All official business conducted by the Board of Trustees shall be conducted at a duly noticed, official meeting of the Board. Pursuant to North Carolina law, a “meeting” of the Board occurs whenever a majority of the members of the Board meet, in person or by some electronic means, in order to: conduct a hearing, deliberate, take action, or otherwise transact public business. All Board meetings must be called pursuant to the proper notice and all meetings are open to the public except for closed session.
I. Board Meetings
Pursuant to applicable North Carolina law, the Board is allowed to conduct four types of official meetings: regular meetings, special called meetings, emergency meetings and recessed meetings. All meetings are public meetings unless designated as a closed session meeting.
A. Types of Meetings
B. Closed Session Meetings
The Board may conduct business in closed session when permitted by the reasons enumerated in N.C.G.S. § 143-318.11(a) or as otherwise permitted by law. The Board may hold a closed session upon a motion duly made and adopted during the open portion of the meeting. Every motion shall site the legal reason for going into closed session and the law that renders the information confidential or privileged. A motion based on the need to consult with an attorney employed by the Board regarding the handling or settlement of a lawsuit must identify the parties in the lawsuit.
Unless otherwise designated by the Chair, the Recording Secretary shall keep minutes of all special-called meetings and the meeting shall be approved by the Board at its next regular meeting.
C. Electronic Meetings
The Board may conduct a meeting by use of conference telephone or other electronic means indicated by N.C.G.S. § 143-318.13(a). The Board shall provide a location and means whereby the public may listen to the meeting.
II. Committee Meetings
In accordance with the Trustees’ By-Laws, the Board may establish standing or ad hoc committees as necessary. The Chair shall appoint the members of the committees as well as the committee chairs. Committees established by the Board are subject to this policy except that a majority of the committee’s members, present and in attendance at the meeting, shall constitute a quorum of the committee.
III. Meeting Procedures
A. Parliamentary Procedures. When conducting its meeting, the Board shall use the parliamentary procedures consistent with the most updated version of Roberts Rules of Order. As part of the official duties, the Board Chair shall serve as the parliamentarian officer and shall rule on issues and questions concerning parliamentary procedure. As needed, the Board Chair shall consult with the Board’s attorney regarding matters of parliamentary procedure.
B. Meeting Agenda. The Board Chair and the President will prepare a proposed agenda for each Board meeting. A request to have an item of business placed on the agenda must be received at least seven (7) business days before the meeting. Each Board member will receive a copy of the proposed agenda five (5) business days prior to the meeting and the agenda will be available for public inspection and/or distribution immediately after being made available to Board members. At the meeting, the Board may, by a majority vote, add an item that is not on the agenda.
C. Quorum. A majority of voting members of the Board in actual attendance at meetings (seven (7) members) shall constitute a quorum for the transaction of business. Unless otherwise stated, no business shall be transacted without a majority vote of the quorum. A Board member may participate by remote or electronic access as allowed by law. A majority of the full Board is required for the election, non- renewal or termination of the College President.
D. Ethics Statement. At the beginning of each Board meeting (including Board committee meetings), the Chair shall remind all members of their duty to avoid any conflict of interest and shall inquire as to whether there is any known conflict of interest with respect to any matters coming before the Board (or Board committee) at that time.
E. Individual or Group Hearings. It shall be the standing policy of the Board of Trustees of Montgomery Community College to provide for a reasonable public avenue of approach by the College’s constituency to the Board of Trustees. The following provisions shall apply to individuals or groups wishing to make an oral presentation:
i. All requests for oral presentations must be filed with the Chairman of the Board of Trustees at least two weeks (10 days) prior to the date of the regularly scheduled meeting of the Board of Trustees at which the group or individual requests presentation privileges.
ii. Oral presentations shall be limited to five minutes or less.
iii. Presenters shall be limited to one topic per presentation.
iv. Each group or groups of persons must designate a presenter. The name, address and telephone number of the designated presenter must be furnished to the chairman of the Board of Trustees at the time the request for presentation privilege is presented.
v. A typed, double-spaced copy of the presentation must be furnished to the Chairman of the Board of Trustees at least forty-eight hours prior to the regularly scheduled Board meeting at which the presentation is to be made.
vi. Abusive or profane language, gestures, or actions will not be tolerated and may result in sanctions.
vii. Robert’s Rules of Order will be utilized as a guide but may not supplant the foregoing provisions.
Legal Reference: Chapter 143, Article 33C of the North Carolina General Statutes; N.C.G.S. § 138-15(e)
Adopted: October 10, 2018