Montgomery County Community College

Board Operations

Board of Trustees Policy

Article I - General

The Board of Trustees of Montgomery County Community College is the institution's legal governing body.

The Board derives its authority from the Community College Act of 1963, Act 484 P. L. 1132, its amendments and supplements and shall be operated in accordance with the requirements of that Act, and such other rules, regulations and standards as may, from time to time be promulgated pursuant thereto by the Department of Education of the Commonwealth of Pennsylvania and by the Board of Trustees.

Article II. - Principal Office

The principal office of the Montgomery County Community College shall be 340 DeKalb Pike, Blue Bell, Whitpain Township, Montgomery County, Pennsylvania, or at such other place as designated, from time to time, by the Board of Trustees.

Article III. - Board of Trustees

Membership - The Board of Trustees shall consist of fifteen (15) members appointed by the Board of Commissioners of Montgomery County.

Quorum - Except as otherwise provided by law, a quorum at all meetings of the Board of Trustees shall consist of a majority of the Board of Trustees.

A quorum for action at an Executive Committee meeting shall consist of a majority of the five (5) elected officers and the immediate past Chairperson of the Board of Trustees.

Annual Meeting - The annual meeting of the Board of Trustees shall be held at the principal office or at such other place as designated by the Board of Trustees in the County of Montgomery, Commonwealth of Pennsylvania, which designation shall be submitted to the Trustees with a notice of meeting. The annual meeting shall be held on the regular meeting date in January of each year. If said day is a legal holiday, the annual meeting shall be held on the next succeeding day not a legal holiday.

Regular Meetings - The regular meetings of the Board of Trustees shall be held once each month at a date, time, and place to be announced by the chairperson or by action of the board with sufficient notice being sent to all members of the Board of Trustees. All meetings shall be held at the principal office of the Board of Trustees unless notice of such change of meeting place shall be given to all members prior to the meeting.

Special Meetings - If the chairperson of the Board of Trustees shall receive a request in writing signed by three (3) members of the Board of Trustees that he/she call a special meeting for the purposes specified in the request, or if the chairperson shall receive a request from the president of the college in which the chairperson concurs, the chairperson shall call a special meeting of the Board of Trustees by causing notification of the time, purposes, and place within one week upon receipt of said written request to be given to each member of the Board of Trustees either by telephone or written notice.

Article IV. - Officers

Number - The officers shall consist of a chairperson of the board, a vice chairperson, a secretary, a treasurer, and an assistant secretary.

Administrative Officers - The Board of Trustees may elect such administrative officers, as the Board of Trustees may from time to time deem necessary and expedient to carry out the purposes of the board.

Similar Officers - No person shall hold the office of chairperson, vice chairperson, treasurer, secretary, and/or assistant secretary simultaneously.

Term of Office - The principal officers shall be chosen annually by the Board of Trustees at the annual meeting, at which time the Board of Trustees shall choose from among its members a chairperson, vice chairperson, secretary, treasurer, and assistant secretary. Administrative officers may be elected from time to time. Each officer shall serve until such time, as his /her successor shall have been chosen and qualified or until his/her death, resignation, or removal.

Vacancies - Any vacancy in any office shall be filled by election for the unexpired portion of the elective term at the next regular meeting of the Board of Trustees following the creation of the vacancy. Any vacancy in the Board of Trustees for any cause shall be filled by the appointing authority for the unexpired term.

Article V. - Compensation of Trustees

The Trustees shall serve without compensation. They shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties.

The Board of Trustees shall include in its budget an expense account for the trustees for actual and necessary expenses to be incurred in the performance of their respective duties for the year.

Article VI. - Chairperson

1. The chairperson of the Board of Trustees shall preside at all meetings of the trustees at which he/she is in attendance.
2. The chairperson of the Board of Trustees shall be authorized to call special meetings as herein provided.
3. The chairperson of the Board of Trustees shall possess the power to sign all certificates, contracts and other instruments of Montgomery County Community College, which have been authorized by the Board of Trustees.
4. The chairperson of the Board of Trustees shall be authorized to execute the required certificates, diplomas, or degrees that may be granted to students who complete the education courses in the Montgomery County Community College.
5. The chairperson of the Board of Trustees shall make reports to the Board of Trustees and shall perform other duties as are incident to his/her office and as are properly required of him/her by the trustees.

Article VII. - Vice Chairperson

1. The vice chairperson in the absence of the chairperson shall preside at all meetings of the trustees.
2. The vice chairperson shall, upon the death, absence, resignation, disability, or disqualification of the chairperson, perform the duties of the chairperson until the chairperson shall resume his/her office or his/her successor shall have been elected as herein provided.
3. During the absence or disability of the chairperson, the vice chairperson shall possess the same power of the chairperson to sign all certificates, contracts and other instruments of Montgomery County Community College, which have been authorized by the Board of Trustees.
4. The vice chairperson shall have such other duties as may be assigned to him/her from time to time by the Board of Trustees.

Article VIII. - Secretary

1. The secretary shall perform or cause to be performed, all of those duties incident to the office and such other duties as required by the Board of Trustees.
2. The secretary shall keep all of the records and minutes of the Board of Trustees.
3. The secretary shall cause to be filed, indexed and carefully preserved all papers and documents pertaining to the business proceedings of the Board of Trustees.
4. The secretary shall certify to the depository a resolution or resolutions adopted by the Board of Trustees authorizing the signatories to be accepted by the depository on all checks and vouchers for the payment of the expenses of Montgomery County Community College.
5. The secretary shall attest in writing the execution on all deeds, contracts, reports, certificates and other instruments that are to be executed by the Board of Trustees.
6. The secretary shall be the custodian of the official seal of Montgomery County Community College and at the expiration of his/her term shall turn over the seal, the records and papers and any other property to his/her successor.

Article IX. - Assistant Secretary

1. The assistant secretary shall, upon the death, absence, resignation, disability, or disqualification of the secretary, perform the duties of the secretary until the secretary shall resume his/her office or his/her successor shall have been elected as herein provided.
2. The assistant secretary shall have such duties as may be assigned to him/her from time to time by the Board of Trustees.

Article X. - Treasurer

1. The treasurer shall perform the duties delegated to him/her by the Board of Trustees, including care and custody of all cash, stocks, bonds, mortgages or other securities or investments belonging to the College and shall perform such other duties as are incident of his/her office and are properly required of him/her by the Board of Trustees. All deposits of the Community College funds shall be made in the name of Montgomery County Community College; and the treasurer shall, at the end of each month, make a written report to the Board of Trustees of the amount of funds received and disbursed by him/her during the month.
2. Bond - The treasurer shall give a surety bond (the cost of which shall be paid by the Board of Trustees) in such amount and with such corporate surety as is approved by the Board of Trustees which bond shall be filed with the Board annually.
3. Audit - The accounts of the treasurer shall be audited annually by a certified public accountant or other qualified public accountant as selected by the Board of Trustees from time to time.

Article XI. - President

1. The president of Montgomery County Community College shall be the chief executive and administrative officer of the College and shall perform all duties, which the Board of Trustees may prescribe. He/she is the officer through whom the Board of Trustees carries out its programs and exercises its policies.
2. Attendance at Trustees' Meetings - The president, with the approval of the chairperson of the board, may attend meetings of the Board of Trustees and may be heard on matters before it, but shall have no right to vote on any matter.
3. General Authority of President - The president shall have general control over Montgomery County Community College. He/she shall require a faithful discharge of duty on the part of faculty members and in case of any neglect or any inefficiencies shall report the same to the Board of Trustees. He/she shall give the faculty members and other staff members support in the enforcement and maintenance of discipline.
4. Election of President - The Board of Trustees shall elect a president who shall hold office for such fixed term as the board may decide at the time of the election.
5. Employment of Personnel - The Board of Trustees (having obtained the advice and recommendation of the president) shall provide for the employment of the necessary officers, faculty, and other professional employees and shall fix their compensation and term of employment. The employment of part-time and non-professional staff, which positions have been authorized by the Board of Trustees, is hereby delegated to the president or such other administrative officer as he/she may designate and shall not require reporting to the Board of Trustees the name of individuals employed to fill such approved positions.

Article XII. - Committees

1. Standing Committees - Standing committees of the board shall be appointed at the regular February board meeting by the chairperson of the Board of Trustees with concurrence of a majority of the Board of Trustees. Standing committees will be responsible for specific College activities as designated from time to time by the chairperson of the Board of Trustees each year. All meetings of standing committees shall be open to all Board members: however, only the members of the standing committees shall vote on committee matters discussed at said meetings. Trustees shall be appointed from the board to the following standing committees:

Finance Committee
Physical Plant Committee
Curriculum (Education) Committee
Development and Long Range Planning Committee
Personnel Committee
Legislative Liaison Committee
Historical and Archives Committee

2. The appointment terms and duties of these committees shall be as hereinafter provided. In all other matters, the Board of Trustees shall act as its own Committee of the whole, except that special ad hoc committees shall be appointed from time to time to conduct such special studies or to acquire such services as the board may require. The ad hoc committees should include, but not be limited to a nominating committee.
3. A nominating committee of four trustees shall be appointed by the chairperson of the board. The Board of Trustees shall approve the Nominating Committee no later than the November Board meeting. Rotation of officers is encouraged. The Nominating Committee shall submit nominations no later than the December Board meeting. Membership on the Nominating Committee shall not disqualify a trustee from nomination or election to any board office.
4. Appointment and Term of Standing Committees - The standing committees shall be appointed by the chairperson by and with the consent of the Board of Trustees, and shall remain as constituted (unless a vacancy shall be caused by death, resignation, disqualification, or inability to act) until the succeeding chairperson shall have constituted the committees. It is suggested at the time for appointment of committees the chairperson consider that one member of the previous committee be retained on the committee for continuity of programs already under way.
5. Filling Vacancies in Standing Committees - In case a vacancy shall occur on any of the standing committees, the chairperson of the Board of Trustees shall appoint another member to serve thereon until the next regular meeting, at which time the confirmation by the Board of Trustees shall be sought. If confirmed, the appointment shall stand until the time for reconstituting standing committees as herein provided.
6. Authority of Standing Committees - The authority of the standing committees of the board shall be subject to the policies of the board and committee recommendations, except as hereinafter provided, are subject to the approval of the board. Where prior approval and instructions have been given by the board, a committee may act in the board's name, but only within the narrow confines of the specific authority granted by the board to the specific committee.
7. Duties of the Executive Committee - The Executive Committee shall consist of the chairperson of the board, who shall serve as chairperson of the committee, the vice chairperson of the board, the secretary, the assistant secretary, the treasurer, and the immediate past chairperson. Four members of the committee shall constitute a quorum for the transaction of business. A chairperson of a committee may be invited to participate in the Executive Committee on a specific matter. It shall be the duty of this committee to execute such orders, resolutions of the board as shall be assigned to it by the board, and it shall act as the advisor to the chairperson on matters relating to board policy. It shall investigate, at the request of the chairperson, any emergency situation that may arise and where necessary make recommendations for board action at any special or regular meeting of the board.
8. At each meeting of the board, the Executive Committee shall report, in writing, all actions taken by it. Those actions shall be ratified and reflected in the regular minutes of the board or in any special meeting minutes of the board.
9. Duties of the Finance Committee - The Finance Committee shall consist of the treasurer and at least three (3) other members appointed from the Board of Trustees. This committee shall have general responsibility for all income, investments, and expenditures of Montgomery County Community College and shall represent the Board of Trustees in dealings with Montgomery County, the Commonwealth of Pennsylvania and the United States Government or any agencies of such governmental units and any other person, corporation or organization in matters relating to income or expenditures. It shall prepare or cause to be prepared for the board's approval an annual budget for operations and capital expenditures. It shall, at least quarterly, report to the board the then current financial status of the College operations related to the approved budget. It shall prescribe a method of accounting to be used by the College, which method shall meet the minimum requirements of the elected auditor for Montgomery County as well as the appropriate State and Federal agencies concerned with the financial activities of Montgomery County Community College. It shall recommend, for the board's approval, policies for investments in real property or securities. It shall negotiate, subject to the board's approval, any necessary loans. The purchase of securities shall be in accordance with the Fiduciary Investment Act of the Commonwealth of Pennsylvania.
10. Duties of the Physical Plant Committee - The Physical Plant Committee shall consist of at least four (4) members. This committee, in consultation with the president of Montgomery County Community College shall plan for all major building construction. The committee will make recommendations of architects and engineers (to be appointed by the Board of Trustees) for the design and supervision of major construction. For smaller projects, the committee will recommend priority ratings and budget plans to the board.
11. Duties of the Curriculum (Education) Committee - The Curriculum Committee shall consist of at least four (4) members. This committee shall render policies and procedures, which facilitate curriculum development, evaluation, and implementation, which ensure students appropriate experience and academic skills and competencies.
12. This committee shall review student affairs' and student activities' policies and procedures.
13. This committee will ensure strong advisory committees for all curricula.
14. Duties of the Development and Long Range Planning Committee - The Development and Long Range Planning Committee shall consist of at least three (3) members. This committee shall maintain and recommend revisions in the stated objectives and philosophy of the College.
15. This committee shall ensure that the College is responsive to meeting the changing needs and interests of county residents and institutions in prospective programs and services.
16. This committee shall oversee the development of strategic operational plans, short and long term as necessary by the College or as required by the State and/or accrediting bodies.
17. Duties of the Personnel Committee - The Personnel Committee shall consist of at least four (4) members. This committee shall ensure that the College maintains a comprehensive program of human resource development, which incorporates appropriate policies for the hiring, retention, development, promotion, and evaluation of all College employees. This committee shall guarantee that the College's personnel policies and practices are in compliance with appropriate state and federal guidelines, e.g. affirmative action and Section 504. This committee shall also review legal and negotiation issues of the College.
18. Duties of the Legislative Liaison Committee - The Legislative Liaison Committee shall consist of at least three (3) members. This committee shall coordinate legislative activities externally; build coalitions and a political base for the College within the county and state.
19. The committee shall maintain appropriate regular contact with local, county, and state legislators and local sponsors. This committee shall ensure appropriate policies regarding legislative action on behalf of the College.
20. The committee shall "monitor" activities of the legislative, e.g., the progress of bills proposed, in committee on the floor, which impact on the state's community colleges.
21. Duties of the Historical and Archives Committee - The Historical and Archives Committee shall consist of at least three (3) members. This committee shall develop a long-term plan for the accumulation of the historical records and artifacts of the College for further development.

Article XIII. - Order of Business

Agenda - The agenda for each meeting of the Board of Trustees shall be prepared by the chairperson of the board in consultation with the president of the College and shall be sent to each member of the Board of Trustees by the secretary in advance of the meeting.

Rules of Order - Roberts Rules of Order, when not in conflict with any of the provisions of these By-Laws, shall be the rules of parliamentary procedure when the board is in session.

Order of Business - The order of business when the board meets in regular session may be as follows:

correction and approval of minutes of the preceding meeting;
report of the treasurer;
items recommended for action including approval of bills and bids;
report of the standing committees;
report of the special ad hoc committees;
report and the recommendations of the president;
report and the recommendations of the chairperson;
unfinished business;
new business; and
miscellaneous business.

The above Order of Business is merely a guideline for the conduct of the business at a board meeting. However, the order of business at meetings shall be as determined from time to time by the board.

Selection of Auditor and Counselor(s) - There shall be placed on the agenda for the June meeting of the Board of Trustees the selection and appointment of the auditor and counselor(s) for the succeeding fiscal year.

Article XIV. - Voting

A majority vote of those present at a meeting (a quorum being present) shall be the act of the meeting; at all elections of officers, the voting shall be by written ballot.

Article XV. - Communications to the Board

Communications to the Board of Trustees from persons not members of the Board of Trustees should, except in the case of the president be in writing.

Notice of the desire by a person not a board member, other than the president, to appear before the board shall be filed with the chairperson of the Board of Trustees or the president of the College as far in advance of the meeting as possible.

The board ordinarily will not consider matters placed in the hands of the president of the College by other than members of the board fewer than seven (7) days in advance of the meeting of the board at which action is desired.

In order to keep the president informed and to enable him to list as completely as possible the business to be attended to by the board, copies or notices of communications to committees or to members of the board shall be sent to the president.

All official communications from staff members to the Board of Trustees and all directives or orders from the Board of Trustees to staff members shall be sent through the president.

Article XVI. - Amendment

Any proposed change in these By-Laws shall be presented in writing stating the proposed change and the reason therefore to the chairperson of the Board of Trustees. The chairperson shall then appoint an ad hoc committee to consider the request. These By-Laws may be added to or amended by a vote of two-thirds (2/3) of all of the trustees present at a regular or special meeting provided that the proposed addition or amendment shall have been filed with the chairperson in writing and a copy thereof mailed to each member in advance of the meeting at which said addition or amendment is to be considered and voted upon.