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| Last
updated
3/3/06
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Person
responsible for report: Chuck Reece |
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| 2.2 |
The institution has a governing board of at least five
members that is the legal body with specific authority
over the institution. The board is an active policy-making
body for the institution and is ultimately responsible
for ensuring that the financial resources of the institution
are adequate to provide a sound educational program. The
board is not controlled by a minority of board members
or by organizations or interests separate from it. Neither
the presiding officer of the board nor the majority of
other voting members of the board have contractual, employment,
or personal or familial financial interest in the institution.
A military institution authorized and operated by the
federal government to award degrees has a public board
in which neither the presiding officer nor a majority
of the other members are civilian employees of the military
or active/retired military. The board has broad and significant
influence upon the institution’s programs and operations,
plays an active role in policy-making, and ensures that
the financial resources of the institution are used to
provide a sound educational program. The board is not
controlled by a minority of board members or by organizations
or interests separate from the board except as specified
by the authorizing legislation. Neither the presiding
officer of the board nor the majority of other voting
board members have contractual, employment, or personal
or familial financial interest in the institution. |
| |
 Compliance |
 Partial
Compliance |
Non-Compliance |
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| Narrative: |
The
Board of Trustees of Southwestern Community College governs
the College subject to the rules of the State Board of
Community Colleges. The governing board consists of 14
members as outlined in North Carolina General Statutes
(N.C.G.S.) Chapter 115D-12 Selection of Trustees (1).
Four trustees are elected by the Jackson County Board
of Education, five trustees are elected by the Board of
County Commissioners for Jackson County, four trustees
are appointed by the Governor, and the President of the
Student Leadership Association serves as an ex-officio
nonvoting member (2).
The
board of trustees derives its authority as a corporate
body from the law (3)
and rules of the State Board of Community Colleges (4).
The board of trustees has authority to acquire, hold,
and transfer real and personal property, to enter into
contracts, to institute and defend legal actions and
suits, and to exercise other administrative rights and
privileges. The board of trustees is authorized to do
all things necessary and proper to organize and operate
the college consistent with the law and rules of the
State Board (5).
The board of trustees has the authority to establish
and enforce rules and regulations (6).
The
Board of Trustees is ultimately responsible for ensuring
adequate financial resources (7
& 8). Law
requires the preparation and submission of an annual
budget to the State Board (9).
The board of trustees authorizes the transfer of moneys
from one appropriation to another and amendments to
the budget (10).
The board manages the financial resources of the College.
Minutes of Board of Trustees meeting that describe actions
of the Finance and Campus Improvement Committee provide
an example (11)
of their management of the financial resources of the
College.
All
trustees and employees are subject to the conflict of
interest provisions found in N.C.G.S. Chapter 14-234
-- Public officers or employees benefiting from public
contracts (12
& 13).
In addition, the bylaws of the trustees require adherence
to Policy 4.26 Conflict of Interest (14
and 15).
None
of the board members have contractual, employment, or
personal financial interest in the institution.
Southwestern
Community College is not a military institution.
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Support
Documentation: |
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| |
Source |
Location
/ Special Instructions |
| 1. |
Selection
of Trustees – N.C.G.S. Chapter 115D -12 |
http://www.southwesterncc.edu/sacs/reports/2.2-1.pdf |
| 2. |
Board
of Trustees roster |
http://www.southwesterncc.edu/sacs/reports/2.2-2.pdf |
| 3. |
Board
of Trustees a Body Corporate – N.C.G.S. Chapter
115D – 14 |
http://www.ncga.state.nc.us/EnactedLegislation/
Statutes/HTML/BySection/Chapter_115D/
GS_115D-14.html |
| 4. |
Authority
– N.C.A.C., Title 23, Chapter 01A .0103 |
http://ncrules.state.nc.us/ncadministrativ_/
title23communit_/default.htm |
| 5. |
Powers
and Duties – N.C.G.S. Chapter 115D –
20 |
http://www.ncga.state.nc.us/EnactedLegislation/Statutes
/HTML/BySection/Chapter_115D/GS_115D-20.html |
| 6. |
Authorization
- 23 N.C.A.C., Title 23, Chapter 02C .0101 |
http://www.southwesterncc.edu/sacs/reports/2.2-6.pdf |
| 7. |
SCC
Policies and Procedures Manual, Statement 2.2, Finance
and Campus Improvements Committee |
http://www.southwesterncc.edu/policies/2.2.htm
#campusimprov |
| 8. |
SCC
Policies and Procedures Manual, Statement 2.1, Board
of Trustees Constitution and Bylaws, Sections 3-4. |
http://www.southwesterncc.edu/policies/2.1.htm |
| 9. |
Institutional
Budget – N.C.G.S. Chapter 115D – 54
|
http://www.ncga.state.nc.us/EnactedLegislation/Statutes
/HTML/BySection/Chapter_115D/GS_115D-54.html |
| 10. |
Amendments
to Budget – N.C.G.S. Chapter 115D –
58 |
hhttp://www.ncga.state.nc.us/EnactedLegislation/Statutes/
HTML/BySection/Chapter_115D/GS_115D-58.html |
| 11. |
Board
Minutes - October 26, 2004 |
http://www.southwesterncc.edu/pres/bd-minutes/
2004-oct26.htm |
| 12. |
Conflict
of Interest – N.C.G.S. Chapter 115D –
26 |
http://www.ncga.state.nc.us/EnactedLegislation/
Statutes/HTML/BySection/Chapter_115D/
GS_115D-26.html |
| 13. |
Public
Contracts – N.C.G.S. Chapter 14 – 234. |
http://www.ncga.state.nc.us/EnactedLegislation/Statutes/
HTML/BySection/Chapter_14/GS_14-234.html |
| 14. |
SCC
Policies and Procedures Manual, Statement 2.1, Board
of Trustees Constitution and Bylaws, Section 7. |
http://www.southwesterncc.edu/policies/2.1.htm |
| 15. |
SCC
Policies and Procedures Manual, Policy 4.26, Conflict
of Interest. |
http://www.southwesterncc.edu/policies/4.26.htm
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