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									 AN ACT TO AMEND THE ACT CREATING THE BOOKER WASHINGTON
  AGRICULTURAL AND INDUSTRIAL INSTITUTE (BWI) BY ADDING
  THERETO A TECHNICAL COLLEGE TO BE KNOWN AS THE BOOKER
        WASHINGTON INSTITUTE OF TECHNOLOGY (BWIT)


                                      PREMEABLE

WHEREAS Article six (6) of the Constitution of Liberia guarantees equal access to
educational opportunities and facilities and emphasizes mass education for all Citizens

WHEEREAS, such educational opportunities encompass both academic and vocational
education that will ensure the development of qualified individuals to contribute to the
overall development of the Liberian state;

WHEREAS, it is evident that educational institutions currently providing such opportunities
for vocational and technical education in Liberia are generally at non-degree granting
levels;

WHEREAS, the limited number of degree granting institutions in professional, vocational
and technical education in Liberia continues to hamper the development of Liberia;

WHEREAS, the need for a Technical College to provide higher technical and professional
education for Liberians and other Nationals has become even more apparent by the
absence of such institutions despite Liberia’s dire need for qualified and professional
technicians;

WHEREAS, it is envisaged that the creation of this College will provide opportunities for
higher technical and professional training to address the human resource needs of the
Country as well as the human resource needs of businesses and industries in the country;

WHEREAS, the Booker Washington Institute (BWI) has continuously played a pivotal role
in educating and building the capacity of thousands of Liberians and other Nationals since
June 1929 and is well situated to be maintained as the High School component and feeder
for the Technical College;


NOW THEREFORE, it is enacted by the Senate and the House of Representatives of the
Republic of Liberia, in Legislature Assembled:




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                                         Article I
                    CREATION OF THE TECHNICAL COLLEGE

Section 1:   There is hereby created a Technical College, to be an institution of higher
             technical and professional learning, and which is hereby made a legal
             corporate body with perpetual existence, under the Governance of the
             Trustees of the College, with Name, Objectives, Rights and Prerogatives as
             hereinafter set forth, The Booker Washington Institute of Technology in this
             Republic for the education of the people of Liberia and other countries who
             may seek for its advantages.

                                        Article II
             RETENTION OF BOOKER WASHINGTON INSTITUTION
Section 1:   The current High School component known as Booker Washington Agricultural
             and Industrial Institute shall continue to exist under the name “Booker
             Washington Institute” and shall be retained as a feeder for the Booker
             Washington Institute of Technology.

                                    Article III
           ADMINISTRATION OF THE BOOKER WASHINGTON INSTITUTE
Section 1:   The Booker Washington Institute (BWI) shall be administered by an
             ADMINISTRATIVE COORDINATOR AND AN ASSISTANT ADMINISTRATIVE
             COORDINATOR who shall report to the President of the College.

                                         Article IV
                     NAME, OBJECTIVES AND GOVERNANCE

Section 1:   NAME OF THE COLLEGE
             The name of the college shall be: “Booker Washington Institute college of
             Technology” which may be referred to in short as BWI Technical College or
             the College.

Section 2: OBJECTIVES OF THE COLLEGE
           a. To maintain in the Republic of Liberia an institution of higher technical and
              professional education where any qualified person shall obtain instructions
              in various academic and technical disciplines.
             b. To provide the conditions for instruction in all parts of collegiate,
                professional and higher technical learning,
             c. To provide technical education relevant to the human resource needs of
                the Country as well as businesses and industries in Liberia,
             d. To effectually promote the interest of the State and the growth and
                improvement of the College.
             e. To maintain a Center of Excellence for higher technical and professional
                learning where members of all races, classes and creeds can enjoy an
                equal opportunity to study, learn and achieve their educational goals.



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             f. To provide and promote study and research opportunities in applied
                science and technology and other related fields of learning consistent with
                the national needs.
             g. To perform such other functions as the Board of Trustees may, from time
                to time, determine in promoting the objectives of the college.

Section 3:   GOVERNANCE OF THE COLLEGE
             The College shall be under the governance of a-Seventeen-Member Board of
             Trustees which shall have perpetual succession of 12 Permanent Members;
             and five members to be nominated for appointment by the Visitor to the
             College as herein provided (in this Charter hereafter referred to as the Board).

                                          Article V
              DISSOLUTION OF THE BOARD OF GOVERNORS OF BWI
Section 1:   The Board of Governors of BWI is hereby dissolved and replaced by the Board
             of Trustees of the Technical College.
                                          Article VI
                           COMPOSITION OF THE BOARD
Section 1:   MEMBERSHIP OF THE BOARD OF THE COLLEGE:
Section 1A: The Permanent Members of the Board are:
            a) The President of the Republic of Liberia as Chairperson Ex-Officio and
               Visitor of The College
            b) The Minister of Education of the Republic of Liberia as Member Ex-officio
             c) The Superintendent of Margibi County
             d) Two members of the Margibi County Legislative Caucus to be selected by
                the Caucus
             e) One Legislator to be nominated by the President Pro Temp of the Senate
                and Speaker of the House of Representatives
             f) Ministry of Finance, Republic of Liberia.
             g) Ministry of Agriculture, Republic of Liberia.
             h) University of Liberia
             i) Two officials of Booker Washington Institute and Booker Washington
                Institute of Technology Alumina Associations
             j) President of the College shall serve as Secretary to the Board

Section 1B: Appointed Members:
            The appointed members of the Board are:
            a. The Interfaith Council (2 members)
            b. The private sector (3 members)

Section 2:   Institutional members on the Board shall serve for four years and shall be
             eligible for re-appointment provided the previous time of service was not
             terminated by removal for misconduct, gross negligence, ineptitude and any
             other reasons which may be grossly incompatible with the conduct of a
             member of such a Board. The Head of each institutional member or the
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              principal deputy shall represent the institutional member at all meetings of
              the Board.

Section 3:    The Representative of an institutional member of the Board who is unable to
              attend a regular or called meeting of the Board for a cause may be
              represented by proxy, provided the Board is duly notified thereof in writing,
              and that such proxy is high-level decision maker within the institutional
              member’s organization.

Section 4:    If it is established by the Board that a representative of an institutional
              member of the Board should be removed from office on the ground for
              misconduct or inability to perform the functions of the office, the Board shall
              notify that member as to the circumstances, and require the member to
              promptly replaces such representative. Refusal to substitute such
              representative within reasonable time as shall be determined by a majority of
              the rest of the members shall be grounds to recommend removal of the
              member institutional from the Board.

                                          Article VII
                    POWERS AND FUNCTIONS OF THE BOARD

Sections 1:    Authority for the Governance and control of the Booker Washington Institute
              of Technology is hereby vested in the Board of Trustees of the College.

Section 2:    The President of the College shall be nominated by the Board of Trustees
              through a competitive process and recommended to the Visitor of the College
              for appointment on such terms and conditions consistent with the
              requirements and responsibilities of the position; preference shall be given to
              members of the alumni association of BWI and BWIT.

Section 3:    The Visitor of the College may request the Chairperson of the Board of
              Trustees to convene a Board meeting for the purpose of discussing matters
              affecting the welfare and development of the Technical College as he/she
              deems necessary.

Section 4:    Without limiting the generality of the authority of the Board of Trustees as
              provided in Article IV Section 1, the Board of Trustees of the College shall
              exercise the following powers and perform the following duties in relation to
              the Technical College and in furtherance of its objectives:

              a) Design, make and use a common seal and alter the same when it
                 becomes necessary.
              b) Take gift, grant, devise, purchase, or otherwise acquire real property and
                 to hold same in fee simple or administer same in any manner provided in
                 this Article or as provided under the laws of Liberia;
              c) Bequest, lease, purchase, or otherwise possess any estate in real property
                 or any other property, including intangibles, and to deal with same in any
                 manner provided in this Article; and to use such property, real or personal,
                 directly for the College purpose, or to sell, invest and re-invest, or in any
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                 other lawful manner utilize such property for the benefit of the Technical
                 College. The income wherefrom to be applied to the endowment and
                 support of the Technical College in such manner as shall most effectually
                 promote the interest of the Republic of Liberia and the growth of the
                 College, and the improvement of its faculty and student body.
             d) Enter into and execute contracts and agreements. To mortgage real or
                personal property, and in pursuance thereof, all deeds, bills of sale, of
                their instruments in writing sealed with the common seal of the Board of
                Trustees of the College, and signed by its Order shall be considered in Law
                as the act of said Board of Trustees, when made in its corporate name.
             e) Sue and be sued and plead and be pleaded in all actions and to prosecute
                the same as necessary to final judgment and execution in the name of the
                “Board of Trustees of the Booker Washington Institute of Technology”
             f) Approve the Annual Budget of the Technical College.
             g) Appoint its officers and members and establish its standing and special
                committees.
             h) Fix the time and place for its meetings.
             i) Make such by-laws, rules and regulations as may be necessary for itself
                and for the efficient governance of the Technical College.
             j) Confer the usual collegiate honors and degrees upon recommendation of
                the faculty through the President of the Technical College, and to confer
                honorary degrees upon recommendation of the President of the Technical
                College.
             k) Engage in revenue generation activities that will promote the welfare,
                growth and development of the College.

                                        Article VIII
                          ADMINISTRATION OF THE COLLEGE
The administrative structure of the College shall include a President as head, chief
executive officer and chief spokesperson of the College, a Vice President for Administration
who shall be the principal deputy to the President, A Vice President for Curriculum and
Instruction, and a Vice President for Planning and Development. Other members of the
senior administration shall include a comptroller and deans of the several departments
constituting the academic and technical programs of the College.

                                         Article IX
                    POWERS AND DUTIES OF THE PRESIDENT

Section 1:   The President shall have authority to administer the affairs of the Technical
             College within the framework of the Charter, the By-laws and constitution, the
             rules and regulations, and the established policies of the Technical College.
             He/she shall submit to the Visitor and the Board of Trustees an annual report
             covering the activities of the Technical College.

Section 2:   The President shall have supervision over the general management of the
             affairs of the Technical College, control its properties and finances under the
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                supervision of the Board, as well as the power to take action or do anything
                which a person in such position would reasonably be expected to take or do.

Section 3:      The President of the College, who shall serve as the Secretary of the Board of
                Trustees, shall participate in all discussions and decisions of the Board except
                that he/she shall not take part in the decision of any question in which he/she
                has personal interest.

Section 4:      Recommend to the Board of Trustees for appointment, the Vice President for
                Administration, Vice President for Curriculum and Instruction and Vice
                President for Planning and Development.

Section 5:      In consultation with the Vice Presidents, the President shall appoint
                comptroller, various Dean of Departments and other senior positions.

                                        Article X
                                TENURE OF THE PRESIDENT

Section 1:      The President of the College shall serve for five (5) years and may be re-
                appointed for an additional five-year term only. Upon the Board’s
                recommendation, the president may be retained for an additional three years
                after which she/he must retire from the College.

                                             Article XI
                 REMOVAL OF THE PRESIDENTS AND VICE PRESIDENTS
Section 1:      If it is established by the Board that the President, any Vice President, Dean
                or the Comptroller be removed from office or employment on the ground of
                misconduct, gross negligence, ineptitude and or any other reasons which may
                be grossly incompatible with his or her functions, the Board shall:

             (a) Give written notice to the person concerned of a scheduled investigation,
                 specifying the reasons;

             (b) Appoint an investigating committee to investigate said matter and report
                 same to the Board for the appropriate action.

             (c) Make a final determination pursuant to the result and recommendation of the
                 investigation.

                                            Article XII
                            DEGREE GRANTING AUTHORITY
Section 1: The College shall consist of two- year academic program for
           associate degree and a four-year academic program for bachelor
           degree in any and/or all of the departments constituting the
           college.



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                                         Article XIII
                           COMPOSITION OF THE COLLEGE
Section 1:      The College shall consist of the following Departments:
             1. Department of Technology
               a. General Construction & Architectural Design;
              b. Electrical
              c. Information & Communication Technology
              d. Mechanical Department of Architecture;

             2. Department of Agriculture & Natural Resource Management

              a. General Agriculture
              b. Renewable Energy

             3. Department of Business Education

              a. Accounting
              b. Banking & Finance

             4. Department of Hospitality & Food Science

The Board may authorize the creation of such other Departments as the Board may deem
necessary.

Section 2:    The College shall grant the degree “Bachelor of Technology” in the Technical
              disciplines herein named above; it may also grant “Associate of Technology”
              Degree in particular areas for credits lesser than four years requirement as
              shall be determined by the Board.

                                      Article XIX
                                 POWER OF THE VISITOR

Section 1:    The visitor of the Technical College shall appoint the Members of the Board of
              Trustees.

Section 2:    The visitor from time to time may recommend for action by the Board such
              measures as will enhance the progress and Welfare of the Technical College
              and further the attainment of its objectives.


                                          Article XV
                                FINANCE AND REVENUE

Section 1:    The Revenue of the Technical College shall include:
              a) Budgetary appropriation from the Government of Liberia;




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             b) All fees charged by and payable to the Technical College for instruction,
                training, seminar, boarding facilities, etc., and from all students enrolled
                at the Technical College;
             c) All fees charged by and payable to the College for special training and
                research projects;
             d) All and any amount, charged or dues recoverable by the Technical
                College;
             e) All revenues from time to time accruing to the college by way of
                subvention, grant-in-aid, endowment or otherwise;
             f) All interest deriving from investments;
             g) All donations and legacies accruing to the college from other sources; and,
             h) Proceeds from the college farm.

Section 2:   Donations of money to be applied for a particular purpose shall be deposited
             in a special Reserved Account, and may be invested in such securities or
             other investments as may be determined by the Board provided there is no
             donor restriction on its usage, until such time as they may be expended in
             fulfillment of such purpose, provided that the terms and conditions associated
             with such donation do not forbid such acts by the Technical College.

Section 3:   All monies received on behalf of the Technical College shall be deposited into
             such bank as may be determined by the College administration, for safe
             keeping until at such time when disbursement of said monies may be needed.

Section 4:   The Technical College shall prepare a financial statement of its assets and
             liabilities at the end of each fiscal year in line with best accounting practices.

Section 5:   The prepared Annual Financial statement shall be certified by the president
             and audited by an independent firm of auditors appointed by the Board.

Section 6:   The president of the Technical College shall prepare an annual budget for the
             ensuing fiscal year not later than February 28, of each fiscal year and when
             prepared, it shall be submitted to the Board for review and approval.


                                         Article XVI
                              EXEMPTION FROM TAXES

Section 1:   All properties belonging to the Technical College as well as all lands held by it,
             whether improved or unproved, shall be forever tax exempt unless such
             properties are used exclusively for income generation.

                                        Article XVII
PROPERTIES OF THE BOOKER WASHINGTON INSTITUTE OF TECHNOLOGY

Section 1:   All properties, real or personal, all goods, chattels, mortgages, and benefits
             held by Booker Washington Institute or the College shall be jointly owned by

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             the two institutions as a unit although their operations shall be reported on in
             separate manner to reflect the result of the operations of each.

                                        Article XVIII
                                   MISCELLANEOUS
Section 1:   All acts, or parts of acts relating to Booker Washington Institute touching on
             the establishment of the College as herein specified, are hereby amended;
             provided, however, that such amendment shall not affect any doing, or any
             right accrued or established, or any unit or proceedings commenced prior to
             the usage of this Charter.

Section 2:   This Charter may be amended by the Legislature of the Republic of Liberia on
             recommendation of the Board of Trustees of the Technical College or as
             provided for under the laws of Liberia.

Section 3:   This Act shall take effect immediately upon publication in hand bills.

                         Any law to the contrary notwithstanding.




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AN ACT TO AMENDTHE ACT CREATING THE BOOKER WASHINGTON
 AGRICULTURAL AND INDUSTRIAL INSTITUTE (BWI) BY ADDING
 THERETO A TECHNICAL COLLEGE TO BE KNOW AS THE BOOKER
  WASHINGTON INSTITUTE COLLEGE OF TECHNOLOGY (BWIT)




                    August 21, 2012




            SPONSOR BY: HON. BEN A. FOFANA
      REPRESENTATIVE DISIRICT #4, MARGIBI COUNTY




TO BE ENACTED BY THE HOUSE OF REPRESENTATIVES AND
        THE SENATE IN LEGISLATURE ASSEMBLE




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