Collin County Community College
043500

BOARD LEGAL STATUS:
POWERS, DUTIES, RESPONSIBILITIES



BAA
(LEGAL)



RESPONSIBILITIES The Board, being composed of lay members, shall exercise the traditional and time-honored role as it has evolved in the United States and shall constitute the keystone of the governance structure. In this regard, the Board:
  1. Is expected to preserve institutional independence and to defend its right to manage its own affairs through its chosen administrators and employees.
  2. Shall enhance the public image of the College(s) under its governance.
  3. Shall interpret the community to the campus and interpret the campus to the community.
  4. Shall nurture the College(s) under its governance to the end that it achieves its full potential within its role and mission.
  5. Shall insist on clarity of focus and mission of the College(s) under its governance.

Education Code 51.352(a)

EXTENT OF STATE AND LOCAL CONTROL All authority not vested by the laws of the state in the Coordinating Board or in the Central Education Agency shall be reserved and retained locally in the District or in the Board as provided in the laws applicable. Education Code 130.002

The Board shall have specific powers and duties imposed by statutes of the state. The Board has the legal power and duty to:

GOVERN
  1. Be governed in the establishment, management, and control of the District by the general laws governing the establishment, management, and control of independent school districts insofar as the general law is applicable. Education Code 130.084

    Have the exclusive power to govern and oversee the management of the District. Education Code 11.151(b)

PROVIDE DIRECTION
  1. Provide policy direction for the District and adopt such rules, regulations, and bylaws as the Board deems advisable. Education Code 51.352(b), 130.082(d)
ESTABLISH GOALS
  1. Establish goals consistent with the College's role and mission. Education Code 51.352(d)
LEVY TAXES
  1. Levy and collect taxes and issue bonds. Education Code 130.121(a), 130.122(a)
ASSESSING AND COLLECTING
  1. Provide for assessing and collecting of taxes. Education Code 130.121(a)
ANNUAL BUDGET
  1. Adopt a budget for the ensuing fiscal year and file a copy of the annual operating budget and subsequent amendments. Education Code 44.004, 44.005
ANNUAL AUDIT
  1. Have the accounts audited in accordance with the approved financial reporting system. Education Code 61.065
ANNUAL REPORT
  1. Submit the required annual reports to the Governor, Comptroller, State Treasurer, State Auditor, and Legislative Budget Board. Gov't Code 403.013
BEQUESTS AND GIFTS
  1. Receive bequests and donations or other monies or funds coming legally into their hands. Education Code 11.151(a)
ENDOWMENT FUND
  1. Establish an endowment fund outside the state treasury in a depository selected by the Board. Education Code 130.007
DEPOSITORY
  1. Select a depository for District funds. Education Code Ch. 23, Subch. E
ELECTIONS
  1. Order elections as required by law. Education Code 130.082(f), 130.122(b)
EMINENT DOMAIN
  1. Exercise the right of eminent domain to acquire property. Education Code 11.155, 130.084; Atty. Gen. Op. M-700 (1970)
APPOINT PRESIDENT
  1. Appoint the College President, evaluate the President, and assist the President in the achievement of performance goals. Education Code 51.352(d)

    Give public notice of the name or names of the finalists being considered for the position of College President at least 21 days prior to the meeting at which final action or vote is to be taken on the employment of the individual. Gov't Code 552.123

EMPLOY PERSONNEL
  1. Appoint or employ agents, employees, and officials as deemed necessary or advisable to carry out any power, duty, or function of the Board; employ a dean, or other administrative officer; upon the College President's recommendation, employ faculty and other employees of the District. Education Code 130.082(d)
PASSING RESOLUTIONS OR ORDERS
  1. Proceed by and through resolutions or orders adopted or passed by the Board. The affirmative vote of a majority of all Board members shall be required to adopt or pass a resolution or order. Education Code 130.082(d)
RENTALS, RATES, AND CHARGES
  1. Be authorized to fix and collect rentals, rates, charges, or fees from students and others for the occupancy, use, or availability of all or any of its property, buildings, structures, activities, operations, or facilities, in such amounts and in such manner as may be determined by the Board. Education Code 130.123(c)
HOLD PROPERTY
  1. May acquire and hold real and personal property. Education Code 11.151(a); Local Gov't Code 271.004
TITLE TO PROPERTY
  1. Hold all rights and titles to the school property of the District, whether real or personal. Education Code 11.151(d)
LEASE PERSONAL PROPERTY
  1. Execute, perform, and make payments under contracts, which may include leases, lease with option(s) to purchase, or installment purchase, with any person for the use, acquisition, or purchase of any personal property, or the financing thereof. The contracts shall be on terms and conditions that are deemed appropriate by the Board in accordance with state law. Local Gov't Code 271.005
REAL ESTATE BROKER
  1. Employ, retain, contract with, or compensate a licensed real estate broker or salesperson for assistance in the acquisition or sale of real property. Education Code 11.154(c)
SUE
  1. Sue and be sued. Education Code 11.151(a)
COMMUNICATE WITH COORDINATING BOARD
  1. Ensure that its formal position on matters of importance to the College is made clear to the Coordinating Board when such matters are under consideration by the Coordinating Board. Education Code 51.352(d)
  2. Set campus admission standards consistent with the role and mission of the College and considering admission standards nationwide having a similar role and mission, as determined by the Coordinating Board. Education Code 51.352(d)



DATE ISSUED: 02/05/1996
UPDATE 11
BAA(LEGAL)-PJC


This online presentation of your college district's policy concerning the stated subject material is an electronic representation of TASB's record of the college district's currently adopted policy manual. It does not reflect updating activities in progess nor is it a legally binding document. Please contact the office of the President or Chancellor for the official, legally binding generation of this and the other policies that pertain to your college district.