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Comprehensive Standards 3.2.4

The governing board is free from undue influence from political, religious, or other external bodies, and protects the institution from such influence. (Governance and Administration)

compliance

Summary

Cape Fear Community College (CFCC) demonstrates compliance with this Comprehensive Standard by providing evidence that measures are taken to ensure its governing board, the CFCC Board of Trustees, is free from undue influence from external bodies and that the Board has the responsibility to protect the institution from such influence. Board of Trustees’ minutes are provided as documentation of Board member selection and that Board members take an oath of office to perform their duties according to the laws, policies and procedures that govern them.

Narrative

The members of the Cape Fear Community College Board of Trustees are elected or appointed as required by legislation enacted by the North Carolina General Assembly in North Carolina General Statutes (NCGS) Chapter, 115D-12 (Selection of Trustees) in a process that facilitates the formation of a diverse and unbiased body designed to avoid undue influence from any political, religious, or other external body. Additionally, there are set term limits for Board members for the purpose of reducing the risks of undue influence (CFCC Board of Trustees By-Laws pg 1). Furthermore, North Carolina General Statutes, Chapter 115D-14 (NCGS 115D-14) empowers the Board of Trustees for North Carolina community colleges 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 institution in accordance with the provisions and purposes of this Chapter.”

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

New and re-appointed Trustees are required by law (NCGS 115D-19(b)) to attend a trustee orientation and education session sponsored by the North Carolina Association of Community College Trustees in which they are provided training on their roles as Trustees and are given a copy of A Manual for Trustees, which includes the Code of Ethics. The North Carolina Association of Community College Trustees’ Code of Ethics provides that Trustees are not to be influenced by personal bias or political or other outside influence. Additionally, all CFCC Board of Trustee members are sworn into office and are presented with the CFCC Board of Trustees’ Orientation Manual (July 22, 2004 Board Minutes pg 1)

The CFCC Board of Trustees is not controlled by a minority of the Board members or by organizations or interests separate from it. In accordance with CFCC’s Board of Trustees’ By-Laws, a “Quorum for all Board of Trustee meetings shall be a majority of Board members in good standing.” Also, the By-Laws state that “No business shall be transacted without an affirmative vote of at least four (4) members of the Board.”
The Board of Trustees’ meetings are scheduled bi-monthly and are conducted according to the North Carolina open meetings law, North Carolina General Statutes, Chapter 115D-79. The format of the meetings follow an agenda as stipulated in the Board’s By-Laws in Article VI, Section 6. Order of Business (Order of Business pg 9). Minutes for all meetings are recorded and posted on the College’s Intranet.

Neither the President nor any of the members of the Board have inappropriate contractual, employment, or personal/familial financial interest in the institution, which might create a situation of undue influence, pursuant to the North Carolina General Statutes, Chapter 115-26 and General Statutes, Chapter 14-234.

Chapter 115D-26 of the North Carolina General Statutes specifies that "All local trustees and employees covered under this Chapter are subject to the conflict of interest provisions found in [N.C.] G.S. 14-234. (1981, c. 157, s. 5; 1987, c. 564, s. 9; 2001-409, s.5.)" CFCC trustees are made aware of this provision through their Operations Manual (Conflict of Interest pg 9). North Carolina General Statutes, Chapter 14-234 is an expanded conflict of interest statement that applies to all trustees (Public Contracts).

In the past eleven years no instances of undue influence from political, religious, or other external bodies have arisen that would cause the Board to intervene on behalf of the College.

Documentation

Source Location

Selection of Trustees,

North Carolina General Statutes, Chapter 115D-12

ncgs115D_12.pdf

CFCC Board of Trustees By-Laws,
Article I, Section 2 (B): Membership (pg 1)

bot_bylaws.pdf
See bookmarks

NCGS 115D-14,

North Carolina General Statutes, Chapter 115D-14

ncgs115D_14.pdf

List of CFCC Board of Trustees 2005-2006

cfcc_bot_2005_06.pdf

NCGS 115D-19(b),
North Carolina General Statutes, Chapter 115D-19 (b)
ncgs115D_19.pdf
Board Minutes,
CFCC Board of Trustees Minutes
July 22, 2004 (pg 1)
bot_minutes072204.pdf
See bookmarks
Order of Business,
CFCC Board of Trustees By-Laws,
Article VI, Section 6: Order of Business (pg 9)
bot_bylaws.pdf
See bookmarks

Conflict of Interest,
CFCC Board of Trustees Operations Manual,
Article II, 115D-26 (pg 9)

bot_oper_manual.pdf
See bookmarks
Public Contracts,
North Carolina General Statutes, Chapter 14-234
ncgs14_234.pdf

 

 

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