Expectations of Trustees and Removal

This policy sets forth the duties and expectations of members of the Board of Trustees as well as the process for removal of a Board member. Board members are expected to perform essential functions for the College as described in the General Statutes, the Board of Trustees’ By-Laws, and College policy. Board members should perform these duties faithfully upholding the integrity of the office while avoiding impropriety or the appearance of impropriety.

Board members shall uphold the following standards of conduct when carrying out their official duties:

1. Adequately prepare for and attend Board of Trustee meetings and its respective committees.
2. Render all decisions based on the available facts and appropriately seek out information from the College President, when necessary, in order to carry out the duties of the Board when making decisions and monitoring the affairs of the College.
3. Maintain the confidentiality of information that is made private under the law and do not disclose matters discussed in closed session.
4. Avoid conflicts of interest, as defined in law and College Policy 3.4.1, and avoid the appearance of conflicts of interest. When a conflict or potential conflict arises, the member should bring the matter to the attention of the Chair
5. Serving on and contributing to the work of Board and College committees when assigned.
6. Understand that the Board of Trustees' authority arises out of official actions taken by the Board in a called meeting. Members may not obligate the College to any contract, promise, or other liability and should refrain from acting individually on behalf of the College or Board of Trustees unless authorized to do so.
7. Adhere to North Carolina open meeting and public records laws.
8. Participate in a College-approved trustee orientation as well as the mandated State ethics training.
9. Adhere to the applicable provisions of the State Ethics Act.

Removal of a Board of Trustee Member

A. In accordance with N.C.G.S. §115D-19, the Board of Trustees may declare vacant the office of a member of the Board who:

1. does not attend three consecutively scheduled meetings of the Board without justifiable excuse; or
2. does not, within six months of appointment, participate in a trustee orientation and education session sponsored by the North Carolina Association of Community College Trustees or other organization approved by the Board.

Prior to declaring the office of a member vacant for the reasons above, the Board shall give the member an opportunity to provide information on why the member has failed to meet either requirement.

B. Upon notification from the State Board of Community Colleges that sufficient evidence exists that a member of the Board of Trustees is not discharging the duties of the office or is guilty of immoral or disreputable conduct, the Board shall meet to investigate the allegations provided by the State Board. The Board may request assistance from the Board’s attorney or another professional to investigate the matter. The member in question shall be provided proper notice of any hearing in which the Board intends to consider the allegations and the member shall be given the opportunity to address the Board regarding the allegations. The hearing shall take place in open session and any decision by the Board shall be recorded in the minutes and made in open session. If the charges against the member are found to be true by a two-thirds vote of the members of the Board, the Board shall declare the office vacant.

The Board of Trustees may initiate its own investigation into a member’s actions upon receipt of sufficient information the member is not discharging the duties required of the office or is guilty of immoral or disreputable conduct. Any hearing on the matter shall be conducted in accordance with this section.

C. The Chair shall notify the appointing agency of any vacancy on the Board.

Policy Number: 01.08

Adopted: January 24, 2023

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