| ARTICLE
I |
NAME
|
| The
name of this organization shall be the Board
of Trustees of Southwestern Community College |
| ARTICLE
II |
PURPOSE
AND OBJECTIVE |
| Section
1 |
The
purpose of the Board of Trustees shall be
to govern Southwestern Community College within
the framework of the Community Colleges Act,
Chapter 115D of the General Statutes of North
Carolina. |
| Section
2 |
The
objective of the Board of Trustees shall be
to assure that Southwestern Community College
accomplishes its mission. |
| ARTICLE
III |
MEMBERSHIP
AND RESPONSIBILITIES |
| Section
1 |
Membership
of the Board of Trustees shall be in accord
with Article 2, Section 115D-12 and Section
115D-13 of Chapter 115D of the General Statutes
of North Carolina, or as they may later be
amended by the General Assembly. |
| Section
2 |
The
responsibilities of the Board of Trustees
shall be as defined in Article 2, Sections
115D-14, 115D-25, and 115D-20 of Chapter 115D
of the General Statutes of North Carolina,
or as may later be amended by the General
Assembly. |
| Section
3 |
A
member of the Board of Trustees may be removed
from the Board in accord with Article 2, Section
115D-19 of Chapter 115D of the General Statutes
of North Carolina, or as they may later be
amended by the General Assembly. |
| Section
4 |
Absence
of a member of the Board of Trustees from
as many as one-half of all regular board meetings
in any calendar year shall be deemed evidence
of cause and such member may be removed in
the manner provided by General Statutes 115D-19
or as it may later be amended by the General
Assembly. |
| Section
5 |
Vacancies
occurring in the membership of the Board,
for whatever cause, shall be reported to the
agency having the authority for appointment
of replacement within 60 days after the date
on which the vacancy occurs. The Secretary
of the Board shall make this report with a
request for the appointment of a replacement.
|
| ARTICLE
IV |
OFFICERS
AND THEIR DUTIES |
Section
1
|
The
officers of the Board of Trustees shall be
a Chairman and a Vice-Chairman elected from
the membership. A Secretary, who need not
be a Trustee, shall also be elected. The President
shall be the Executive Officer of the Board
of Trustees. |
| Section
2 |
The
Chairman shall (1) preside at all meetings
of the Board and the Executive Committee,
(2) appoint all committees and serve as an
ex officio voting member of all committees
except the Executive Committee, (3) exercise
the deciding vote in case of tie votes, (4)
execute appropriate contracts and other documents
by the authority of and in the name of the
Board of Trustees, (5) perform other such
duties as may be deemed necessary or otherwise
provided by the Constitution. |
| Section
3 |
The
Vice-Chairman of the Board of Trustees shall
preside in the absence of the Chairman, assume
the powers and authority of the Chairman in
his absence or disability, serve as a member
of the Executive Committee, and discharge
any other functions delegated to him by the
Board. |
| Section
4 |
The
Secretary shall (1) keep an accurate record
of the proceedings of the Board (mailing copies
to the membership as soon as feasible after
the meetings), (2) have custody of all official
records and documents of the Board, (3) have
custody of the Corporate Seal of the Board,
affix it to official documents, and attest
same by his signature, (4) prepare and maintain
an indexed compilation of all by-laws and
amendments thereto to be located in the Southwestern
Community College Policies and Procedures
Manual, (5) issue notices of all meeting of
the Board to the members of the Board and
to the President of the institution. |
| Section
5 |
The
Executive Officer shall be an ex officio member
of the Executive Committee without voting
privileges, and perform those duties as assigned
by the Board of Trustees and/or by the Chairman.
|
| ARTICLE
V |
ELECTIONS |
| Section
I |
A
nominating Committee composed of three members
shall be appointed by the Chairman at the
July meeting. This committee shall present
a slate of officers at the October meeting;
nominations may also be made from the floor.
|
| Section
2 |
Officers
shall be elected by vote at the October meeting.
Election of each officer shall be determined
by a majority of votes cast. |
| Section
3 |
All
elected officers shall be elected for a term
of one year, assuming office at the adjournment
of the October meeting. Neither the Chairman
nor the Vice-Chairman shall be eligible to
serve more than three consecutive terms in
the same office, provided that in special
circumstances, as determined by the Board
of Trustees, a Chairman and/or Vice-Chairman
may be re-elected to additional terms so long
as the same special circumstances exist that
caused the re-election exemption.” |
| Section
4 |
If
a vacancy occurs in the office of Chairman,
the Vice-Chairman shall succeed to that office
and become Chairman for the remainder of the
term. |
| Section
5 |
When
a vacancy occurs in the office of Vice-Chairman,
the office shall be filled at the next regular
or special meeting of the Board by nominations
from the floor and by a majority of votes
of the members present. The Vice-Chairman
so elected shall serve until the next regular
election. |
| ARTICLE
VI |
MEETINGS |
| Section
1 |
The
regular meetings of the Board of Trustees
shall normally be held at Southwestern Community
College on the fourth Tuesday of each January,
April, July, and October. The Chairman or
the President of the College may, however,
for good and sufficient reason, change the
date and/or place of the regular meeting,
provided that the Board shall meet once each
three month period. Also, the Chairman or
the President may call such special meetings
as are required to conduct the business of
Southwestern Community College, with the business
confined to matters specified in the notification
to members of that special meeting. |
| Section
2 |
Members
and officers of the Board of Trustees and
the President of the College shall be notified
in writing by the Secretary of the Board of
the date, time, and place of all meetings
at least one week in advance of the time of
the meeting. |
| Section
3 |
Seven
(7) members of the Board of Trustees in actual
attendance at meetings shall constitute a
quorum for the transaction of business. A
simple majority of those present and voting
shall be required to transact the business
of the Board except in (1) determination of
policy for the college, (2) adoption of rules
and regulations affecting the College or the
Board of Trustees, (3) election of a president
of the College, (4) involvement of the corporate
body of the Board of Trustees when a majority
vote of all members of the Board (seven affirmative
votes) shall be required. However, in the
case of a special meeting when items of business
are limited to those specified in the notification,
members unable to be present may transmit
their opinions and intended vote to either
the President or the Chairman in writing or
to both by telephone. A majority of such response
together with the votes of those present shall
be recognized as a quorum. |
| Section
4 |
The
President will provide the Chairman with a
list of those items to be presented to the
Board with his recommendations for action
by the Board. The Chairman shall receive agenda
items from the Board members and all other
sources at least seven (7) days prior to the
meeting for which they were prepared. |
| Section
5 |
The
rules contained in Robert's RULES OR ORDER,
REVISED shall govern the Board in all cases
to which they are applicable in which they
are not inconsistent with this Constitution.
|
| ARTICLE
VII |
COMMITTEES |
| Section
1 |
The
Board may establish such standing committees
and such ad hoc committees as it deems necessary
to secure and protect the institution's welfare.
The Chairman shall appoint the members of
all committees except the Executive Committee.
|
| Section
2 |
The
Chairman of the Board of Trustees, the Vice-Chairman
of the Board, the immediate past chairman
if a member of the Board, and the chairmen
of the standing committees shall constitute
the Executive Committee. The President of
the College shall be an ex-officio member
of the Executive Committee without voting
privileges. The Executive Committee, during
intervals between meetings of the Board, shall
have and exercise all powers, privileges,
and prerogatives of the Board to act on matters
of such emergency that they should not be
postponed until a called or a regular meeting.
Minutes of all Executive Committee meetings
shall be recorded and shall be reported to
the Board of Trustees. |
| ARTICLE
VIII |
POWER,
DUTIES, AND RESPONSIBILITIES OF THE BOARD
OF TRUSTEES |
| Section
1 |
The
Board of Trustees shall have and shall exercise
those powers and duties as prescribed by Article
2, Section 515D-20 of Chapter 115D of the
General Statutes, or as it may later be amended
by the legislature. |
| Section
2 |
The
Board shall establish and disestablish programs
and courses of instruction offered and conducted
by Southwestern Community College. Authority
for such actions may be delegated to the Chief
Administrative Officer of the College subject
to the approval of the Board of Trustees.
|
| Section
3 |
It
is the responsibility of the Board to approve
and adopt current expense and capital outlay
budgets, recommend approved budgets to the
proper agency, make such changes in the budget
as are permissible under the rules and regulations
of the agency involved. |
| Section
4 |
The
Board shall periodically review the fiscal
operations of the College in each and all
budget areas and review all other financial
activity. |
Section
5
|
It
is the duty of the Board to maintain comprehensive
knowledge of the College in order to guide
its overall operation and direction and perform
such other acts as may be necessary or proper
for the exercise of the foregoing specific
powers, including the adoption and enforcement
of all reasonable rules, regulations, and
by-laws for its government. |
| Section
6 |
The
Board of Trustees, or committee thereof, shall
hear appeals as provided by appropriate College
policies. |
| Section
7 |
In
accordance with North Carolina General Statute
14-234, and in order to avoid conflict of
interest, the appearance of conflict of interest,
or the appearance of impropriety, the Board
of Trustees of Southwestern Community College
shall adhere to the College Conflict of Interest
policy contained in the Southwestern Community
College Policies and Procedures Manual. |
ARTICLE
IX
|
ADMINISTRATION
OF SOUTHWESTERN COMMUNITY COLLEGE |
| Section
1 |
The
President shall meet qualifications established
by the State Board of Community Colleges.
He shall be elected by the Board of Trustees
with full authority and responsibility for
the operation of the College under the policies,
rules, and regulations of the Board of Trustees
and the State Board of Community Colleges.
|
| Section
2 |
The
President shall (1) attend and participate,
without vote, in all meetings of the Board
of Trustees except where his absence is expressly
desired, (2) employ, subject to ratification
by the Board, all personnel (3) prepare, for
Board approval, annual current expense and
capital budgets, (4) advise the Board of planning,
construction, and modification needs for physical
facilities, (5) recommend all educational
programs and curriculum changes, (6) appoint
lay advisory committees for particular programs
of the College, (7) make an annual report
to the Board of Trustees on the development
and operation of the College. |
| Section
3 |
Authority
to deal with individual or organized groups
shall be vested in the President who shall
render a decision to such individuals or such
organized groups in the name of the Board
of Trustees. Any individual or organized group
who desires to appeal the President's decision
shall state in writing the nature and purpose
of such appeal and the name of each person
who is to appear as spokesman. The statement
shall be filed with either the President,
Secretary to the Board, or Chairman of the
Board at least ten (10) days in advance of
the meeting at which appearance is desired
in order that it may be included in the agenda
for the meeting. |
| Section
4 |
In
the event of the President's serious disability,
death, resignation, dismissal, or prolonged
absence from this post for any other reason,
the order of succession shall be the Vice
President for Instruction & Student Services
followed by the Vice President for Administrative
Services. He or she shall serve as acting
President until the Board has elected a temporary
or permanent President. |
| ARTICLE
X |
ADOPTION
AND AMENDMENT |
| Section
I |
Amendment
of this Constitution shall be by affirmative
vote of at least eight (8) members of the
Board of Trustees at a regular meeting,
provided that each member has received notice
at least five (5) days prior to the regular
meeting and that each member has received
a copy of the Constitution at least seven
(7) days prior to the regular quarterly
meeting. |
|
| As
Amended: |
| 11/1/79 |
Article
V, Sec.3 - increased to three terms. |
| 2/5/81 |
Change
of months of regular meetings. |
| 10/18/82 |
Statute
115D Section numbers updated. |
| 1/23/86 |
Article |
II |
Section
2 |
mission
and objectives. |
| IV |
Section
2 |
appropriate. |
| VI |
Section
4 |
ten
days to seven days. |
| VII |
Section
2 |
add
immediate past president and change
cannot to should not. |
| Section
6 |
revised. |
| IX |
Section
3 |
power
to authority. |
| Section
4 |
change
order of succession. |
| X |
Section
1 |
adoption
to amendment. |
| 10/23/86 |
V |
Section
3 |
add
special circumstances provision to election. |
| VI |
Section
1 |
change
third Thursday to fourth Monday. |
| 4/27/87 |
VI |
Section
1 |
change
fourth Monday to fourth Tuesday. |
| 1/28/92 |
VII |
Section
2 |
make
up of Executive Committee. |
| 8/8/95 |
VIII |
Section
7 |
addition
of conflict of interest. |
| IV |
Section
4 |
change
order of succession. |
| IX |
Section
4 |
change
name of manual to Southwestern Community
College Policies and Procedures Manual. |
| 10/24/04 |
V |
Section
3 |
Add
additional terms to special circumstances
exemption |
| 7/26/05 |
IX |
Section
4 |
replace
"Dean of Academic Services"
with "Vice President for Instruction
& Student Services"
replace "Dean of Business Services"
with "Vice President for Administrative
Services"
replace "He shall serve . ."
with "He or she shall serve .
. "
|
|
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