§ 115D-2.1. State Board of Community Colleges.
§ 115D‑2.1. State Boardof Community Colleges.
(a) The State Board ofCommunity Colleges is established.
(b) The State Board ofCommunity Colleges shall consist of 21 members, as follows:
(1) The LieutenantGovernor or the Lieutenant Governor's designee shall be a member ex officio.
(2) The Treasurer ofNorth Carolina or the Treasurer's designee shall be a member ex officio.
(3) The Governor shallappoint to the State Board four members from the State at large and one memberfrom each of the six Trustee Association Regions defined in G.S. 115D‑62.The initial appointments by the Governor shall be made effective July 1, 1980,or as soon as feasible thereafter. In order to establish regularly overlappingterms, the initial appointments by the Governor shall be made so that threeexpire June 30, 1981, three expire June 30, 1983, and four expire June 30,1985. Each subsequent regular appointment by the Governor shall be for a termof six years and until a successor is appointed and qualifies. Any vacancyoccurring among his appointees before the expiration of term shall be filled byappointment of the Governor; the member so appointed shall meet the sameresidential qualification, if any, as the member whom he succeeds and shallserve for the remainder of the unexpired term of that member.
(4) The General Assemblyshall elect eight members of the State Board from the State at large in thefollowing manner:
a. In 1980, the Senateshall elect three members, one of whom shall serve a term expiring June 30,1981, one of whom shall serve a term expiring June 30, 1983, and one of whomshall serve a term expiring June 30, 1985. In 1985, the Senate shall elect twomembers to serve terms expiring June 30, 1991. Each subsequent regular electionby the Senate shall be for a term of six years and until a successor is electedand qualifies.
b. In 1980, the Houseof Representatives shall elect four members, one of whom shall serve a termexpiring June 30, 1981, one of whom shall serve a term expiring June 30, 1983,and two of whom shall serve a term expiring June 30, 1985. In 1985, the Houseof Representatives shall elect two members, to serve terms expiring June 30,1991. Each subsequent regular election by the House of Representatives shall befor a term of six years and until a successor is elected and qualifies.
c. Repealed by SessionLaws 1985, c. 227, s. 5.
d. The initialelections by the two houses of the General Assembly shall be held on or beforeJuly 1, 1980.
e. Any vacancyoccurring among the members elected by the two houses of the General Assemblybefore the expiration of term shall be filled when the General Assembly nextconvenes. The member then elected shall be elected by the same house thatelected the member whom he succeeds, and shall serve for the remainder of theunexpired term of that member.
f. At each session ofthe General Assembly held in an odd‑numbered year, the Speaker of theHouse of Representatives and the President Pro Tempore of the Senate shallassign to either a standing or a special committee of that house the duty ofreceiving from the members of that house nominations of persons to beconsidered by that house for election to the State Board. The chairmen of thetwo committees shall jointly determine a common final date for receivingnominations from members of that house, and a common date for reporting totheir respective houses their nominations for the State Board. Each committeeshall screen the proposed candidates for nomination as to their qualifications,background, lack of statutory disabilities, and willingness and ability toserve if elected. Each Senator and each Representative may nominate only onecandidate. When the nominating process is closed, each committee shall list allcandidates and shall separately vote "aye" or "no" on eachcandidate to determine whether that person shall be listed as a nominee of thecommittee. The verbal vote of a majority of those members of the committeepresent and voting shall constitute one nominee of the committee. An individualcannot be a candidate for nomination to more than one place. If a sufficientnumber of candidates is submitted to each committee, then each committee shallnominate at least two persons for each place to be filled by that chamber,otherwise each committee shall nominate at least one person for each place tobe filled by each of the House of Representatives and the Senate. No person maysimultaneously be a candidate for election by both houses, and if one isnominated in both houses, he shall determine by which house he shall be nominatedand so advise the chairman of both committees. The two houses shall, by jointresolution, fix a common date and time for the election of members of the StateBoard. At the election session in each house, the committee shall report itslist of nominees with the term of office indicated for each nominee. The ballotin the House of Representatives shall also include the names of all otherpersons nominated by a member of that house who are determined by the committeeto be qualified for the offices, with the committee's list of nominees beingclearly set out on the ballot. No additional nominations shall be received fromthe floor. Each house shall then proceed to an election of the State Board. Inorder to be chosen, a nominee shall receive the votes of a majority of allmembers present and voting.
Wheneach house has chosen one person for each place to be filled on the StateBoard, the chairman of the committee shall make a motion for the simultaneouselection of those persons by that house to the indicated positions and for theindicated terms. The vote shall then be called electronically. If a majority ofthose voting shall vote "aye," persons named in the motion shall bedeclared to have been elected. Each house may adopt rules consistent with this sectionwith respect to the election by that house of members of the State Board.
(5) The person servingas president of the North Carolina Comprehensive Community College StudentGovernment Association shall be an ex officio member of the State Board. If thepresident of the Association is unable for any reason to serve as the studentmember of the State Board, then pursuant to the constitution of theAssociation, the vice‑president of the Association shall serve as thestudent member of the State Board. Any person serving as the student member ofthe State Board must be a student in good standing at a North Carolinacommunity college. The student member of the State Board shall have all therights and privileges of membership, except that the student member shall nothave a vote.
(b1) Upon receipt of areferral from the State Ethics Commission in accordance with G.S. 138A‑12(k)concerning a member of the State Board of Community Colleges, the principalclerk of the house of the General Assembly receiving the referral shallimmediately refer the matter to the appropriate education committee of thathouse. That committee may recommend to that house a resolution providing forthe removal of the Board member. If the committee's proposed resolution isadopted by a majority of the members present and voting of that house, thepublic servant shall be removed and the seat previously held by that Boardmember becomes vacant.
(c) No person may beappointed or elected to more than two consecutive terms of six years on theState Board.
(d) No member of theGeneral Assembly, no officer or employee of the State, and no officer oremployee of an institution under the jurisdiction of the State Board shall beeligible to serve on the State Board. No spouse of a member of the GeneralAssembly or of an officer or employee of the Community College System or of aninstitution under the jurisdiction of the State Board shall be eligible toserve on the State Board. No person who within the prior five years has been anemployee of the Community Colleges System Office shall be eligible to serve onthe State Board.
(e) The Governor shallconvene the membership of the State Board on July 1, 1980, or as soon asfeasible thereafter. The State Board at that meeting shall elect from its appointedor elected membership a chairman and such other officers as it may deemnecessary.
(f) At its firstmeeting after July 1, 1981, and every two years thereafter, the State Boardshall elect from its membership a chairman and such other officers as it maydeem necessary.
(g) The State Board ofCommunity Colleges shall meet at stated times established by the State Board,but not less frequently than 10 times a year. The State Board of CommunityColleges shall also meet with the State Board of Education and the Board ofGovernors of The University of North Carolina at least once a year to discusseducational matters of mutual interest and to recommend to the General Assemblysuch policies as are appropriate to encourage the improvement of publiceducation at every level in this State; these joint meetings shall be hosted bythe three Boards according to the schedule set out in G.S. 115C‑11(b1).Special meetings of the State Board may be set at any regular meeting or may becalled by the chairman. A majority of the qualified members of the State Boardshall constitute a quorum for the transaction of business.
(h) Whenever anyvacancy shall occur in the appointed membership of the State Board, thechairman shall inform the appropriate appointing authority of the vacancy.
(i) The State Board ofCommunity Colleges may declare vacant the office of an appointed or electedmember who does not attend three consecutive scheduled meetings withoutjustifiable excuse. The chairman of the State Board shall notify the appropriateappointing or electing authority of any vacancy. (1979, c. 896, s. 2; 1979,2nd Sess., c. 1130, s. 5; 1981, c. 47, s. 8; c. 474; 1983, c. 311; c. 479, ss.1‑3; 1985, c. 227, ss. 1‑5; c. 428; 1987 (Reg. Sess., 1988), c.1102, s. 2; 1991, c. 83, s. 1; 1993, c. 69, s. 2; 1995, c. 192, s. 1; c. 470,ss. 3, 4; 1997‑456, ss. 18, 19; 1999‑61, ss. 1, 2; 1999‑84,s. 7; 2006‑31, s. 1; 2006‑201, s. 2(c); 2007‑278, s. 3.)