To further the educational purposes of Western, many circumstances exist under which Western may consider leasing property to others or otherwise making District facilities available to the private sector. To ensure that any proposal observes minimum standards regarding appropriate relations with the private sector, the following guidelines must be adhered to:
- Any proposal by Western to lease District facilities to another party or parties for school related purposes shall be approved by the State Board. Lease proposals shall be provisionally approved in a District Board action at a public meeting and submitted to the State Board for review and action at least 45 days prior to the State Board meeting at which the proposal will be presented.
- Any proposal by Western to lease land to another party or parties on which a building will be constructed for school purposes shall be approved by the State Board. Lease proposals shall be provisionally approved in a District Board action at a public meeting and submitted to the State Board for review and action at least 45 days prior to the State Board meeting at which the proposal will be presented.
Western may lease out land upon which a building is to be constructed if any future acquisition of the building by the District will not expose the District to an expenditure exceeding $500,000, excluding gifts, grants or federal funds. Referendum requirements under s.38.15(3)(d) do not apply to buildings acquired as a result of the lease of lands to others for school purposes if there is no cash expenditure. If a building is acquired as a result of a lease, the value of that building will be counted against the District's $1,000,000 limit for a two-year period, commencing from the date of acquisition.
Prior to Western entering into a contract or agreement which would permit private sector use of District property or facilities, whether or not the lease or contract could result in the acquisition of a facility by the District, such an agreement or contract must:
- Be provisionally approved in District Board action at a public meeting
- Be submitted to the State Board 45 days prior to the meeting at which the proposal will be acted on
- Receive the prior approval of the State Board
The State Board will consider how the contract and total project meet the criteria listed below when reviewing any proposed contracts or agreements. State staff will, as the basis of their recommendations to the State Board, make their approval/disapproval based on the six criteria listed. These criteria apply to the leasing of land, or otherwise making District property or facilities available to private parties, and to all circumstances in which there is the possibility of facilities being acquired by the District through a contractual arrangement.
- Any proposed private sector activity or facility is directly related to the educational purposes of the institution
- There has been a review of available alternative means of providing the proposed services and the contract or agreement represents the best alternative
- All responsible interested parties have been given an opportunity to bid to provide the services
- Public funds are not directly or indirectly subsidizing profit-making ventures
- Services are primarily, if not exclusively, for District staff and students
- The interests of the institution are protected.
S.38.14(3) CONTRACTS FOR CUSTOMIZED TRAINING AND TECHNICAL ASSISTANCE
Any activity which results in the provision of goods and services by the district is permissible only if the activity involves the following:
- The activity is deemed important to the fulfillment of Western's education, training and economic development functions.
- The activity is needed to provide goods or services necessary for District operations at a reasonable price, on reasonable terms and at a convenient location and time.
- The activity is carried out with a sensitivity to the larger community for the primary benefit of the District community.
- All activities paralleling the private sector must be integral to the fulfillment of the District's instructional, research or public service mission.
- The pricing of goods or services recovers full cost or is set higher than full cost so as to be comparable to private sector prices unless a reduced price is demonstrated and approved by the Board of Directors to be necessary to fulfill a function integral to the mission of the District.
- A Private Sector Relations Review Committee be appointed to meet at least once a year to evaluate the extent of the services offered by the District and to review specific areas of potential competition with the private sector.
- Any dispute with private-sector providers regarding District contracting will be reviewed by the District's Private Sector Relations Review Committee. In the event of a formal written complaint from the private sector provider, the Committee will notify the private-sector provider, in writing, within 30 days of the Committee's opinion, and the District's decision.
The Private Sector Relations Committee will conduct a formal review if the private sector provider formally requests a hearing subsequent to the District's decision.
The Board of Directors also adopts Directive KGM issued October 13, 1989 by the Wisconsin Technical College System Board.