temporary responsibility for the institution.  This responsibility may include the appointment of an interim President or an acting President.  If the Chancellor deems it necessary, he/she may assume responsibility for the day-to-day operation of the institution.

204.01: Appointment of Local Administrative Staff

1. The President is authorized to appoint all faculty and staff at the local level.
2. The President will obtain prior approval from the Chancellor for all dean-level administrators or vice-presidents whom the President intends to appoint at the institution.
3.  The President will provide the Chancellor with the name and the curriculum vitae of all dean-level administrators or vice-presidents whom the President intends to appoint at the institution.

205.01: Nepotism Policy

The President of ESCC will  not employ any relative within the fourth degree of kinship by either birth or marriage to work in the institution, and any relative of the President within the aforementioned relationship now employed in the institution (as of August 1, 2013) will  not be assigned to any position which reports directly to the President, or in which the employee makes final decisions concerning the expenditure of funds.

Any person within the fourth degree of affinity or consanguinity of an ESCC employee will not be the immediate supervisor for or in the chain of command of or participate in the hiring, evaluation, reassignment, promotion, or discipline of another ESCC employee.

This policy shall not apply to persons actively employed as of January 1, 2007, so long as they occupy the position as of January 1, 2007.  Should an employee who began service prior to January 1, 2007, change positions, the employee is subject to all rules and requirements of this policy.  Should an employee’s circumstances change due to election results, marriage, etc., the employee is subject to these rules and requirements, and any accommodation of unusual circumstances shall be determined by the Board of Trustees.

The Ethics Statute (Code of Alabama Section 36-25-5) states: “(a) No public official or public employee shall use or cause to be used his or her official position or office to obtain personal gain for himself or herself, or family member of the public employee or family member of the public official, or any business with which the person is associated unless the use and gain are otherwise specifically authorized by law.  Personal gain is achieved when the public official, public employee, or a family member thereof receives, obtains, exerts control over, or otherwise converts to personal use the object constituting such personal gain.”

205.04: Disclosure of Employment of Relatives

As a part of the employment process, within 15 calendar days of the employment at Enterprise State Community College, regardless of placement on salary schedule, position, or compensation, and regardless of whether the employment is temporary or the result of a search process, the individual shall complete a Family Relationship Disclosure Form.  Such form shall contain the name of the individual; the name of the Alabama Community College System office, Enterprise State Community College; the position and/or title for which the individual is employed; the salary schedule, rank, step, and annual salary of the individual; and the date on which employment commences.  Such form shall also contain a statement by the individual regarding whether the individual is a relative of any Alabama Community College System Employing Authority and shall identify such Employing Authority and such relationship.  

Within 15 calendar days of receipt of a form disclosing the employment of a relative of any Alabama Community College System Employing Authority, Enterprise State Community College, shall provide a copy to the Chancellor of the Alabama Community College System. The division of Human Resources of the Alabama Community College System office shall upon receipt of such disclosure form ensure that such hiring is in compliance with the Code of Alabama Section 41-1-5.  The Chancellor shall provide a notice of such disclosure to the members of the Board of Trustees on a monthly basis.

205.05: Supervision and Evaluation of Relatives

The Nepotism Statute (Code of Alabama Section 41-1-5) takes precedent over all Alabama Community College System Board policies regarding employment. 

1. Within 15 calendar days of the employment of an individual by Enterprise State Community College the individual shall complete a Family Relationship Disclosure Form.  Such form shall contain all necessary information as required by ACCS Policy 205.05 In the event that a relationship change may occur, then the employed individual(s) will notify the Human Resources Office and complete a Family Relationship Disclosure Form. 
2. In the event that a relative of an employing authority is or becomes employed by an Alabama Community College System office, entity, or organization, all annual and other evaluations (whether written or oral) of the performance of such relative shall be performed by a three-person committee consisting of the Director of Human Resources, the direct supervisor of the relative, and a third employee at the System office, entity or institution, to be appointed by the Chancellor.  The third employee at the System office, entity, or institution shall be appointed by the Employing Authority of the Alabama Community College System office, agency, entity, or institution.  However, if said Employing Authority has a personal vested interest, then the Chancellor shall appoint the third employee.  None of the three members of the committee may be the Employing Authority of the Alabama Community College System office, agency, entity, or institution.  The same committee shall be responsible for any corrective action to be administered to the relative.  Copies of such evaluation shall be forwarded to the Office of the Chancellor.
3. In the event that any other Conflict of Interest is identified, all annual and other evaluations (whether written or oral) of the performance of such relative shall be performed by a three-person committee appointed by the Employing Authority and consisting of the Director of Human Resources, the direct supervisor of the relative, and a third employee outside the line of authority in which the Conflict of Interest occurs.  The same committee shall be responsible for any corrective action to be administered to the relative.  

205.06: Disclosure and Approval of Contract Information

DEFINITIONS

1. Family Member of a Public Employee. The spouse or a dependent of the public employee.
2. Family Member of a Public Official. The spouse, a dependent, an adult child and his or her spouse, a parent, a spouse's parent, a sibling and his or her spouse, of the public official.
3. Family Relationship. A person has a family relationship with a public official or public employee if the person is a family member of the public official or public employee.
4. Employing Authority. For the purposes of this policy, Employing Authority includes: the Chancellor of the Alabama Community College System; a member of the Board of Trustees; a President of an Alabama Community College System college; a Director of any other Alabama Community College System agency, entity, or System office, including Alabama Technology Network.
5. Person. An individual, firm, partnership, association, joint venture, cooperative, or corporation, or any other group or combination acting in concert.
6. Public Employee and Public Official. For purposes of disclosure requirements, the terms shall only include persons in a position to influence the awarding of a grant or contract who are affiliated with the Alabama Community College System agency, entity, institution or System office.

A public employee is any person employed at the state, county, or municipal level of government or their instrumentalities, including governmental corporations and authorities, but excluding employees of hospitals or other health care corporations including contract employees of those hospitals or other health care corporations, who is paid in whole or in part from state, county, or municipal funds. A public employee does not include a person employed on a part-time basis whose employment is limited to providing professional services other than lobbying, the compensation for which constitutes less than 50 percent of the part-time employee's income. A public employee includes: a President of an Alabama Community College System college; a System-level Director of any other Alabama Community College System agency, entity, or System office, including Alabama Technology Network.

A public official is any person elected to public office, whether or not that person has taken office, by the vote of the people at state, county, or municipal level of government or their instrumentalities, including governmental corporations, and any person appointed to a position at the state, county, or municipal level of government of their instrumentalities including governmental corporations. A public official includes the chairs and vice-chairs or the equivalent offices of each state political party. A public official includes: the Chancellor of the Alabama Community College System and a member of the Board of Trustees.

DISCLOSURE REQUIREMENTS

Pursuant to Act 2001-955, all Alabama Community College System agencies, entities, institutions and System office must ensure completion of a Vendor Disclosure Statement for all proposals, bids, contracts, or grant proposals to any entity, institution or System office of the Alabama Community College System for amounts in excess of $5,000. The disclosure statement is not required for contracts for gas, water, and electric services where no competition exists, or where rates are fixed by law or ordinance. In circumstances where a contract is awarded by competitive bid, the disclosure statement shall be required only from the person receiving the contract and must be submitted within ten (10) days of the award.

A copy of the disclosure statement must be filed with the Alabama Community College Examiners of Public Accounts. No Alabama Community College System agency, entity, or institution may enter into any contract or disburse public funds with any person or firm declining to provide the required information.

The disclosure statement requires that the person or firm (corporation, LLP, LLC, etc.) completing the form disclose: (1) the names and addresses of all public employees with whom the person (in the case of a firm, its officers and directors), members of the person's (in the case of a firm, the officers' and directors') immediate family, or any of the person's (in the case of a firm, the officers' and directors') employees have a family relationship and who may directly personally benefit from the proposed transaction; (2) the names and addresses of all family members of public officials/public employees with whom the person (in the case of a firm, the officers and directors) completing the form, members of the person's (in the case of a firm, the officers' and directions') immediate family, or any of the person's (in the case of a firm, the officers' and directors') employees have a family relationship and who may directly benefit financially from the proposed transaction; and (3) the amount of and purpose for the contract and the starting date and expected ending date.

ADDITIONAL DISCLOSURE REQUIREMENTS

All vendors will be specifically informed that public officials referenced above include the Chancellor of the Alabama Community College System and any member of the Board of
Trustees.

REPORTING AND APPROVAL REQUIREMENTS

Upon receipt of a disclosure statement described above, each President or Director of an Alabama Community College System agency, entity, institution or System office shall review such statement for the existence of a family relationship between any person disclosed on the Vendor Disclosure Statement and any one of the following: (1) the employing authority for that Alabama Community College System agency, entity, institution of System office, or (2) a decision maker designated by said employing authority, or (3) the Chancellor of the Alabama Community College System, or (4) any member of the Board of Trustees. Any such family relationship with the aforementioned shall suspend the Contract until additional review and approval is completed. The President or Director shall cancel the Contract because of conflict of interest or shall submit a copy of the Vendor Disclosure Statement and a rationale requesting approval to the Chancellor immediately. The Chancellor forwards the information to the Vice President of the Board who appoints a committee of three Board members with no personal vested interest to approve or disapprove the Contract. If the Contract involves a relative of the Vice President of the Board, the Chancellor will forward the Contract information to the President Pro Tem who will appoint the committee. The decision of the committee is final. If the Contract is approved, only then is the Contract disclosed to all Board members.

Emergency Provision. The President or Director may declare the need for the contracted services to be an emergency and may proceed with the contract without additional approval. However, the contract must be reviewed through the normal process specified above within not more than 90 days. The appointed Board committee may approve the contract, terminate or modify the terms in concert with the contractor, and/or may determine the need to be or not be an emergency.

206.01: Court Orders

207.01: Position Announcements: Professional Faculty or Staff

1. The President will forward to the Chancellor or his or her designee within the Alabama Community College System one copy of each announcement for each professional faculty or staff (employees on salary schedules B, C, and D) position vacancy.

2. The following statement will appear on each application form and position announcement distributed by the institution:

"It is the official policy of the Alabama Community College System, including post-secondary institutions under the control of the Board of Trustees, that no person in Alabama shall, on the grounds of race, color, disability, sex, religion, creed, national origin, age, or other classification protected by Federal or State law, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program, activity, or employment."

210.01: Policies

The President is responsible for developing local policies which govern Enterprise State Community College.  Local policies must be in accord with established Alabama Community College System Board of Trustees policies, Chancellor's regulations or guidelines, federal and state statutes, and appropriate judicial directions. These local policies should be included in the appropriate institutional documents.

211.01: College Closings

213.01 College-Related Foundation

214.01: State Records Commission

215.01: Alabama College System Lobbying Activities

The Chancellor shall coordinate all lobbying activities for the Alabama Community College System.  All lobbying activities shall be conducted in conformity with the Alabama Ethics laws.

Enterprise State Community College employees who lobby as institutional or System representatives are prohibited from engaging in their official capacities in fund-raising activities for candidates for public office, including the solicitation and donation of funds or services for campaign contributions or the payment of campaign debts.

This policy is not intended to, nor should it be construed to, abridge, violate, or in any way interfere with the constitutional rights of any System employee.

216.01: Political Action Committees

1. ESCC will not organize, administrate, operate, or participate in any political action committee or like organization.

2. ESCC employees shall not use the name of the institution for any political action committee or like organization of institutional employees.

3. Presidents and other administrators of ESCC shall not intimidate, coerce, threaten, or in any manner attempt to persuade any employee to join and/or make contributions to any political action committee or like organization of institutional employee

219.01: Violence Threat Response

It is the intent of Enterprise State Community College to provide a safe workplace and a safe educational environment, free of acts or threatened acts of violence, including hostile behavior, physical or verbal abuse, or possession of weapons or dangerous materials of any kind on institutional property or while conducting College business against employees, contractors, students, visitors, or anyone else.  This policy provides a planned and immediate response to such incidents.  Violence or threats of violence will not be tolerated.

Third Party Influences

Contractors, students, and/or visitors purposefully threatening the safety of others on College premises may be subject to immediate removal from the premises and/or prosecution under the law.  Students may also be subject to disciplinary procedures under the institution’s student discipline code.

Employees

To ensure both safe and efficient operations, all ESCC employees are required to display common courtesy and to engage in safe and appropriate behavior on the job at all times.  Any involvement in acts or threatened acts of violence, including hostile behavior, physical or verbal abuse, or possession of weapons or dangerous materials of any kind is considered unacceptable behavior that violates this standard of appropriate behavior in the workplace and in the educational environment.

Employees are responsible for their conduct on College premises, whether they are on or off duty.  Alabama Community College System and institutional rules of conduct and behavior expectations also apply when employees are traveling on ESCC business as well as any time employees are working for or are representing the College away from the premises.

The Enterprise State adminstration will promptly investigate any physical or verbal altercation, threats of violence, or other conduct by employees that threatens the health or safety of other employees or students or the public or otherwise might involve a breach of or departure from the conduct standards in this policy.  A search of property may be conducted, under appropriate circumstances.  All incidents of physical altercations or threats of violence are treated as gross misconduct and will result in disciplinary action up to and including termination of employment for employees and disciplinary action up to and including expulsion for students.

Retaliation in any form against an individual who exercises his or her right to make a complaint under this policy, or who provides information in the investigation of a complaint, is strictly prohibited and will result in appropriate disciplinary action up to and including termination of employment for employees and appropriate disciplinary action up to and including expulsion for students.

220.01: Elected State Officials: Employment Prohibited

Enterprise State Community College will not employ any elected state official.

Enterprise State Community College will not enter into any personal or professional services contracts under which services are to be performed by an elected state official nor will it enter into any other type of contract or business relationship with any corporation, partnership,, company, joint venture, or other business entity in which any elected state official holds a financial interest of five percent (5%) or more.

All contracts of the kind described above shall contain a provision providing for the automatic cancellation of the contract upon the taking of elected state office by any person whose election would have prohibited the contract under the provisions of this policy if the person were to have been elected prior to the formation of the contract.

An employee who is elected to an elected state office after the effective date of this policy must submit his or her resignation effective on or before taking office. Nothing in this policy shall be construed to restrict or limit an employee's right to campaign for elected state office, provided that campaign-related activities are conducted while on approved leave or on personal time before or after work and on holidays, consistent with state law.

221.01: Proper Signification of Earned and Honorary Degrees

Enterprise State Community College will not publish in any catalogue, advertisement, tract, listing, statement or other paper, or in any lecture, presentation, representation, website, or any tangible, photographic, magnetic, or electronic media, any prefix, suffix, or other reference associating an academic degree with any person, other than the following:

A. An earned degree, granted such person by a duly accredited institution, or

B. An honorary degree that is clearly designated as such by immediate juxtaposition of the word “Honorary” with any prefix, suffix or other reference to such honorary degree.

222.01: Open Records Requests

Effective October 1, 2024, Enterprise State Community College has adopted the ACCS Chancellor’s Procedure for Policy 222.01: Open Records Requests as procedure (or a substantially similar procedure in accordance with Alabama Code 36-12-40 through 46) and posted the written procedure on the College website, along with the Open Records Form.

PROCEDURE FOR OPEN RECORD REQUESTS:

This procedure for Open Record Requests shall be posted on our College’s website. The Open Records Request Form, with instructions, shall also be posted on our website.

We have no obligation under the law to respond to a public records request that is not made in accordance with these written procedures and instructions.

GENERAL INSTRUCTIONS:

Any Alabama resident desiring to inspect or take a copy of a public record shall submit a public records request on the Open Records Request Form. Once complete, this Open Records Request Form must be submitted to the public officer, either by:

• hand-delivery addressed to the public officer above at the address provided; or
• mailing addressed to the public officer above at the address provided; or
• emailing to the public officer at the address provided.

Receipt of a hand-delivered, mailed, or emailed public records request occurs when the request is actually received by the public officer. A read email receipt, certified mail receipt, or similar signed postage receipt shall be prima facie evidence of receipt by the public officer.

GENERAL RULE:

Every Alabama resident has a right to inspect and take a copy of any public record of this state, unless exempted from disclosure under law or unless he/she fails to follow these procedures/instructions.

EXEMPT FROM DISCLOSURE:

• Public records and document content that are exempt from disclosure under the law, include but are not limited to:
• Information received by a public officer or public official in confidence;
• Information which contains sensitive personnel records;
• Pending criminal investigations;
• Information received in anticipation of litigation or likely litigation;
• Records which, if released, would be detrimental to the best interests of the public;
• Other statutorily exempted records (FERPA is example).
• Records and information protected under the attorney-client privilege; and
• Records subject to legal discovery methods provided under applicable rules of court procedure, from any party to a pending or threatened action, suit, or proceeding (see Alabama Code 36-12-46);
• Registration and circulation records from any ACCS college and information concerning the use of any ACCS college library. But, any parent of a minor child (student below the age of 19) shall have the right to inspect (but not take a copy) the registration and circulation records of any college or college library that pertain to his or her child
• Records concerning security plans, procedures. assessments, measures. or systems. and any other records relating to or having an impact upon the security or safety of persons, structures, facilities. or other infrastructures, including without limitation information concerning critical infrastructure defined at 42 U.S.C. § 5195c (e) and critical energy infrastructure information, defined at 18 C.F.R. § 3S8.113(c), the public disclosure of which could reasonably be expected to be detrimental to the public safety or welfare.

DEFINITIONS:

ALABAMA RESIDENT is defined as:

An individual who is permanently domiciled in Alabama with an expectation to remain in Alabama as demonstrated by reasonable proof of residency such as but not limited to an Alabama driver license or voter registration.

STANDARD REQUEST is defined as:

A public records request that seeks one or more specifically and discretely identified public records that the public officer determines would take less than eight hours of staff time to process considering the time needed to identify and retrieve any responsive records and to redact or take other measures to withhold legally protected information. A standard request should require no or minimal clarification by the requester.

SUBSTANTIVE RESPONSE is defined as:

A response to a public records request that sets forth the public officer’s ultimate position on the substance of the request. The term includes, but is not limited to, the following, in whole or in part:

a. A statement that the public records are provided as attached or enclosed.

b. A statement that access to the requested public records will be provided at a set time, place, and location during regular business hours or at a time, place, during regular business hours or at a time, place, and location mutually agreeable to the public officer and the requester.

c. A statement that the public officer is prepared to provide the requested public records to the requester upon payment of a reasonable, specified fee.

d. A statement that denies the request with reasons stated therefor.

e. A statement that denies the request on the grounds that the requested public record does not exist within the government agency.

f. A statement that denies the request for failure to substantially complete a standard request form.

g. A statement that denies the request for failure to substantially comply with the written procedures established by the public officer for such request.

h. A statement that denies the request because the records sought are not public or exempted or not subject to disclosure.

TIME-INTENSIVE REQUEST is defined as:

A public records request that the public officer determines would take more than eight hours of staff time to process considering the time needed to identify and retrieve any responsive records and any time needed to redact or take other measures to withhold legally protected information.

RESPONDING TO STANDARD REQUEST

For a standard request, the public officer, or his/her designee, shall:

• acknowledge a proper request by email or address to the requestor within 10 calendar days of receiving the request and may require the requester to pay a reasonable fee set by the public officer before the requester may receive any public records, if any. If the public officer elects to charge a fee, the public officer shall notify the requester of the estimated fee and withhold any public records until receipt of payment; and then
  provide a substantive response either fulfilling or denying a proper request within 15 business days of acknowledging receipt. The public officer may extend this period in 15- business-day increments upon written notice to the requester, but the public officer should process a standard request as expeditiously as possible considering the requester’s time constraints, the public officer’s workload, and the nature of the request.
  There shall be a rebuttable presumption that a proper standard request has been denied by the public officer if (a) a substantive response is not provided to the standard request within the earlier of 30 business days or 60 calendar days following acknowledgment of receipt by the public officer; or (b) the public records are not produced within the earlier of 30 business days or 60 calendar days following the payment of the estimated fees to the public officer.

• There shall be no presumption that a proper standard request has been denied if (a) the public officer has responded in part; or (b) the public officer and requester have reached an agreement regarding the time or substance, or both, of the response; or (c) good faith negotiations are ongoing between the public officer and the requester; or (d) the public officer has reasonably communicated the status of the request to the requester.

RESPONDING TO TIME-INTENSIVE REQUEST

For time-intensive requests:

(1) At or around the time of designating the request as time-intensive, the public officer shall make a record in a log maintained for keeping track of currently pending time-intensive requests. For each such currently pending request, the log shall identify the name of the requester, the general subject matter of the request, and the date of acknowledgment; the log shall be a confidential document that is not subject to disclosure except pursuant to proper discovery methods provided discoverable pursuant to proper discovery methods provided under applicable rules of procedure.

(2) The public officer may require the requester to pay a reasonable fee set by the public officer before providing a substantive response to the requester. The public officer shall notify the requester in advance of any likely fees and shall withhold any substantive response until receipt of payment.

(3) The public officer shall acknowledge the request within 10 calendar days of receiving the request.

(4) The public officer shall notify the requester within 15 business days after acknowledging receipt that the request qualifies as a time-intensive request. At that time, the public officer shall notify the requester of any likely fees and allow the requester to withdraw the time-intensive request and submit a new request that is not a time-intensive request. If the requester elects to proceed with a time-intensive request, the public officer shall provide a substantive response fulfilling or denying the request within 45 business days after the requester elected to proceed with his or her time-intensive request. The public officer may extend this period in 45-business-day increments by notifying the requester in writing.

There shall be a rebuttable presumption that a proper time-intensive request has been denied by the public officer if: (a) A substantive response is not provided within the earlier of 180 business days or 270 calendar days following the requester’s election to proceed with a time-intensive request; or (b) The records are not produced within the earlier of 180 business days or 270 calendar days following the payment of the estimated fees to the public officer.

There shall be no presumption that a proper time-intensive request has been denied if (a) the public officer has responded in part; or (b) the public officer and requester have reached an agreement regarding the time or substance, or both, of the response; or (c) good faith negotiations are ongoing between the public officer and the requester; or (d) the public officer has reasonably communicated the status of the request to the requester.

REASONABLE COSTS

The College may charge reasonable costs associated with the requests, such as:

• copying fees (.50 cents for the first 100 and .25 cents after 100) and/or
• actual digital storage cost (disc, drive, or other similar item) and/or
• actual mailing costs if not picked up by requestor, and/or
• research fees ($25 per single or individual record request) and/or
• personnel cost (When staff time and other resources would impose an undue burden on the institution’s financial resources or available staff time, additional charges may be assessed when the search for requested documents and/or reproduction consumed more than two hours of employee’s time.)

Any of these fees which are estimated must be paid in advance prior to the production of the records requested.

ADDITIONAL INFORMATION

If a public officer responds to a request by seeking clarification or additional information to a standard request or time-intensive request, the timelines established in this section shall be tolled and shall restart once the public officer receives the requested clarification or additional information as if the requester had submitted a new request.

A public officer’s decision to seek clarification or additional information with respect to any particular request shall not operate as a waiver of the public officer’s right to seek clarification or additional information in response to other, future requests.

A request made pursuant to the Open Record Act must identify the requested public record with reasonable specificity. A public officer shall not be obligated to respond to a public records request that is vague, ambiguous, overly broad, or unreasonable in scope.

A public officer shall not be required to create a new public record if the requested record does not already exist. An ACCS entity is not required to create documents, compile data, or prepare reports that have not already been created, compiled, or prepared in the normal course of business.

A public officer shall not be required to respond to requests that seek information or other materials that are not public records. No ACCS entity is required to respond to oral or written questions under Alabama’s Open Records laws. No ACCS entity is required to respond to requests for interviews under Alabama’s Open Records laws.

No original records may be removed from the ACCS entity.

An ACCS entity is not required to reproduce information published or otherwise generally available to the public, such as on the institution’s website or other state agency websites.

The public officer, or his/her designee, will make a reasonably diligent search for the records requested.

223.01: Fundraising

This policy establishes the authority and outlines the requirements for all forms of fundraising on behalf of Enterprise State Community College (ESCC), regardless of method (person-to-person, traditional or electronic mail, etc.). ESCC requires that all fundraising activities clearly relate to the mission of the College and comply with Alabama Community College System Policies and Procedures. The President controls all fundraising activities at the college. Any club, organization, athletic team, student led group, etc. must obtain prior approval from the President or President's designee before beginning any fundraising activity.

ESCC defines fundraising as the collection of money through voluntary contributions, sales, and/or events/programs for the purposes of charitable donation and/or club, organization or athletic support. The policies and procedures by which faculty, staff, students, clubs, organizations, athletic teams, college departments, etc. may or may not solicit prospective donors for money or gifts and engage in other fundraising initiatives on behalf of the College are outlined below.

Fundraising Approval Process

• All fundraising activities conducted by ESCC clubs, organizations, student led groups, employees and departments must be approved in advance by the appropriate administrators.
• Requests to conduct fundraising activities whether by individuals, groups of students or employees begins with the completion of the Fundraising Request Form. The group sponsor must submit the form for approval to the appropriate supervisor, the Dean of Students, and the President or President's Designee.
• Student, Club or Organization fundraising activities at ESCC are coordinated through the Dean of Students Office. Student, Club or Organization sponsors must obtain approval from the Dean of Students prior to receiving approval from the President's Office.
• Athletic fundraising activities at ESCC are coordinated through the ESCC Foundation. Athletic coaches or sponsors must obtain approval from the ESCC Foundation Director prior to receiving approval from the President's Office.

Fundraising Procedures

• After obtaining all appropriate signatures, the group sponsor must provide a copy of the approved Fundraising Request Form to the Business Office for internal processing.
• An individual or student club or organization cannot hold monies raised through fundraising. After collection of funds, sponsors must submit all funds to the Business Office for deposit in the club/agency account daily. It is illegal to deposit any funds into personal accounts.
• To access monies raised through fundraising, sponsors must request a requisition from the Business Office. Once the requisition is complete, Business Office staff will provide a purchase order and expenditures will be paid by check to the appropriate vendor. 
• Under no circumstances should cash be taken from collected fundraising revenues and paid directly to a vendor or given to a charitable organization.

Marketing for Fundraisers 

Any group wishing to fundraise on behalf of the College must ensure that the fundraising activity enhances the reputation and visibility of the College. Any usage of the ESCC/AAC name or official college mark must be in accordance with Marketing and PR Guidelines. All correspondence, posters, signage, etc. must be approved by the Public Relations and Marketing Director prior to the activity or event.

Any group wishing to sell items on campus should be aware of all College policies related to where they can sell these items. Sales should happen through tabling in common areas such as the Student Center, outside quad, and other pre-approved official event locations.

Additional Restrictions and Requirements

ESCC acknowledges that a policy of this nature may not anticipate every possible issue that may arise with respect to fundraising activities. Restrictions may be made in addition to, or in lieu of, those set forth in the policy. Any ESCC/AAC recognized clubs that violate this Fundraising Policy may be subject to loss of right to fundraise and/or other disciplinary sanctions.

224.01: Expressive Activities by the Campus Community

1. Purpose

Enterprise State Community College finds the following: 

In accordance with Act 2019-396 of the Alabama Legislature and the ACCS Board of Trustees’ Policy 224.01: Expressive Activities by the Campus Community, effective December 9, 2020, Enterprise State Community College’s implementing policy on Expressive Activities by the Campus Community is as follows:

1. A primary function of Enterprise State Community College is the discovery, improvement, transmission, and dissemination of knowledge by means of research, teaching, discussion, and debate. To fulfill that function, Enterprise State Community College will strive to ensure the fullest degree possible of intellectual freedom and free expression.

2. It is not the proper role of Enterprise State Community College to shield individuals from speech protected by the First Amendment to the United States Constitution and Article I, Section 4 of the Constitution of Alabama of 1901, including without limitation, ideas and opinions they find unwelcome, disagreeable, or offensive.

3. Students, administrators, faculty, and staff are free to take positions on public controversies and to engage in protected expressive activity in outdoor areas of the campus, and to spontaneously and contemporaneously assemble, speak, and distribute literature.

4. Enterprise State Community College supports free association and will not deny a student organization any benefit or privilege available to any other organization based on the expression of the organization, including any requirement of the organization that the leaders or members of the organization affirm and adhere to an organization's sincerely held beliefs or statement of principles, comply with the organization's standard of conduct, or further the organization's mission or purpose, as defined by the student organization.

5. Enterprise State Community College will strive to remain neutral, as an institution, on the public policy controversies of the day, except for administrative decisions that are essential to the day-to-day functioning of the institution, and Enterprise State Community College will not require students, faculty, or staff to publicly express a given view of a public controversy.

6. Enterprise State Community College prohibits all forms of harassment as defined in Act 2019-396, which includes expression so severe, pervasive, and objectively offensive that it effectively denies access to an educational opportunity or benefit provided by the College.

II.    Speech and Expression in Outdoor Areas, Invited Speakers, and Security.

1. For purposes of this policy, the “Campus Community” includes Enterprise State Community College’s students, administrators, faculty, and staff as well as the invited guests of the College and the College’s recognized student organizations (including organizations seeking recognition), administrators, faculty and staff.

2. Members of the Campus Community shall be permitted to engage in expressive activities in outdoor areas of Enterprise State Community College’s campus which enjoy general access during regular hours of College operation, subject to the limitations described below.  Expressive activities are defined as those activities protected under the First Amendment to the United States Constitution and Article 1, Section 4 of the Alabama Constitution of 1901, including any lawful verbal, written or electronic communication of ideas; lawful forms of peaceful assembly, protests, and speeches; distributing literature; carrying signs; and circulating petitions.

3. Outdoor areas where expressive activities are not allowed include:

   1. Areas adjacent to or within 150 feet of classrooms or office areas. 

   2. Athletic facilities;

   3. Areas being used for outdoor classrooms or educational training;

   4. Library or Learning Resource Center;

   5. Areas where access is restricted due to operational or safety protocols;

   6. Administrative/Business Offices.

4. Except for II.H. below, this policy does not apply to expressive activities that take place in indoor areas of Enterprise State Community College property including, but not limited to, classrooms or classroom buildings or offices; administrative buildings or offices; auditoriums; performing arts venues; events centers; and recreational facilities.  Expressive activities in these areas are governed by Enterprise State Community College policy 507.01, subject to the requirement that Enterprise State Community College must be open to any speaker whom Enterprise State Community College’s student organizations or faculty have invited.  These areas may be used for official events sponsored by the College or for non-college use under ACCS Board of Trustees Policies 500.01 and 507.01. 

5. Members of the Campus Community who engage in expressive activities in permitted outdoor areas may do so freely, spontaneously, and contemporaneously as long as the conduct is lawful, in accordance with laws applicable to conduct and activities on Enterprise State Community College property, and does not materially and substantially disrupt the functioning of the College or infringe upon the rights of others to engage in expressive activities. Individuals who wish to secure an outdoor space in advance of a scheduled event are encouraged to submit an Expressive Activity Request to the Dean of Students along with a valid form of identification and signed Policy Acknowledgement. Approval or denial will be dependent upon availability. 

6. Conduct that may materially and substantially disrupt the functioning of Enterprise State Community College or infringe upon the rights of others to engage in expressive activities may include:

   1.  Obstruction of vehicular, bicycle, pedestrian, or other traffic;

   2. Obstruction of entrances or exits to buildings or driveways or impeding entry or exit from any building or parking lot or vehicular path;

   3. Violations of a state, federal or local law, regulation, or ordinance;

   4. Threats to passersby or the use of fighting words, which are words that by their mere utterance inflict violence or would tend to incite a reasonable person to violence or other breach of the peace;

   5. Following, badgering, or forcibly detaining individuals;

   6. Interference with scheduled College classes, ceremonies or events, including memorials, dedications or classroom activities, whether indoors or outdoors;

   7. Damage to property, including buildings, benches, sidewalks, fixtures, grass, shrubs, trees, flowers, or other landscaping;

   8. Use of sound amplification, including bullhorns, except within reasonable limits that will not disrupt normal College operations;

   9. Use of placards, banners, or signs that are dangerous or cause obstruction as described in subsections 1 and 2 above;

   10. Engaging in expressive activities in prohibited or restricted areas as defined in Sections II.B. and II.C. above;

   11. Any other interference with normal College operations beyond a minor, brief, or fleeting nonviolent disruption that is isolated or brief in duration; or

   12. Any other conduct or activity not protected by the First Amendment to the United States Constitution and Article I, Section 4 of the Alabama Constitution, or other state law.

7. Nothing herein shall be construed to limit the application of laws related to disruptions, disturbances, or interference with the College and the function of educational institutions.

8. Enterprise State Community College may provide police and security officers and use other security measures to ensure the safety of all participants, the Campus Community, and the public. Nothing in this policy shall prohibit the College from charging a fee for security for events, provided that such fees may not be calculated or otherwise based on the content of the protected expressive activity or the anticipated reaction to the protected expressive activity. If the organizer of the event or the College determines that security is needed for an event, beyond what security is typically provided by the College during regular hours of operation, the organizers of the event will be charged a fee based on the number of expected attendees. The fee schedule for security will be provided by the Safety and Security Department upon request. Enterprise State Community College may also charge a fee for the use of campus facilities, such as for the use of IT resources or cleanup costs.  These fees will not be based on the content of the expressive activity. 

9. To promote a safe and effective event, individuals or groups from the Campus Community planning to engage in expressive activity that they anticipate will require the assistance of security are expected to provide sufficient notice to the Dean of Students Office and Campus Security Office at least one week in advance of the event.   Such arrangements enable Enterprise State Community College to ensure the event takes place in a safe and constructive manner. 

10. Individuals and groups who engage in expressive activity in outdoor areas on Enterprise State Community College property are subject to Enterprise State Community College policies relating to the use and operation of campus facilities, including without limitation policies relating to firearms and weapons, alcohol, smoking, and trespass.  Enterprise State Community College prohibits the possession or use of clubs, bats, weapons, open flames, or other dangerous materials on campus property during these events.

11. Enterprise State Community College shall not permit members of the Campus Community to engage in conduct that materially and substantially disrupts protected expressive activity or infringes on the right to engage in expressive activity.  Any act of reprisal, interference, coercion, or restraint, by a student or employee, of protected expressive activity, violates this policy and will result in appropriate disciplinary action.  

12. Nothing in this policy shall be construed to prevent Enterprise State Community College from regulating and restricting expressive activity that is not protected by the United States Constitution, the Constitution of Alabama of 1901, or state law, including, but not limited to, any of the following:

    1. Violations of state or federal law, including, but not limited to, actions that damage institutional property.

    2. Expressions that a court has deemed unprotected defamation.

    3. Harassment.

    4. True threats, which are defined as statements meant by the speaker to communicate a serious expression of an intent to commit an act of unlawful violence to a particular individual or group of individuals.

    5. An unjustifiable invasion of privacy or confidentiality not involving a matter of public concern.

    6. An action that unlawfully disrupts the function or security of the institution.

    7. Any constitutional time, place, and manner restrictions for outdoor areas of campus when they are narrowly tailored to serve a significant institutional interest and when the restrictions employ clear, published, content-neutral, and viewpoint-neutral criteria, and provide for ample alternative means of expression.

225.01: Faculty Administrator and Staff Awards

The Faculty, Administrator and Staff Awards serve to give recognition to faculty, administrators and staff members who have "gone beyond the call of duty." The recipients of these awards should be individuals who have demonstrated that they have done more than the basic requirements of their job descriptions.

• The Faculty, Administrator and Staff Awards shall be presented at the College Honor's Day.
• Nominations for the awards may be made by an ESCC employee, an ESCC student or a member of the community.
• The awardees will be the College's representatives) for the Chancellor's Awards.
• The awards shall be made on the basis of the nominations submitted to the committee by the deadline. After discussion, the committee shall vote by secret ballot to choose the awardees.
• If no written nominations are submitted by the deadline set by the committee, the committee may select awardees for each category that did not receive any nominations If no nominee is selected, none will be submitted for the Chancellor's Award. The nominee for each category must have been employed with Enterprise State Community College for at least three consecutive years in a full-time capacity prior to the nomination.
• Nominee must not have any pending disciplinary actions at the time of nomination.
• Academic and Technical Faculty Award Nominees will be pulled from Salary Schedule D.
• Administrator Award Nominees will be pulled from Salary Schedule B & C.
• Support Staff Award Nominees will be pulled from Salary Schedule E.
• Those serving on the committee and those who were the award recipient within the previous three years will not be eligible.

Awardee Benefit

Each awardee will receive:

• A personal plaque (paid by the ESCC Foundation) during Honor's Day
• Their photo on display in the Wallace Building for one year
• Representation of ESCC for the Chancellor's Award and attendance at a luncheon in Montgomery in their honor in November