Community College Local Board of Trustees Appointment Process and Guidance

Pursuant to Session Law 2023-134 enacted by the North Carolina General Assembly, the process for appointing members to the local boards of trustees for North Carolina Community Colleges has been updated. This memo outlines the revised procedures and provides guidance to ensure consistency, compliance with the new legislation, and a clear understanding of the roles and responsibilities of appointing authorities moving forward.

Governing Authority

The governing law for a local board of trustees is established in N.C. Gen. Stat. §115D-12. The most recent changes to board of trustees’ criteria are ratified in SL 2023-134.

Board of Trustees Composition

The Board of Trustees will be composed of the following:

• Eight (8) members appointed by the General Assembly
• Four (4) members elected by the board of commissioners in the county which the college’s main campus is located. One (1) election may be the county commissioner.
  • Two (2) additional trustees may be elected by each board of commissioners of any other county in the administrative area that provides plant funds to the college. One (1) election may be the county commissioner.
• The president of the student government or the chair of the executive board of the student body of each community college may be an ex officio nonvoting member, if the board agrees.

**The General Assembly has established different local board of commissioner appointing structures for the following colleges: Mayland Community College, South Piedmont Community College, and Vance-Granville Community College. Please contact the Government Relations Office at the System Office for further details.

Appointment Process

The local school board and Governor will no longer make board of trustees’ appointments after their respective appointees roll-off or term expires.

All current Board of Trustees members will retain their position for the remainder of their term. As positions are vacated or terms expire, the trustees will be appointed or elected in accordance with the process below.

Appointments Made Upon the Expiration of a Trustee’s Term

Colleges are not required to notify the General Assembly or the System Office of expiring terms for local board of trustee appointments.

The General Assembly will appoint two (2) trustees annually:

• One (1) appointment will be made by the Senate
• One (1) appointment will be made by the House of Representatives

The board of commissioners in the county which the college’s main campus is located will elect four (4) trustees. The board of commissioners may delegate the election of one (1) or more trustees to the local board of education of a local school unit within the administrative area of the college. If the election is delegated, the following conditions apply:

1. The delegation will expire at the end of the term of office of the trustee but may be renewed by the board of commissioners.
2. If a college’s administrative area contains more than one local school administrative unit, the board of commissioners may delegate the election to the boards of education of those units jointly.
3. If the delegated election has not occurred by May 1 of the year in which the election should be made, the board of commissioners will revoke the delegation and elect the trustee(s).

Vacancy of Trustee Position Prior to Term Expiration

 If a local board of trustee position is vacated before the term expires, the Government Relations Office will serve as the point of contact for now and will engage the appropriate legislative chamber to fill the vacant position. The college must notify the System Office’s Vice President of Government Relations, Alex Fagg, at fagga@nccommunitycolleges.edu or Deanna Brunner at brunnerd@nccommunitycolleges.edu of a vacancy. The college may also notify the General Assembly of the vacancy as well after they have notified the Government Relations team at the System Office.

In accordance with N.C. Gen. Stat. §120-122, if a vacancy occurs in a seat appointed by the General Assembly while the legislature is in session, the seat will be filled by the General Assembly. If the vacancy occurs while the General Assembly is not in session, the Governor may appoint a person to serve until the expiration of the term or until the General Assembly fills the vacancy, whichever occurs first.

If a vacancy occurs in a seat that was elected by a local board of county commissioners, the seat will be filled using the process for regular selections. The college should inform their local county board of commissioner of the vacancy to initiate the selection process. The Government Relations team at the System Office may assist or support with the communication regarding filling the vacancy.

If a vacancy occurs in a seat that was elected by a local board of education or appointed by the Governor, the vacancy will be filled as follows:

1. If the vacancy occurs in a term expiring in an odd-numbered year, the House of Representatives will make the appointment.
   1. If the General Assembly is not in a regular or extra session at the time of the vacancy, the Governor must consult with the Speaker of the House of Representatives before making the appointment for the remainder of the term.
2. If the vacancy occurs in a term expiring in an even-numbered year, the Senate will make the appointment.
   1. If the General Assembly is not in a regular or extra session at the time of the vacancy, the Governor must consult with the President Pro Tempore of the Senate before making the appointment for the remainder of the term.
3. After receiving the written recommendation for the appointment to fill the vacancy, the Governor will appoint the person recommended within 30 days and cannot reject the recommendation.

Upon the expiration of the term, the seat will be filled in accordance with the Appointment Process section above.

Applications of Interest

Appendices I and II below are the Senate and House of Representatives’ application of interest for board of trustee’s appointments. All applications must be filled out as instructed and submitted by May 1^st of each year. Additional supportive materials are encouraged to be submitted with the application of interest. The submission of an application of interest does not guarantee appointment into the position. The General Assembly will have the final decision on each of their appointments.

The application process may vary by college based on the General Assembly and each local legislative delegation.

Eligibility Requirements for Trustees

1. No member of the General Assembly can be a trustee of a local board of trustees.
2. All trustees must be residents of the administrative area of the institution where they are selected or of counties contiguous to the administrative area.
3. No person who has been employed full time by the community college within the prior 5 years and no spouse or child of a person currently employed full time by the community college can serve on the board of trustees of that college.

Annual Reporting Requirements

Annually by August 1^st, each Board of Trustees is required to submit the following information to the Legislative Library of the General Assembly:

1. Name and address of each trustee
2. County of residence of each trustee
3. The appointing or electing entity of each trustee
4. If a trustee is filling a vacancy, the name of the trustee being replaced
5. Date each trustee’s term begins
6. Date each trustee’s term ends

Contact Information for General Assembly Appointment Questions and Support

• Senate: 919-301-1733, Malcolm@ncleg.gov
• House: 919-733-5466, Garrison@ncleg.gov
• The System Office Government Relations Team
  • Alex Fagg: Fagga@nccommunitycolleges.edu, 919-621-6718
  • Deanna Brunner: Brunnerd@nccommunitycolleges.edu, 984-302-1823

For the memo in its entirety, see CC25-036 – Community Local Board of Trustees Appointment Process and Guidance