§ 21-18-312 — Formation of districts; initial elections

Wyoming § 21-18-312

• Jurisdiction: Wyoming
• Title 21: Education
• Ch. 18: COMMUNITY COLLEGES
• Art. 3: COMMUNITY COLLEGE DISTRICTS

Text

(a) An application for the formation of a community
college district may be submitted to the commission only when
the following minimal prerequisites have been satisfied: the
area to be formed into the district must be a territory having
an assessed property valuation of not less than one hundred
million dollars ($100,000,000.00); there must be not less than
fifteen hundred (1,500) students regularly enrolled in grades
nine (9) through twelve (12). The territory of such district
may encompass one (1) or more counties.
(b) No community college may be established in the state
of Wyoming unless approved by the community college commission
pursuant to the provisions of this act and approved by the
legislature. No state funds for any purpose shall ever be
distributed to any community college district which is formed
without legislative approval.
(c) The application for the formation of a community
college district shall be submitted in the form prescribed by
the commission and subscribed by not less than five hundred
(500) or twenty-five percent (25%), whichever is the smaller
number of qualified electors residing within each of the
counties situated in the area sought to be organized into a
community college district.
(d) Whenever the community college commission receives a
proper application for the formation of a community college
district, it shall cause a survey to be conducted to consider
the need for a community college in the proposed district, the
need for the community college in the state, the financial
ability of the proposed district to support a college, the
educational soundness of the proposed community college plan and
any other matters which might assist the commission in the
disposition of the application. The county commissioners of the
area within the proposed community college district shall
reimburse the community college commission for all reasonable
expenses incurred in making the survey. If the proposed district
embraces more than one (1) county the costs of the survey shall
be shared proportionately by the counties involved, according to
population within the proposed district.
(e) The commission shall approve or disapprove the
petition within ninety (90) days of receipt thereof. The
commission shall furnish the legislature a copy of its survey
findings and recommendations and shall notify the county
commissioners of the county wherein the proposed community
college is to be located of its findings and recommendations.
(f) After receipt of notice that a petition for
establishment of a community college has been approved by the
commission, the county clerk of the county wherein the proposed
community college is to be located shall conduct an election to
determine the question of creation of a community college
district with authority to levy a tax not to exceed four (4)
mills and to elect the initial members of the community college
district board. The election shall be held on the next election
date authorized under W.S. 22-21-103 which is not less than
sixty (60) days after the receipt of the notice by the county
clerk. In the event two (2) or more counties are to be included
in the proposed community college district, the county
commissioners shall proceed in accordance with W.S. 22-22-103.
The county clerk of the other county or counties involved shall
conduct an election on that date as hereinafter provided. The
county commissioners of the county or counties included within
the proposed community college district shall pay all costs
incident to the conduct of the election within their respective
counties.
(g) The county clerk of the county wherein the proposed
community college is to be located shall publish at least one
(1) notice of election in a newspaper of general circulation in
the proposed community college district. The publication shall
be made no more than thirty (30) days nor fewer than fifteen
(15) days prior to the date set for the election. The notice
shall state that the purpose of the election is to determine the
question of creation of a community college district with
authority to levy a tax not to exceed four (4) mills on the
dollar of assessed valuation of property located within the
proposed district and to elect members of the initial community
college district board.
(h) The county clerk, in conducting an election to
determine the establishment of a community college district, has
substantially the same duties and responsibilities as in the
conduct of a regular college election except as otherwise
provided.
(j) Nominations to the initial community college district
board are submitted on forms provided by the county clerk of the
county wherein the proposed community college is to be located
to be substantially the same as those required for the
nomination of a candidate in a regular district board member
election. All names so filed shall be printed in alphabetical
order, without designation of party name or election
subdistrict, on the ballot to be furnished the electors at each
polling place on the day of the election by the county clerk of
the county wherein the proposed community college is to be
located. The names of all persons filing as candidates shall be
published in a newspaper of general circulation in the proposed
community college district not later than the Saturday preceding
the date of the election. Nothing in this section prevents a
voter from writing the name of any qualified person on such
ballot.
(k) Absentee ballots are allowed in elections for the
establishment of a community college district in the same manner
as provided in the procedure for trustee elections.
(m) Any person who qualifies as a voter in a community
college district board election is entitled to vote in an
election on the question of establishment of a community college
district.
(n) The question to be submitted to the voters to
determine the establishment of a community college district
shall be in substantially the following form:
(i) "Shall a community college district be created
and established according to law, encompassing .... (name of the
county or counties within the proposed community college
district) to be known as .... Community College District for the
operation and maintenance of a community college to be located
at ...., Wyoming; and shall there be levied a special tax not to
exceed four (4) mills on the dollar of taxable valuation within
the district for the operation and maintenance of said community
college?"

Community college and special mill tax Yes

Community college and special mill tax No
(o) Immediately after the closing of the polls the
election officers shall proceed to canvass the ballots. Results
disclosed by the canvass shall be certified by the county clerk
to the county commissioners of the county wherein the proposed
community college is to be located. After all results have been
received by the county commissioners of the county wherein the
proposed community college is to be located the results shall
immediately be certified to the commission.
(p) The vote necessary to authorize the establishment of a
community college district is a majority of all votes cast
within the proposed community college district.
(q) The county clerk shall prepare copies of the
certification of election results and keep a copy of the
certificate of election results on file.
(r) If the election for establishment carries, the county
clerk shall notify by registered mail the seven (7) candidates
who receive the highest number of votes in the entire election.
The seven (7) candidates shall constitute the initial board of
the community college district. Terms of office shall begin on
the day immediately following the certification of the election
and shall expire at 12:00 noon on the first day in December
following the first regular election of board members under W.S.