North Carolina § 115D-19 - Removal of trustees.

§ 115D-19. Removal of trustees.

Should the State Board of Community Colleges have sufficient evidence that any member of the board of trustees of an institution is not capable of discharging, or is not discharging, the duties of his office as required by law or lawful regulation, or is guilty of immoral or disreputable conduct, the State Board shall notify the chairman of such board of trustees, unless the chairman is the offending member, in which case the other members of the board shall be notified. Upon receipt of such notice there shall be a meeting of the board of trustees 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 of trustees. 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. A board of trustees may declare vacant the office of a member who does not attend three consecutive, scheduled meetings without justifiable excuse. A board of trustees may also declare vacant the office of a member who, without justifiable excuse, does not participate within six months of appointment in a trustee orientation and education session sponsored by the North Carolina Association of Community College Trustees. The board of trustees shall notify the appropriate appointing authority of any vacancy. Nothing in this section shall be construed to limit the authority of a board of trustees to hold a hearing as provided herein upon evidence known or presented to it. History (1963, c. 448, s. 23; 1979, c. 462, s. 2; c. 896, s. 13; 1979, 2nd Sess., c. 1130, s. 1; 1989, c. 521, s. 2; 1995, c. 470, s. 2.) Opinions of Attorney General Under this section, the board of trustees of a community college has the power to remove one of its members. See opinion of Attorney General to Mr. N. Jerry Owens, Jr., Secretary, Board of Trustees of Rockingham Community College, 55 N.C.A.G. 52 (1985). Repeated Absences as Ground for Removal. - Repeated absences from meetings, at some point, constitutes neglect of duty sufficient to permit a board of trustees to remove a board member for failure to discharge his duties. See opinion of Attorney General to Mr. N. Jerry Owens, Jr., Secretary, Board of Trustees of Rockingham Community College, 55 N.C.A.G. 52 (1985).