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, personal or familial financial interest in the institution (Governing Board).

Summary

Cape Fear Community College (CFCC) demonstrates compliance with this core requirement. Evidence is provided to show that the institution’s legal governing board of thirteen members, Cape Fear Community College Board of Trustees, serves as a corporate body as established by the North Carolina General Assembly and cited in Chapter 115D-14 of the North Carolina General Statutes.

Narrative

Cape Fear Community College has a governing board that serves as a body corporate as established by an act of the North Carolina General Assembly and cited in Chapter 115D-14 of the North Carolina General Statutes (Body Corporate). According to the General Statutes, the Board of Trustees possesses all the powers of a body corporate for the purposes created by, or that may exist under provisions of, the laws of the State of North Carolina. These purposes include, but are not limited to, the power to enable the Board to acquire, hold, and transfer real and personal property, to enter into contracts, to institute and defend legal actions and suits, and to exercise such other rights and privileges as may be necessary for the management and administration of the local College and for carrying out all the applicable provisions and purposes of Chapter 115D of the North Carolina General Statutes.

There are thirteen members of the Cape Fear Community College Board of Trustees (List of CFCC Board of Trustees 2005-06). Chapter 115D-12 of the North Carolina General Statutes provides the mechanism (Selection of Trustees) for the appointment of Trustees as follows:

• Four trustees appointed by the Governor of North Carolina
• Four trustees elected by the New Hanover County Commissioners
• Four trustees elected by the New Hanover County Board of Education
• President of the CFCC Student Government Association who serves as an ex-officio, non-voting member

The powers and duties of the Cape Fear Community College Board of Trustees are further outlined in the Board of Trustees By-Laws (Powers and Duties of the Board of Trustees pg 6) and Chapter 115D-20 of the North Carolina General Statutes (Powers and Duties of the Board). The CFCC Board of Trustees meet bi-monthly and minutes of the board meetings provide evidence that the board is an active policy-making body for the College and is ultimately responsible for ensuring that the financial resources of the institution are adequate to provide for a sound educational program (January 27, 2005 Board Minutes pg 4 ) (March 24, 2005 Board Minutes pg 4 ) (November 16, 2005 Board Minutes pg 6 ).

The CFCC Board of Trustees is not controlled by a minority of the Board members or by organizations or interests separate from it. Neither the President nor any of the members of the Board of Trustees have contractual, employment, personal or familial financial interest in the institution pursuant to the North Carolina General Statutes Chapter 115-26 (Conflict of Interest) and North Carolina General Statutes Chapter 14-234 (Public Contracts).

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