Proposed Amendment of 1C SBCCC 300.1 Presidential Selection Process

The State Board of Community Colleges has initiated the rulemaking process to amend 1C SBCCC 300.1 Presidential Selection Process. The proposed amendment would allow the Personnel Committee of the State Board of Community Colleges to consider and assess the candidates submitted by a college’s local board of trustees for a college president vacancy. The proposed amendment is published on the NC Community College System’s website, www.nccommunitycolleges.edu/sbcccode. For your convenience, a copy of the proposed rule, with the changes indicated, is attached to this memorandum. Strikethroughs indicate deletions of existing language and underlines indicate additions of language.

 

Any member of the public has the right to submit written comments on the proposed rule. Please note that any person who submits public comments on behalf of their community college should comply with their college’s local process for submitting comments on a proposed rule. Written comments on the rule must be received by no later than 5:00 p.m. on March 21, 2024. Any member of the public has the right to request a hearing on the proposed rule. Requests for a hearing must be received by no later than 5:00 p.m. on March 6, 2024.

Written comments and requests for hearing shall be directed to the following address: Tawanda Foster Artis, 5001 Mail Service Center, Raleigh, NC 27699-5001 or by email to publiccomments@nccommunitycolleges.edu. Thank you for your attention to this matter.Date: February 20, 2024

Petition for Rulemaking Form 

Title, Chapter, Subchapter, and Rule Number of Rule Proposed to be Adopted, Amended, or Repealed

Amend 1C SBCCC 300.1 Presidential Selection Process

 

Specify whether the SBCC proposes	Adopt	Amend	Repeal
to amend, adopt,	(new rule)	(change existing rule)	(delete entire rule)
or repeal a rule:		X

 

Rationale for proposed adoption, amendment, or repeal:

Allowing the Personnel Committee of the State Board of Community Colleges to vet and approve college president candidates for a college president vacancy will expedite the State Board’s approval process f presidential candidates.

 

Proposed Effective Date of Rule

May 1, 2024

 

               State Board of Community Colleges Code

                 TITLE 1. COMMUNITY COLLEGES

 

                                                                   CHAPTER C.      PERSONNEL

 

                              SUBCHAPTER 300.     EMPLOYMENT / HIRING PRACTICES

 

1C SBCCC 300.1 PRESIDENTIAL SELECTION PROCESS

• Once a college presidential vacancy occurs or is anticipated, the board of trustees shall notify the System President and invite the System President or the System President’s designee to meet with the board of trustees to discuss legal requirements and other procedural matters while also providing technical assistance to the board of trustees as needed.
• In the selection of the college president, the board of trustees shall, at minimum, consider general input from college and community stakeholders on the desired attributes of a college president and evaluate more than one candidate for the position. The State Board may waive this requirement at the request of the board of trustees if the State Board determines it is in the college’s interest to do so.
• The board of trustees shall submit at least one candidate to the System President for review at least ten business days prior to the next regularly scheduled SBCC Personnel Committee meeting or at least ten business days prior to a special called SBCC Personnel Committee meeting.
• While completing the review process, the System President or the System

President’s designee shall confirm that the board of trustees completed a background check to include the following:

• Social security number verification,
• Criminal history check,
• Civil litigation history check,
• Education verification,
• Employment verification, and
• Personal credit history check.
• Upon completion of the review process, the System President shall present the name(s) of candidate(s) to the Personnel Committee of the SBCC for consideration and assessment.
• The State Board delegates authority to its Personnel Committee to consider and assess the candidates submitted by the System President. Following consideration, and assessment assessment, and approval of the candidate(s), the Personnel Committee Chair of the SBCC or the SBCC Chair shall authorize the System President to communicate the Personnel Committee’s or the SBCC’s assessment to the board of trustees.

(g) The board of trustees shall proceed with the final election process and submit the board of trustees’ final election to the SBCC for approval.  The board of trustees shall submit the board’s recommendation in writing to the System President at least five business days prior to the next meeting of the SBCC.

• The SBCC shall act upon the board of trustees’ election at the SBCC’s regularly scheduled meeting following receipt of the local board’s election unless delayed for cause as determined by the SBCC.
• The System Office shall convey in writing to the chairman Chair of the board of trustees the SBCC’s action on the board of trustees’ election. The action of the SBCC is final. 
• Until the SBCC votes to approve the final candidate and communicates its approval to a college, no college shall publicly communicate or publicly confirm or deny the name of the final candidate submitted to the SBCC for approval.
• No college shall execute a contract prior to SBCC action to approve the local board’s presidential election without a provision specifying that the effective date of the contract is subject to the SBCC’s approval of the presidential election.

 

History Note: Authority G.S. 115D-5 and 115D-20

Eff.      October 1, 2018.

                                Amended Eff.  __________; February 1, 2020