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

§ 115D‑20.  Powers andduties of trustees.

The trustees of eachinstitution shall constitute the local administrative board of suchinstitution, with such powers and duties as are provided in this Chapter and asare delegated to it by the State Board of Community Colleges. The powers andduties of trustees shall include the following:

(1)        To elect a presidentor chief administrative officer of the institution for such term and under suchconditions as the trustees may fix, such election to be subject to the approvalof the State Board of Community Colleges.

(2)        To elect or employall other personnel of the institution upon nomination by the president orchief administrative officer, subject to standards established by the StateBoard of Community Colleges. Trustees may delegate the authority of employingsuch other personnel to its president or chief administrative officer.

(3)        To purchase anyland, easement, or right‑of‑way which shall be necessary for theproper operation of the institution, upon approval of the State Board ofCommunity Colleges, and if necessary, to acquire land by condemnation in thesame manner and under the same procedures as provided in General StatutesChapter 40A. For the purpose of condemnation, the determination by the trusteesas to the location and amount of land to be taken and the necessity thereforshall be conclusive.

(4)        To apply thestandards and requirements for admission and graduation of students and otherstandards established by the State Board of Community Colleges. Provided,notwithstanding any law or administrative rule to the contrary, localadministrative boards and local school boards may establish cooperativeprograms in the areas they serve to provide for college courses to be offeredto qualified high school students with college credits to be awarded to thosehigh school students upon the successful completion of the courses. Provided,further, that during the summer quarter, persons less than 16 years old may bepermitted to take noncredit courses on a self‑supporting basis, subjectto rules of the State Board of Community Colleges. Provided, further, that highschool students may be permitted to take noncredit courses in safe driving on aself‑supporting basis during the academic year or the summer.

(5)        To receive andaccept donations, gifts, bequests, and the like from private donors and toapply them or invest any of them and apply the proceeds for purposes and uponthe terms which the donor may prescribe and which are consistent with theprovisions of this Chapter and the regulations of the State Board of CommunityColleges.

(6)        To provide all orpart of the instructional services for the institution by contracting withother public or private organizations or institutions in accordance withregulations and standards adopted by the State Board of Community Colleges.

(7)        To perform suchother acts and do such other things as may be necessary or proper for theexercise of the foregoing specific powers, including the adoption andenforcement of all reasonable rules, regulations, and bylaws for the governmentand operation of the institution under this Chapter and for the discipline ofstudents.

(8)        If a board oftrustees of an institution provides access to its buildings and campus and thestudent information directory to persons or groups which make students aware ofoccupational or educational options, the board of trustees shall provide accesson the same basis to official recruiting representatives of the military forcesof the State and of the United States for the purpose of informing students ofeducational and career opportunities available in the military.

(9)        To encourage theestablishment of private, nonprofit corporations to support the institution.The president, with approval of the board of trustees, may assign employees toassist with the establishment and operation of such corporation and may makeavailable to the corporation office space, equipment, supplies and otherrelated resources; provided, the sole purpose of the corporation is to supportthe institution. The board of directors of each private, nonprofit corporationshall secure and pay for the services of the State Auditor's Office or employ acertified public accountant to conduct an annual audit of the financialaccounts of the corporation. The board of directors shall transmit to the boardof trustees a copy of the annual financial audit report of the privatenonprofit corporation.

(10)      To enter intoguaranteed energy savings contracts pursuant to Part 2 of Article 3B of Chapter143 of the General Statutes.

(10a)    To enter into loanagreements under the Energy Improvement Loan Program pursuant to Part 3 ofArticle 36 of Chapter 143 of the General Statutes.

(11)      To enter into leasepurchase and installment purchase contracts for equipment under G.S. 115D‑58.15.

(12)      Notwithstanding theprovisions of this Chapter, a community college may permit the use of itspersonnel or facilities, in support of or by a private business enterpriselocated on a community college campus or in the service area of a communitycollege 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 mustspecifically 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).

(13)      To enter into apublic/private partnership in which all of the following conditions are met:

a.         The agreement isapproved in advance by the State Board of Community Colleges.

b.         The board oftrustees agrees to lease community college land to a private entity oncondition that the entity construct a facility on the leased land.

c.         The facility will bejointly owned and used by the private entity and the community college.

d.         The board oftrustees is not authorized to lease the facility as lessee under a long‑termlease or capital lease from the private entity as lessor.

e.         The board oftrustees is not authorized to finance its portion of the facility by enteringinto an installment contract or other financing contract with the privateentity.

f.          State bond fundsshall not be used to pay for construction of that part of the facility to beowned and used by the private entity.

g.         The provisions ofG.S. 143‑341(3)a. apply to the construction of a facility under thissubsection.

(14)      To comply with thedesign and construction requirements regarding energy efficiency and water usein the Sustainable Energy‑Efficient Buildings Program under Article 8C ofChapter 143 of the General Statutes.  (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.)