Section 3: Comprehensive Standards - Institutional Mission, Governance, And Effectiveness 3.2.4
The governing board is free from undue influence from political, religious, or other external bodies, and protects the institution from such influence.

Statement of Compliance: Texas State Technical College Harlingen is in compliance with Comprehensive Standard 3.2.4.

Rationale for Judgment of Compliance:

The Texas State Technical College (TSTC) governing board is free from undue influence from political, religious or other external bodies, and protects the college from such influence. The nine members of the TSTC Board of Regents [Ref 1] are appointed by the Governor of the State of Texas, Rick Perry, with the advice and consent of the State Senate and as such serve the people of the state. The legislation establishing the TSTC System and empowering the Board of Regents to control the system creates a governing board that represents the diverse economic aspects of the state. The legislation states that "the governor shall include persons representing agriculture, business, industry and labor." (Chapter 135.22, Education Code) [Ref 2] Board members serve six-year terms, with one-third of the members subject to reappointment every two years. A review of the board membership also indicates that each represents geographical regions of the state.

Board of Regents meetings are governed by the requirements of the Open Meetings Act [Ref 3]. The regulations appear in State Statutes and in the Board of Regents Bylaws, Rules and Regulations [Ref 4]. The provisions of the Open Meetings Act reduce opportunities for undue influence on board members and their actions through stipulations regarding advance notice of meetings and the attendance of the public.

All candidates for Board membership and the Chancellor of the TSTC System must file a financial statement with the state, in compliance with Chapter 572 [Ref 5] Personal Financial Disclosure, Standards of Conduct, and Conflict of Interest. The specific purpose of this section of the Government Code is to strengthen the confidence of the people of the state in state government. The ethics standards and the creation of an Ethics Commission [Ref 6] are designed to "eliminate opportunities for undue influence over elections and governmental actions."

The Texas Ethics Commission was established to regulate elections and prohibit undue influence while protecting the constitutional right of the governed to apply to their government for the redress of grievances.

The Commission is construed to achieve the following objectives:

  1. To control and reduce the cost of elections;
  2. To eliminate opportunities for undue influence over elections and governmental actions;
  3. To disclose fully information related to expenditures and contributions for petitioning the government;
  4. To enhance the potential for individual participation in electoral and governmental processes; and
  5. To ensure the public's confidence and trust in government

Chapter 571 [Ref 7] of the Government Code permits individuals to file a sworn complaint alleging that a person subject to a law administered and enforced by the Commission has violated a rule adopted by or a law administered and enforced by the Commission. If violation has been found, the Commission may issue and enforce a cease and desist order, issue an affirmative order to require compliance, and/or impose a civil penalty. These ethical principles and standards apply to all persons employed by TSTC Harlingen regardless of rank or position. In addition, SOS HR2.1.12 Officer and Employee Ethics [Ref 8] addresses the proper discharge of employee's duties in the public's best interest. The president has appointed an ethics advisor, the director of human resources, to maintain an ethical climate in concert with the rules and regulations of the Texas Ethics Commission.

Section 556.004 [Ref 9]of the Texas statues governs activities by state agencies and their officers and employees prohibiting the use of appropriated funds "to finance or otherwise support the candidacy of a person for an office" whether state or federal. Neither state officers nor employees in their official capacity are allowed to influence the result of an election. Conversely, state employees are prohibited from restricting contributions to a political organization.

Documentation:

SourceLocation
Reference 1: Board of Regents 2004 http://www.harlingen.tstc.edu/president/SACS/SACS_Folder/boardreg
ents2003.asp
Reference 2: Education Code 135.22 http://www.capitol.state.tx.us/statutes/docs/ED/content/htm/ed.00
3.00.000135.00.htm#135.22.00
Reference 3: Chapter 551.002. Open Meetings Requirement http://www.capitol.state.tx.us/statutes/docs/GV/content/htm/gv.00
5.00.000551.00.htm#551.002.00
Reference 4: Bylaws, Rules and Regulations http://www.harlingen.tstc.edu/president/SACS/SACS_Folder/bylaws.asp
Reference 5: Chapter 572.021 Financial Statement Required http://www.capitol.state.tx.us/statutes/docs/GV/content/htm/gv.00
5.00.000572.00.htm#572.021.00
Reference 6: CHAPTER 556. POLITICAL ACTIVITIES BY CERTAIN PUBLIC ENTITIES http://www.capitol.state.tx.us/statutes/docs/GV/content/htm/gv.00
5.00.000556.00.htm
Reference 7: Chapter 571 Government Code
Chapter 571.122 Filing of Complaint; Contents
http://www.capitol.state.tx.us/statutes/docs/GV/content/htm/gv.00
5.00.000571.00.htm
Reference 8: SOS HR 2.1.12 Officer and Employee Ethics http://dl.tstc.edu/users/sos/HR_2_1_12.pdf
Reference 9: Prohibited Acts of Agencies and Individuals http://www.capitol.state.tx.us/statutes/docs/GV/content/htm/gv.00
5.00.000556.00.htm#556.004.00

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