MCC Techtrail

1.08.00 – Policy – Board of Trustees and Governance Duties and Expectations of Board Members

This Policy sets forth the duties and expectations of members of the Board of Trustees as well as the process for removal of a Board member. Board members are expected to perform essential functions for the College as described in the General Statutes, the Board of Trustees’ By-Laws and College policy. Board members should perform these duties faithfully upholding the integrity of the office while avoiding impropriety or the appearance of impropriety.

I. Standards of Conduct

Board members shall uphold the following standards of conduct when carrying out their official duties:

A. Adequately prepare for and attend Board of Trustee meetings and its respective committees.

B. Render all decisions based on the available facts and appropriately seek out information from the College President, when necessary, in order to carry out the duties of the Board when making decisions and monitoring the affairs of the College.

C. Maintain the confidentiality of information that is made private under the law and do not disclose matters discussed in closed session.

D. Avoid conflicts of interest and avoid the appearance of conflicts of interest. When a conflict or potential conflict arises, the member should bring the matter to the attention of the Chair.

E. Serving on and contributing to the work of Board and College committees when assigned.

F. Understand that the Board of Trustees’ authority arises out of official actions taken by the Board in a called meeting. Members may not obligate the College to any contract, promise or other liability and should refrain from acting individually on behalf of the College or Board of Trustees unless authorized to do so.

G. Adhere to North Carolina open meeting and public records laws.

H. Participate in a College-approved trustee orientation as well as the mandated State ethics training.

I. Adhere to the applicable provisions of the State Ethics Act.

 

II. Removal of a Board of Trustee Member

A. In accordance with N.C.G.S. §115C-19, the Board of Trustees may declare vacant the office of a member of the Board who:

1. does not attend three consecutive scheduled meetings of the Board without justifiable excuse; or

2. does not, within six months of appointment, participate in a trustee orientation and education session sponsored by the North Carolina Association of Community College Trustees or other organization approved by the Board.

Prior to declaring the office of a member vacant for the reasons above, the Board shall provide the member an opportunity to provide information on why the member has failed to meet either requirement.

B. Should the State Board of Community Colleges have sufficient evidence that any member of the Board is not capable of discharging, or is not discharging, the duties of his/her office as required by law or lawful regulation, or is guilty of immoral or disreputable conduct, the State Board shall notify the Board Chair, unless the Chair is the offending member, in which case the other members of the Board shall be notified. The Board may request assistance from the Board’s attorney or another professional to investigate the matter. Upon receipt of such notice there shall be a meeting of the Board for the purpose of investigating the charges, at that meeting a representative of the State Board of Community Colleges may appear to present evidence of the charges. The allegedly offending member shall be given proper and adequate notice of the meeting and the findings of the other members of the Board shall be recorded, along with the action taken, in the minutes of the Board. If the charges are, by an affirmative vote of two-thirds of the members of the Board, found to be true, the board of trustees shall declare the office of the offending member to be vacant.

The Board may initiate its own investigation into a member’s actions upon receipt of sufficient information that the member is not discharging the duties required of the office or is guilty of immoral or disreputable conduct. Any hearing on the matter shall be conducted in accordance with this section.

C. The Chair shall notify the appointing agency of any vacancy on the Board.

Legal Reference: N.C.G.S. § 115D-20; Trustee By-Laws

Adopted: October 10, 2018