North Carolina § 115D-20 - Powers and duties of trustees.

§ 115D-20. Powers and duties of trustees.

The trustees of each institution shall constitute the local administrative board of such institution, with such powers and duties as are provided in this Chapter and as are delegated to it by the State Board of Community Colleges. The powers and duties of trustees shall include the following: To elect a president or chief administrative officer of the institution for such term and under such conditions as the trustees may fix. If the board of trustees chooses to use a search consultant to assist with the election process, the board of trustees shall select the search consultant through a competitive request for proposals process. A search consultant selected pursuant to this subdivision who is collecting a fee for the consultant's services shall not be (i) an employee of a State agency, department, or institution, an appointed member of a State commission or board, or an elected official whose responsibilities include oversight or budgetary aspects of the Community College System, (ii) a lobbyist or lobbyist principal as defined in G.S. 120C-100, or (iii) a State-level community college board of trustees association or organization. A contract with a search consultant pursuant to this subdivision shall not be subject to Article 3C of Chapter 143 of the General Statutes. The election of a president or chief administrative officer shall be subject to the approval of the State Board of Community Colleges. To elect or employ all other personnel of the institution upon nomination by the president or chief administrative officer, subject to standards established by the State Board of Community Colleges. Trustees may delegate the authority of employing such other personnel to its president or chief administrative officer. To purchase any land, easement, or right-of-way which shall be necessary for the proper operation of the institution, upon approval of the State Board of Community Colleges, and if necessary, to acquire land by condemnation in the same manner and under the same procedures as provided in General Statutes Chapter 40A. For the purpose of condemnation, the determination by the trustees as to the location and amount of land to be taken and the necessity therefor shall be conclusive. To apply the standards and requirements for admission and graduation of students and other standards established by the State Board of Community Colleges. Notwithstanding any law or administrative rule to the contrary, local community colleges are permitted to offer the following programs: Subject to the approval of the State Board of Community Colleges, local community colleges may collaborate with local school administrative units to offer courses through the following programs: Cooperative innovative high school programs as provided by Part 9 of Article 16 of Chapter 115C of the General Statutes. Academic transition pathways for qualified junior and senior high school students that lead to a career technical education certificate, diploma, or State or industry-recognized credential and academic transition pathways for qualified freshmen and sophomore high school students that lead to a career technical education certificate or diploma in (i) industrial and engineering technologies, (ii) agriculture and natural resources, (iii) transportation technology, (iv) construction, or (v) business technologies. College transfer pathways requiring the successful completion of 30 semester credit hours of transfer courses, including English and mathematics, for the following students: Qualified junior and senior high school students. Qualified freshman and sophomore high school students, if all of the following requirements are met: During the summer quarter, persons less than 16 years old may be permitted to take noncredit courses on a self-supporting basis, subject to rules of the State Board of Community Colleges. High school students may be permitted to take noncredit courses in safe driving on a self-supporting basis during the academic year or the summer. High school students 16 years and older may be permitted to take noncredit courses, except adult basic skills, subject to rules promulgated by the State Board of Community Colleges. To receive and accept donations, gifts, devises, and the like from private donors and to apply them or invest any of them and apply the proceeds for purposes and upon the terms which the donor may prescribe and which are consistent with the provisions of this Chapter and the regulations of the State Board of Community Colleges. To provide all or part of the instructional services for the institution by contracting with other public or private organizations or institutions in accordance with regulations and standards adopted by the State Board of Community Colleges. To perform such other acts and do such other things 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 bylaws for the government and operation of the institution under this Chapter and for the discipline of students. If a board of trustees of an institution provides access to its buildings and campus and the student information directory to persons or groups which make students aware of occupational or educational options, the board of trustees shall provide access on the same basis to official recruiting representatives of the military forces of the State and of the United States for the purpose of informing students of educational and career opportunities available in the military. To encourage the establishment of private, nonprofit corporations to support the institution. The president, with approval of the board of trustees, may assign employees to assist with the establishment and operation of such corporation and may make available to the corporation office space, equipment, supplies and other related resources; provided, the sole purpose of the corporation is to support the institution. The board of directors of each private, nonprofit corporation shall secure and pay for the services of the State Auditor's Office or employ a certified public accountant to conduct an annual audit of the financial accounts of the corporation. The board of directors shall transmit to the board of trustees a copy of the annual financial audit report of the private nonprofit corporation. To enter into guaranteed energy savings contracts pursuant to Part 2 of Article 3B of Chapter 143 of the General Statutes. To enter into loan agreements under the Energy Improvement Loan Program pursuant to Part 3 of Article 36 of Chapter 143 of the General Statutes. To enter into lease purchase and installment purchase contracts for equipment and real property under G.S. 115D-58.15. Notwithstanding the provisions of this Chapter, a community college may permit the use of its personnel or facilities, in support of or by a private business enterprise located on a community college campus or in the service area of a community college for the specific purposes set out in G.S. 66-58(c)(3a) and G.S. 66-58(c)(3d). The board of trustees of a community college must specifically approve any use of facilities or personnel under this subdivision. The State Board shall adopt rules to implement this subdivision, G.S. 66-58(c)(3a), and G.S. 66-58(c)(3d). To enter into a public/private partnership in which all of the following conditions are met: The agreement is approved in advance by the State Board of Community Colleges. The board of trustees agrees to lease community college land to a private entity on condition that the entity construct a facility on the leased land. The facility will be jointly owned and used by the private entity and the community college. The board of trustees is not authorized to lease the facility as lessee under a long-term lease or capital lease from the private entity as lessor. The board of trustees is not authorized to finance its portion of the facility by entering into an installment contract or other financing contract with the private entity. State bond funds shall not be used to pay for construction of that part of the facility to be owned and used by the private entity. The provisions of G.S. 143-341(3)a. apply to the construction of a facility under this subsection. To comply with the design and construction requirements regarding energy efficiency and water use in the Sustainable Energy-Efficient Buildings Program under Article 8C of Chapter 143 of the General Statutes. The student is determined to be academically gifted, have a demonstrated readiness for the course material, and have the maturity to justify admission to the community college by (i) the community college president, (ii) the student's high school principal or equivalent administrator, and (iii) the academically gifted coordinator, if one is employed by the high school or local school administrative unit. The student participates in academic advising focused on the implications of being admitted to college early with representatives from the high school and the community college. The student's parent or guardian has given consent for the student to participate. History (1963, c. 448, s. 23; 1979, c. 462, s. 2; c. 896, s. 13; 1979, 2nd Sess., c. 1130, s. 1; 1981, c. 901, s. 2; 1983, c. 378, s. 1; c. 596, s. 1; 1985, c. 191; 1987, c. 383, s. 2; 1993 (Reg. Sess., 1994), c. 775, s. 7; 1998-111, s. 1; 2001-368, s. 2; 2003-286, s. 1; 2005-247, s. 2; 2006-259, s. 21; 2007-476, s. 1; 2008-203, s. 2; 2009-119, s. 1; 2011-145, s. 7.1A(h); 2011-284, s. 82; 2011-391, s. 13(c); 2011-419, s. 2; 2013-310, s. 2; 2013-360, s. 10.9(a); 2015-241, s. 10.4; 2017-6, s. 3; 2017-57, ss. 9.7(a), 9.10(b); 2018-146, ss. 3.1(a), (b), 6.1; 2019-185, s. 1.) Local Modification. - Gaston, Greene, and Sampson: 1995, c. 399, s. 3 (repealed effective January 1, 2000 by Session Laws 1999, c. 115, s. 3; see Editor's Note.) Cross References. - As to information and financial assistance for nursing students and inactive nurses, see Article 9B of Chapter 90 , G.S. 90-171.50 et seq. As to report on guaranteed energy savings contracts, see G.S. 143-64.17 G. Re-recodification; Technical and Conforming Changes. - Session Laws 2017-6, s. 3, provides, in part: "The Revisor of Statutes shall recodify Chapter 138A of the General Statutes, Chapter 120C of the General Statutes, as well as Chapter 163 of the General Statutes, as amended by this act, into a new Chapter 163 A of the General Statutes to be entitled 'Elections and Ethics Enforcement Act,' as enacted by Section 4 of this act. The Revisor may also recodify into the new Chapter 163A of the General Statutes other existing statutory laws relating to elections and ethics enforcement that are located elsewhere in the General Statutes as the Revisor deems appropriate." The Revisor was further authorized to make technical and conforming changes to catchlines, internal citations, and other references throughout the General Statutes. Pursuant to this authority, the Revisor substituted "G.S. 163A-250" for "G.S. 120C-100" in subdivision (1). Session Laws 2018-146, ss. 3.1(a), (b), and 6.1, repealed Session Laws 2017-6, s. 3, and authorized the Revisor of Statutes to re-recodify Chapter 163A into Chapters 163, 138A, and 120C and to revert the changes made by the Revisor pursuant to Session Laws 2017-6, s. 3. Pursuant to this authority, the Revisor of Statutes reverted the changes to references in subdivision (1). Editor's Note. - Session Laws 1983, c. 596, which added the first proviso in subdivision (4), provided in s. 2 that any local cooperative program developed under the act is subject to approval by the State Board of Community Colleges. Session Laws 1991 (Reg. Sess., 1992), c. 900, s. 82, effective July 1, 1992, provides: "(a) Community college contracts with local school administrative units shall not be used by these agencies to supplant funding for a public school high school teacher providing courses offered pursuant to G.S. 115D-20(4) who is already employed by the local school administrative unit. However, a community college contracts with a local school administrative unit for a public high school teacher to teach a college level course, the community college shall not generate budget FTE for that course. Its reimbursement in this case shall be limited to the direct instructional costs contained in the contract, plus fifteen percent (15%) for administrative costs. In no event shall a community college contract with a local school administrative unit to provide high school level courses. "(b) The Joint Committee on College Transfer shall review this issue as it relates to community colleges and constituent institutions of The University of North Carolina. This review shall include an assessment of what constitutes college level course work. The Committee shall report the results of this review to the General Assembly and to the Joint Legislative Education Oversight Committee by March 1, 1993. "(c) The State Board of Community Colleges shall study the entire Huskins Bill issue. The Board shall report the results of its study, together with any recommendations, including any legislative proposals, to the General Assembly by March 1, 1993. "(d) This section shall remain in effect until changed by the General Assembly." Session Laws 1999-115, s. 4, provides that s. 3, which repealed local modifications to this section by Session Laws 1995, c. 399, s. 3, becomes effective January 1, 2000, and shall not be construed to alter any agreements entered into before that date. Session Laws 2005-276, s. 8.5, provides: "The General Assembly finds that additional data are needed to determine the adequacy of multicampus and off-campus center funds; therefore, multicampus colleges and colleges with off-campus centers shall report annually, beginning September 1, 2005, to the Community Colleges System Office on all expenditures by line item of funds used to support their multicampuses and off-campus centers. The Community Colleges System Office shall report on these expenditures to the Education Appropriation Subcommittees of the House of Representatives and the Senate, the Office of State Budget and Management, and the Fiscal Research Division by October 1 of each year. "Notwithstanding any other provision of law, funds appropriated to the Community Colleges System Office for multicampus colleges or off-campus centers shall be used only for the administration of the multicampus college or off-campus center for which the funds were allotted. These funds shall not be transferred to any other campus or center, or used for any other purpose." Session Laws 2005-276, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2005'." Session Laws 2005-276, s. 46.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2005-2007 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2005-2007 fiscal biennium." Session Laws 2005-276, s. 46.5, is a severability clause. Session Laws 2008-203, s. 7, provides, in part, that the amendment to this section by s. 2 of the act [which added subdivision (14)] is applicable to every major facility construction project, as defined in G.S. 143-135.36 as enacted in s. 1 of the act, and every major facility renovation project, as defined in G.S. 143-135.36 as enacted in s. 1 of the act, of a public agency, as defined in G.S. 143-135.36 as enacted in s. 1 of the act, that has not entered the schematic design phase prior to August 8, 2008. Session Laws 2011-145, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2011.'" Session Laws 2011-145, s. 32.5, is a severability clause. Session Laws 2012-142, s. 8.7(a)-(c), provides: "(a) Notwithstanding Section 7.1A of S.L. 2011-145 [which amended G.S. 115D-20 ], as amended by Section 13 of S.L. 2011-391, and any other provision of law, the State Board of Education and the State Board of Community Colleges shall approve the Gateway to College program at Durham Technical Community College as a Career and College pathway pilot program. This program concurrently provides high school and college education to high school students who have previously dropped out. "(b) The State Board of Community Colleges shall include curriculum coursework, including developmental course work, associated with this program when computing the budget FTE for Durham Technical Community College in the 2012-2013 fiscal year. "(c) Durham Technical Community College shall report to the Education Appropriation Subcommittees of the House of Representatives and the Senate by March 1, 2013, on student outcomes under the program and on the actual cost of the program, including administrative expenses incurred by Durham Public Schools and Durham Technical Community College." Session Laws 2012-142, s. 1.2, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2012.'" Session Laws 2012-142, s. 27.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2012-2013 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2012-2013 fiscal year." Session Laws 2012-142, s. 27.7, is a severability clause. Session Laws 2017-57, s. 9.7(b), made the rewriting of subdivision (1) by Session Laws 2017-57, s. 9.7(a), applicable to consultant contracts entered into on or after June 28, 2017. Session Laws 2017-57, s. 9.10(d), made the substitution of "certificate, diploma, or State or industry-recognized credential" for "certificate or diploma" in sub-sub-subdivision (4)a.2. of this section by Session Laws 2017-57, s. 9.10(b), applicable beginning with the 2017-2018 academic year. Session Laws 2017-57, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2017.'" Session Laws 2017-57, s. 39.6, is a severability clause. Session Laws 2019-185, s. 3, made the amendment of this section by Session Laws 2019-185, s. 1, effective August 1, 2019, and applicable beginning with the 2019-2020 school year. Effect of Amendments. - Session Laws 2005-247, s. 2, effective August 4, 2005, in subdivision (12), in the first sentence, substituted "purposes set out in G.S. 66-58(c) (3a) and G.S. 66-58(c) (3d)" for "services in support of economic development that are set out in G.S. 66-58(c)(3a)"; and in the last sentence, substituted "this subdivision, G.S. 66-58(c)(3a), and G.S. 66-58(c)(3d)" for "the provisions of this subdivision and G.S. 66-58(c)(3a)." Session Laws 2006-259, s. 21, effective August 23, 2006, inserted "and" following "State Board of Community Colleges" in the middle of the first sentence. Session Laws 2007-476, s. 1, effective August 29, 2007, added subdivision (10a). Session Laws 2008-203, s. 2, effective August 8, 2008, added subdivision (14). See Editor's note for applicability. Session Laws 2009-119, s. 1, effective June 19, 2009, added the last sentence in subdivision (4). Session Laws 2011-145, s. 7.1A(h), as amended by Session Laws 2011-391, s. 13, effective January 1, 2012, rewrote subdivision (4). Session Laws 2011-284, s. 82, effective June 24, 2011, substituted "devises" for "bequests" in subdivision (5). Session Laws 2011-419, s. 2, effective December 8, 2011, added sub-subdivision (4)d. Session Laws 2013-310, s. 2, effective July 18, 2013, inserted "and real property" in subdivision (11). Session Laws 2013-360, s. 10.9(a), effective July 1, 2013, added "and academic transition pathways for qualified freshmen and sophomore high school students that lead to a career technical education certificate or diploma in industrial and engineering technologies" at the end of subdivision (4)a.2. Session Laws 2015-241, s. 10.4, effective July 1, 2015, in subdivision (4)a.2., inserted "(i)," inserted "(ii) agriculture and natural resources, or (iii) transportation technology" and made punctuation changes. Session Laws 2017-57, s. 9.7(a), effective July 1, 2017, rewrote subdivision (1). For applicability, see editor's note Session Laws 2017-57, s. 9.10(b), effective July 1, 2017, substituted "certificate, diploma, or State or industry-recognized credential" for "certificate or diploma" in sub-sub-subdivision (4)a.2. For applicability, see editor's note. Session Laws 2019-185, s. 1, deleted "or" preceding "(iii)", substituted "technology, (iv) construction, or (v) business technologies" for "technology" in subdivision (4)a.2.; substituted "pathways" for "certificates" and inserted "the following students in subdivision (4)a.3.; added subdivision (4)a.3.II.; and made stylistic changes. For effective date and applicability, see editor's note.