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HomeMy WebLinkAboutAgenda - 03-18-2014 - 6cORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 18, 2014 Action Agenda Item No. 6 -c SUBJECT: Local Bill to Amend the Method of Appointing Members of the Durham Technical Community College Board of Trustees DEPARTMENT: County Attorney ATTACHMENT(S): Draft Local Bill PUBLIC HEARING: (Y /N) No INFORMATION CONTACT: John Roberts, 245 -2318 1 PURPOSE: To approve the submitting of a local bill amending the language in North Carolina General Statute (NCGS) 115D- 12(a). BACKGROUND: For a number of years, the Board of County Commissioners (the "Board ") appointed a member of the Board to serve on the Durham Technical Community College Board of Trustees (the "Board of Trustees "). Both Orange County and Durham County are statutorily authorized to appoint a county commissioner to serve on the Board of Trustees. However, NCGS 115D -12(a) limits the total number of county commissioners, regardless of the service area or campus situs, to one. In prior years the Durham County Board of County Commissioners (the "Durham Board ") has not elected to appoint a commissioner to the Board of Trustees thereby guaranteeing Orange County that statutory right. In 2013 the Durham Board determined that it would prefer to exercise its right to appoint a county commissioner to serve on the Board of Trustees. However, at that time an Orange County Commissioner had already been appointed and was serving a multi -year term. The amendment of a single sentence in NCGS 115D -12(a) would authorize each county's Board of Commissioners to appoint a county commissioner to serve on the Board of Trustees. A similar amendment was accomplished last year for the Ashville Buncombe Community College. The amendment language has been discussed and agreed to by the attorneys for Durham Tech and both counties. FINANCIAL IMPACT: There is no financial impact. RECOMMENDATION(S): The Manager recommends the Board approve the attached draft local bill and authorize the County Attorney to submit the bill to Orange County's legislative delegation. GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2013 HOUSE BILL AN ACT AUTHORIZING TWO COUNTY COMMISSIONERS TO SERVE ON THE BOARD OF DURHAM TECHNICAL COMMUNITY COLLEGE. The General Assembly of North Carolina enacts: SECTION 1. G.S. 115D -12(a) reads as rewritten: "(a) Each community college established or operated pursuant to this Chapter shall be governed by a board of trustees consisting of 13 members, or of additional members if selected according to the special procedure prescribed by the third paragraph of this subsection, who shall be selected by the following agencies. No member of the General Assembly may be appointed to a local board of trustees for a community college. Group One — four trustees, elected by the board of education of the public school administrative unit located in the administrative area of the institution. If there are two or more public school administrative units, whether city or county units, or both, located within the administrative area, the trustees shall be elected jointly by all of the boards of education of those units, each board having one vote in the election of each trustee, except as provided in G.S. 115D -59. No board of education shall elect a member of the board of education or any person employed by the board of education to serve as a trustee, however, any such person currently serving on a board of trustees shall be permitted to fulfill the unexpired portion of the trustee's current term. Group Two — four trustees, elected by the board of commissioners of the county in which the institution is located. Provided, however, if the administrative area of the institution is composed of two or more counties, the trustees shall be elected jointly by the boards of commissioners of all those counties, each board having one vote in the election of each trustee. Provided, also, the county commissioners of the county in which the community college has established a satellite campus may elect an additional two members if the board of trustees of the community college agrees. No more than one trustee from Group Two may be a member of a board of county -µpr. a iii irj_�— ,21�_int r Should the boards of education or the boards of ______ commissioners involved be unable to agree on one or more trustees the senior resident superior court judge in the superior court district or set of districts as defined in G.S. 7A- 41.1 where the institution is located shall fill the position or positions by appointment. Group Three — four trustees, appointed by the Governor. Group Four — the president of the student government or the chairman of the executive board of the student body of each community college established pursuant to G.S. 115D shall be an ex officio nonvoting member of the board of trustees of each said institution." K SECTION 2. This act applies only to Durham Technical Community College. SECTION 3. This act is effective when it becomes law and applies to appointments made on or after that date. In the General Assembly read three times and ratified this the day of 2014.