| 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 Administrative Services followed by the
Vice President for Instruction & Student
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 .
. " |
| October
2010 |
IX |
Section
4 |
change
order of succession. |
|
|
