Hillsborough Community College misinterpreted the information requested in the Compliance Certificate, which regrettably lead to some confusion for the Off-Site Committee members.  The College wishes to clarify that the HCC Foundation, Inc. is an institution-related foundation that is not controlled by HCC, but operates pursuant to bylaws that describe the relationship between the institution and the Foundation (HCC Foundation Bylaws).  The Foundation is a non-profit, tax-exempt corporation, created and incorporated in June 1974, as a direct-support organization in the Florida Community College system pursuant to Florida Statutes (Florida Statutes, Section 1004.70; HCC Foundation Policy 103; HCC Administrative Rule 6HX-10-8.00).  As outlined in their bylaws, the Foundation is a separate, independent, corporate entity that operates to secure and maintain gifts, donations, gifts-in-kind, and the services of the community to accomplish both institutional objectives and priorities (HCC Foundation Bylaws).

The Foundation is governed and guided by an independent Board of Directors comprised of representatives of the local community, which selects an Executive Committee, both operating pursuant to the Foundation bylaws (HCC Foundation Bylaws; Florida Statute, Section 1004.70).  The Executive Committee, which is responsible for exercising the powers of the Board of Directors between meetings, at the time of an emergency or when it is impractical to convene the Board of Directors, is required to report to the Board of Directors at their next meeting for approval or other considerations (HCC Foundation Bylaws).  Pursuant to the requirements set forth in Florida law, the President appoints a liaison and the Chair of the HCC District Board of Trustees annually appoints a Board member to serve on the Executive Committee and the Board of Directors (Florida Statutes, Section 1004.70(2)).  The Executive Director of the Foundation, who oversees the day-to-day operations and management of the Foundation, is appointed by and reports to the President and serves as an ex-officio, non-voting member of the Foundation Board (HCC Organization Chart; HCC Foundation Bylaws; HCC Foundation Board minutes for two years).  Annually, the Board of Trustees reviews and certifies that the Foundation is operating in a manner consistent with both HCC’s goals and in the best interest of the State of Florida (Florida Statutes, Sections 1001.64(39); 1004.70(1)(a)(3); HCC Administrative Rule 6HX-10-8.00).

The Foundation mission, which is linked to HCC’s mission, supports the operations, programs, and welfare of the institution by providing financial, advisory and other support directed to aid HCC in serving its students, faculty and administration, and the best interests and welfare of the community it serves (HCC Foundation Bylaws).  Further, the Foundation unit plan supports both HCC’s mission and goals (HCC Foundation Unit Plan).

The HCC Board of Trustees has designated the Foundation as the recipient of all gifts and donations to the institution as long as it is in the best interest of the institution (HCC Foundation Bylaws).  The Foundation has sole responsibility for the acts, debts, liabilities, and obligations of the Foundation.  The Foundation bylaws further state that the institution has no responsibility for the acts, debts, liabilities and obligations incurred or assumed by the Foundation by reason of the HCC’s Board of Trustee’s certification of the Foundation (HCC Foundation Bylaws).

Annually, the Foundation submits its budget and audit to the HCC Board of Trustees, the Auditor General for the State of Florida and the State Board of Education for review.  Each may require further detail or supplemental data (Florida Statutes, Section 1004.70(5) (b); HCC Administrative Rule 6HX-10-8.00).

As noted by the off-site committee, the Foundation Board operates independently from the institution.