Section 1000 - Board Bylaws & Operations

 

Table of Contents

1000 BOARD BYLAWS & OPERATIONS

1000DEFINITION & AUTHORITY
1005 Definitions
1010 Definition of Bylaws
1050 College Authority - MCL 389.125(d)(f); 423.201 et seq.

1100COLLEGE HISTORY & DIRECTION
1100 College Name - MCL 389.51 - 389.65
1110 College History
1111 College District Nature - MCL 389.105
1120 College Boundaries
1130 Mission Statement
1150 College Strategic Plan
1151 Board of Trustees Goals

1200 BOARD MEMBERSHIP, GOVERNANCE & VACANCIES
1240 Board of Trustees
  • Board Membership and Elections
  • Governance Style
1241 Commitment to Community Access
1244 Vacancies MCL 389.158

1300 BOARD OFFICERS, STANDARDS & PROCEDURES
1310 Board Officers - MCL 389.111(3)
SN: The Board officers are prescribed by statute.
  • Chairperson
  • Vice-Chairperson
  • Secretary
  • Treasurer
1320 Board Officer Duties - MCL 389.113(2)
  • Chairperson
  • Vice-Chairperson
  • Secretary
  • Treasurer
1321 Term of Office - MCL 389.111(3)
1322 Officer Vacancies – Filling
1325 Code of Conduct – Ethics
1326 Transaction of Business
1330 New Member Orientation
1340 Board Member Development Opportunities
1350 Board Compensation - MCL 389.112
1351 Indemnification
1360 Reimbursement of Board Trustee Expenses - MCL 389.112
1361 Conflict of Interest
1365 Non-Discrimination/Harassment
1370 Board Recognitions
1380 Board Remembrances

1400 COMMITTEES
1400 Ad Hoc and Advisory Committees - MCL 389.125(f)
1411 Advisory Committee: Citizens/Lay Committees
1412 Advisory Committee: Multi-Cultural/Minority Affairs Committee
1420 Standing Committees - MCL 389.125(f)
1421 Standing Committee: Finance/Audit Committee
1422 Standing Committee: Personnel Committee
1424 Standing Committee: Board Policy Committee
1440 Committee of the Whole

1500 MEETINGS
1500 Board Meetings
  • Attendance
  • Organizational Meeting – MCL 389.111(4)
  • Regular Meetings – MCL 15.265
  • Adjourned Meeting – MCL 15.265
  • Emergency Meetings
  • Information and Study/Work Sessions
  • Time and Place
  • Public Safety
1510 Closed/Executive Sessions - MCL 15.261 et seq.
1530 Special Meetings - MCL 15.265 - 15.266
  • Notice
  • Business
  • Order of Business
1600 MEETING PROCEDURES
1620 Parliamentary Procedure
  • Rules of Order
  • Rules Suspension
1621 Quorum - MCL 389.113
1630 Agenda
1631 Order of Business
1640 Public Participation - MCL 15.263(5); 15.264
1660 Voting Method - MCL 15.267
  • Roll Call Vote
  • Obligation to Vote
1670 Minutes - MCL 15.269; 389.113(1)

1700 PROFESSIONAL & CONSULTING RELATIONSHIPS
1700 Professional Services
1710 Board Attorney
1730 Institutional Memberships

1800POLICY DEVELOPMENT
1800 Policy Development - MCL 389.125(d)
  • Attorney Involvement
  • Policy Adoption/Revision
  • Policy Publication
  • Policy Review
  • Administration in the Absence of Policy

1900 RECORDS MANAGEMENT
1900 Board Records - MCL 15.231 et seq.
1910 Public Access to Records

TOP

1005 Definitions

General: Whenever the following items are used in these bylaws, they have the meaning set forth below.

The term:

‘Mott Community College,’ ‘Mott College,’ ‘MCC,’ or ‘The College’ refers to Charles Stewart Mott Community College.

‘Trustee,’ ‘Board Member,’ or ‘Member’ refers to an elected or appointed member of the Charles Stewart Mott Community College Board of Trustees. ‘The Board’ refers to the Charles Stewart Mott Community College Board of Trustees as a collective whole.

‘Ad-hoc’ refers to one specific case or purpose (an ad-hoc committee).

‘Agenda’ refers to a formal list of meeting activities in the order in which they are to be considered, beginning with a call to order and ending with an adjournment.

‘Bargaining unit(s)’ refers to subsets of employees organized under the Public Employee Labor Relations Act (PERA).

‘Administrator(s)’ refers to regular College employees whose employment is not covered by a collective bargaining agreement. The College refers to these employees as Exempt employees.

‘Bylaw’ or ‘policy’ refers to a rule of the Board for its own governance as well as the governance of the College.

‘Censure’ refers to a harsh, formal, public criticism usually issued by an authoritative body or board.

‘Closed session’ refers to a meeting that is closed to the public, normally requiring the maintenance of secrecy of matters discussed in the closed session, as covered by the Open Meetings Act.

‘Committee of the Whole’ refers to a meeting of the entire Board when all Board members are generally present or expected to be present.

‘Community College District’ or ‘College District’ means an educational institution possessing all of the powers outlined in the Community College Act of 1966 (MCL 389.105).

‘Conflict of interest’ refers to a situation in which a public official’s decisions may be influenced by the official’s personal interests.

‘Constituent(s)’ refers to citizens or other persons represented by an elected official or an organization.

‘Curriculum’ refers to: (1) the range of courses from which students choose what subject matters to study, and (2) a specific learning program. In the latter case, the curriculum collectively describes the teaching, learning, and assessment materials available for a given course of study.

‘Debt retirement’ refers to the repayment of debt, especially the repayment of bonds for a community college.

‘Degree’ refers to an award conferred by a college or university signifying that the recipient has satisfactorily completed a course of study.

‘Depositories’ refers to institutions licensed to hold funds or marketable securities for safekeeping.

‘Employee(s)’ refers to persons employed by the College.

‘Ethics’ refers to a set of rules based upon moral or legal concepts of right and wrong.

‘Ex-officio’ refers to a position which is held by virtue of holding another position. For example, the College President may sit, ex-officio, on the Foundation’s Board of Directors.

‘Executive Cabinet’ refers to the College’s senior management team, composed of the President, Vice Presidents, and senior managers responsible for finance and human resources.

‘Faculty’ or ‘faculty member(s)’ refers to an employee whose employment is covered by the labor agreement between the College and the MCCEA.

‘Fiduciary’ refers to a legal relationship of confidence or trust between two or more parties. A fiduciary relationship normally requires the highest level of good faith, loyalty and diligence of the fiduciary and a duty that is higher than the common duty of care that is generally owed to others.

‘General Educational Development’ (also referred to as General Equivalency Diploma or General Education Diploma, all utilizing the acronym GED) refers to documented certification that an individual has been tested and found to possess high school-level academic skills.

‘Hazing’ refers to any activity that humiliates, degrades, or risks emotional and/or physical harm to a person joining or maintaining full status in a group, regardless of that person’s willingness to participate.

‘Indemnification’ refers to compensation to reimburse another who may have suffered loss or damage.

‘Labor market’ refers to the market in which workers compete for jobs and employers compete for workers.

‘Minutes’ refers to the record of proceedings of a meeting. Minutes contain what was done at a meeting, rather than what was said by its members.

‘Mission Statement’ refers to a short but complete description of the overall purpose and intentions of an organization. It should state what is to be achieved, but not how it is to be achieved.

‘Negligence’ refers to failure to act with the prudence that a reasonable person is expected to exercise under the same or similar circumstances.

‘Negotiations’ refers to a dialogue intended to resolve disputes and produce an agreement upon courses of action, especially in collective bargaining.

‘Non-partisan’ refers to an election in which the candidates do not declare a party affiliation.

‘Securities’ refers to financial instruments indicating an equity or debt interest; generally a stock or bond certificate. Investments in securities by the College are limited by MCL 389.142, as amended.

‘Staff’ or ‘staff member(s)’ refers to employees whose employment is not covered by the labor agreement between the College and the Mott Community College Education Association (MCCEA).

‘Table of Authorized Positions’ (TAP) refers to a chart which displays the total number of positions authorized by the Board to be filled.

‘Volunteer(s)’ refers to persons who perform services for the College without remuneration.

‘Voter’ refers to an individual who possesses the qualifications required to vote within the Community College District. The qualifications of a voter are described in Section 1240.

Reviewed: December 15, 2008
Approved: December 22, 2008
Revised: January 19, 2010
Reviewed: February 17, 2010
Approved: March 1, 2010

TOP

1010 Definition of Bylaws

Policy Section 1000 shall represent the total operation of the Board and constitute the Bylaws of the Mott Community College Board of Trustees.

Approved: March 27, 2000
Reviewed: October 13, 2008

TOP

1050 College Authority

The Board recognizes that many of the subject topics found in this policy manual may be subject to negotiations under the Michigan Public Employment Relations Act. It is not the intent of the Board to, in any way, circumvent the negotiations process; but rather to establish direction and general and long-range operational procedures for the proper establishment, maintenance, management and carrying on of the College as authorized under current law. Within the context of current law, the Board may adopt rules and regulations for its own governance and for the control and governance of the College.

Approved: July 29, 1996
Revised: March 27, 2000
Reviewed: October 13, 2008
Approved: December 22, 2008

LEGAL REF: MCL 423.201 et seq.; 389.125(d)(f)

TOP

1100 College Name

The official name of the College District shall be the Charles Stewart Mott Community College.

Approved: July 29, 1996
Reviewed: March 27, 2000
Reviewed: October 13, 2008

LEGAL REF: MCL 389.109, as amended

TOP

1110 College History

Mott Community College opened in 1923 as Flint Junior College, a municipal institution governed by the Flint Board of Education, using classrooms in Central High School. In 1931, the College moved to an adjacent building that had housed Oak Grove Sanitarium. This building was FJC’s home until 1955 when the new campus opened. In 1960, the institution was renamed Flint Community Junior College.

In June 1969, voters of the Genesee Intermediate School District approved the creation of an expended College District and elected a seven-member Board of trustees; in December 1969, the public approved a 1.4 mill operational tax for the new College District. Then, on July 1, 1970, the institution was transferred from the Flint Board of Education to the Board of Trustees of Genesee Community College.

Following the death of Charles Stewart Mott in February 1973, the Board of Trustees on March 19, 1973, changed the name of Genesee Community College to Charles Stewart Mott Community College in honor of Mr. Mott’s contributions to the College. The new name became effective July 1, 1973.

In 1923, 114 students were enrolled in a single curriculum, classical liberal arts. Today, more than 10,000 students are enrolled in more than 130 different career and transfer programs. These programs serve students in meeting the challenges of modern living. The College expanded its campus to downtown Flint in 1975 when former Sears and Kroger grocery store buildings, donated to the College by Mrs. Katherine B. Miner, opened their doors. In 1976, it was named the Walter P. Reuther Career Development Learning Center in honor of the late labor leader. In 1989, the site was named the Mott Community College Downtown Campus. Part of that property was later transferred to the Career Alliance for use as a job training center.

The main campus in the city of Flint consists of twelve buildings: the William S. Ballenger Field House, the Marie R. Prahl College Center, the Harlow H. Curtice Building and the C.S. Mott Community College Center of Science and Applied Arts (Curtice-Mott Complex), the Cady B. Durham Natatorium, the Michael A. Gorman Building of Science and Technology, the Charles Stewart Mott Library, the Visual Arts & Design Center, the Garfield G. Wagner, Jr. Workforce Education Center, the Mott Memorial Building, the Dale E. Kildee/William H. White Regional Technology Center, the Presidential Conference Center, and the President’s Home.

In addition, the College operates four regional sites and four Community Technology Centers. The regional sites are the Southern Lakes Branch Center in Fenton, the Northern Tier Center in Clio, the Lapeer Extension Center in Lapeer, and the Livingston Center in Howell. The Community Technology Centers are the Disability Network CTC, Great Lakes Baptist CTC, Hispanic Technology & Community Center and the One Stop Technology Center, all located in the city of Flint. The College also operates the Shiawassee Service Center - One Stop in Owosso.

An exceptional benefit to the College is the Cultural Center, adjacent to the campus. This multi-million dollar area places a variety of educational and cultural opportunities before each student. The Enos A. and Sarah DeWaters Art Center, Robert T. Longway Planetarium, the F.A. Bower Theater, the Alfred P. Sloan, Jr. Museum, the Arthur H. Sarvis Food Management Technology Center, the James H. Whiting Auditorium, and the J. Dallas Dort Music Center all are in the complex.

Approved: July 29, 1996
Revised: March 27, 2000
Reviewed: October 13, 2008
Approved: December 22, 2008

LEGAL REF: MCL 389.107

TOP

1111 College District Nature

A community college is an educational institution which provides for all persons above the twelfth grade age level, as well as high school students (primarily 11th and 12th graders) dually enrolled or “early enrolled” at the College, and Mott Middle College High School students, an opportunity for collegiate and non-collegiate educational experiences including area vocational-technical and regional technology center(s) programs.

The College offers individual and group training for the labor market or to achieve stability or advancement in employment.

The College offers enrichment and cultural activities for its service area constituents.

A community college grants diplomas and certificates including those known as associate degrees. Such institutions enable students to transfer through programs for higher learning in order to obtain a baccalaureate or other degree. The community college is aimed at meeting the general needs of the total community.

Approved: July 29, 1996
Revised: March 27, 2000
Reviewed: October 13, 2008
Approved: December 22, 2008

LEGAL REF: MCL 389.105, 389.103 and 121, as amended

TOP

1120 College Boundaries

The geographical boundaries of Mott Community College include all school district territory located in Genesee County and the following school district territory adjacent to Genesee County:

Goodrich School District in Oakland and Lapeer Counties;
Lakeville School District in Lapeer County;
Linden School District in Livingston County;
Fenton School District in Oakland and Livingston Counties;
Grand Blanc School District in Oakland County; and
Davison School District in Lapeer County.

The Saginaw County properties of the Montrose and Clio School Districts are not included in the College boundaries.

Approved: July 29, 1996
Reviewed: March 27, 2000
Reviewed: October 13, 2008

LEGAL REF: MCL 389.51, as amended

TOP

1130 Mission Statement

The mission of Mott Community College is to provide high quality, accessible and affordable educational opportunities and services—including programs focused on university transfer, technical and lifelong learning, as well as workforce and economic development—that promote student success, individual development, and improve the overall quality of life in a multicultural community.

Approved: July 29, 1996
Reviewed: March 27, 2000
Revised: April 23, 2007
Reviewed: October 13, 2008
Approved: December 22, 2008

LEGAL REF: MCL 389.103 and 121, as amended

TOP

1150 College Strategic Plan

General: The Strategic Plan will be developed for the college, under the direction of the President and in accordance with the accreditation standards of the Higher Learning Commission of the North Central Association of Colleges and Schools.

See attached Strategic Plan for 2007-2012.

Approved: March 27, 2000
Revised: February 26, 2001
Revised: April 23, 2007
Reviewed: October 13, 2008
Approved: December 22, 2008

LEGAL REF: MCL 389.103 and 121, as amended

TOP

1151 Board of Trustees Goals

General: At its discretion, the Board of Trustees may from time to time develop goals for improvement of its internal operations.

Approved: March 27, 2000
Reviewed: October 13, 2008
Approved: December 22, 2008

LEGAL REF: MCL 389.103, 121 and 125(j), as amended

TOP

1240 Board of Trustees

Board Membership and Elections

  1. The Board of Trustees consists of seven (7) members elected at large from the Community College District on a non-partisan basis. Elections are held biennially on the date of the annual general elections. Members are elected for staggered terms so that terms of office expire each two years for two members and then three members.
  2. Regular terms of office commence on January 1 following the date of the annual school elections.
  3. Elections called by the Community College District are conducted in accordance with Michigan elections law.
  4. A voter of a Community College District must possess the following qualifications:
    1. U.S. Citizenship
    2. Eighteen (18) years of age
    3. Resident of the State of Michigan for thirty (30) days
    4. Resident of the College District for thirty (30) days

A Trustee must be a qualified voter.

Governance Style

The Board will act in the best interest of the College and the community as a whole.
The Board will govern with a style that:

  1. Emphasizes outward vision;
  2. Encourages diversity in viewpoints and makes collective decisions;
  3. Distinguishes clearly between the Board’s role and the President’s role;
  4. Distinguishes between Board policy and the administrative execution of policy;
  5. Plans for the future;
  6. Acts proactively rather than reactively.

Approved: March 27, 2000
Reviewed: October 13, 2008
Approved: December 22, 2008
Reviewed: April 12, 2013
Revised: May 20, 2013

LEGAL REF: MCL 389.51 and 54, as amended; MCL 168.492, as amended

TOP

1241 Commitment to Community Access

General: The Board acknowledges the College’s responsibility to seek community input from a wide range of community stakeholders on community issues, challenges and trends.

In addition, the Board will structure its own meetings and activities to facilitate community access.

Approved: March 27, 2000
Reviewed: October 13, 2008
Approved: December 22, 2008

LEGAL REF: MCL 15.261 et seq., as amended

TOP

1244 Vacancies

Procedure
A Board vacancy shall be filled through appointment by the majority of the Board with a legally qualified voter who shall serve until the next regular Board election, at which time the vacancy shall be filled by election for the remainder of the term.

When a vacancy occurs, the Board Chairperson shall publicly announce the vacancy and any qualified person who wishes to be considered for membership should:

  • Submit a letter, signed by the applicant, to the Board Chairperson within ten days after the public announcement indicating a desire to be considered for appointment to the Board
  • Include a personal resume
  • Provide evidence of eligibility

The Board shall not be restricted to consideration of those submitting an application in filling such a vacancy.

Approved: July 29, 1996
Revised: March 27, 2000
Reviewed: October 13, 2008
Approved: December 22, 2008

LEGAL REF: MCL 389.157 - 389.158

TOP

1310 Board Officers

General: The Board officers are: Chairperson, Vice-Chairperson, Secretary, and Treasurer.

Chairperson
The Board Chairperson is elected from the Board membership by a majority of the Board and shall serve for two years from the time of election.

Vice-Chairperson
The Vice-Chairperson is elected from the Board membership by a majority of the Board and shall serve for two years from the time of election.

Secretary
The Board Secretary is elected from the Board membership by a majority of the Board and shall serve for two years from the time of election.

Treasurer
The Board Treasurer is elected from the Board membership by a majority of the Board and shall serve for two years from the time of election.

Approved: July 29, 1996
Reviewed: March 27, 2000
Reviewed: October 13, 2008
Approved: December 22, 2008

LEGAL REF: MCL 389.111(3)(4)

TOP

1320 Board Officer Duties

Chairperson shall:
  • Preside at all Board meetings;
  • Perform all duties prescribed by law and as directed by the Board;
  • Preserve order and enforce Board rules;
  • Appoint all committee memberships with Board approval;
  • Act as a spokesperson for the Board to outside parties regarding Board stated positions and chair decisions and interpretations within the area delegated to him/her.
  • Exercise other powers as properly pertain to the office or as may be delegated by the Board.
  • Serve as Board liaison to the President.
Vice-Chairperson
  • The Vice-Chairperson performs the duties of the Chairperson in his/her absence or in circumstances when the Chairperson refuses to perform his/her duties; and
  • Performs other functions as designated by the Board.
Secretary
The Secretary (or designee) is responsible for:
  • Meeting records;
  • Posting all legal notices;
  • Signing official documents pursuant to law;
  • Maintaining all Board records;
  • Sending each Board member a copy of the minutes of the previous meeting prior to each Board meeting;
  • Notifying the Board members of all meetings;
  • Performing other duties as needed for Board elections;
  • Performing the duties usually pertaining to his/her office and as directed by Board action.

The term ‘designee’ normally will refer to the Manager, Office of the President and Board of Trustees, whom shall serve as acting Secretary, as appropriate.

Treasurer
The Treasurer, through the College Chief Financial Officer (designee) shall:

  • Have custody of all Board funds and securities;
  • Be responsible for the full and accurate accounts of all receipts and disbursements;
  • Be responsible for the deposit of all monies, securities and other valuable effects in the name of the Board and in such depositories as may be designated for the purpose by the Board;
  • Have care and custody of, and invest debt retirement funds, building and site funds, and the general funds of the College in accordance with current law;
  • Make monthly reports to the Board showing receipts, disbursements and the status of each of the College’s general funds;
  • Keep appraised of all developments affecting the economic status of the College - all income, expenditures, financial obligations, contracts and purchases;
  • Keep track of the College’s use of public funds;
  • Be the resource person for all negotiations teams on all economic matters and provisions of any negotiated contract;
  • Make recommendations to the Board; and
  • Make monthly reports to the Board at the Board’s regular meeting. Reports shall show total receipts and disbursements for Board funds as of the last day of the previous month.

The term ‘designee’ normally will refer to the Chief Financial Officer, whom shall serve as acting Treasurer, as appropriate.

Approved: March 27, 2000
Reviewed: October 13, 2008
Approved: December 22, 2008

LEGAL REF: MCL 389.113, as amended

TOP

1321 Term of Office

General: The term of office for all Board officers shall be two years from date of election.

In the event the Board Chairperson is unable to chair or preside over the Board’s organizational meeting, the Vice-Chairperson shall preside in place of the Chairperson until a new Chairperson is elected.

Approved: March 27, 2000
Reviewed: October 13, 2008
Approved: December 22, 2008

LEGAL REF: MCL 389.111(3), as amended

TOP

1322 Officer Vacancies – Filling

General: In the event of a vacancy in any office of the Board, the vacancy shall be filled by the Board at the next regular meeting or as soon after the vacancy occurs as possible. The term of office shall be for the un-expired portion of the original term of the office being filled.

Approved: July 29, 1996
Reviewed: March 27, 2000
Reviewed: October 13, 2008
Approved: December 22, 2008

LEGAL REF: MCL 389.111(3); 389.113(2)

TOP

1325 Code of Conduct – Ethics

General: The Board expects ethical conduct by itself and by its members. This includes proper use of authority and appropriate decorum in group and individual behavior when acting as Board members.

  • Board members should maintain loyalty to the interests of the citizens of the College District. This loyalty supersedes any loyalty to advocacy or interest groups and membership on other boards or staffs. It also supersedes the personal interest of any Board member acting as an individual consumer of College services.
  • Board members must avoid any conflict of interest with respect to their fiduciary responsibility to the College.
  • Board members have collective authority, but may not attempt to exercise individual authority over the organization except as explicitly set forth in Board policy.
  • Board members will participate in educational activities including state, regional and national meetings to enhance their ability to serve effectively as members of the College’s governing Board.
  • Board members will support established lines of authority and shall not engage in activities that disrupt daily operations of the College.
  • Board members will not interfere in normal procedures for the processing of complaints or grievances.
  • At times, Board members may receive confidential or sensitive information concerning College affairs, including information which if disclosed could have adverse consequences to the College. Board members shall not disclose any information of a confidential nature, the disclosure of which would violate the fiduciary obligations of the Trustee, compromise the attorney client privilege, or violate any law or court order, and shall not disclose any confidential information received during closed sessions of the Board.
  • The Board is expected to govern and discharge its duties effectively and efficiently. The Board and individual Board members will conduct themselves at all times with proper decorum, maintain confidentiality regarding sensitive matters, and respect for others’ actions and opinions. The Board will not allow any officer, individual or committee of the Board to hinder or be an excuse for not fulfilling the Board’s responsibilities in a professional and responsible manner.
  • The Board will take appropriate action to enforce the obligations imposed hereunder, including, without limitation, limiting or suspending travel or other Board privileges, public censure, or other lawful action as the Board deems appropriate.
  • If the College receives a complaint that a Board member has violated this policy, the complaint shall be referred to the Board Chairperson or, if the complaint is against the Chairperson, to the Vice-Chairperson. The Trustee who is the subject of the complaint shall be notified and given an opportunity to respond to the Chairperson (or Vice-Chairperson, if appropriate) who, at his or her discretion, shall determine whether to take the complaint to the full Board for consideration. Further, the Chairperson (or Vice-Chairperson, if appropriate), shall have the discretion to investigate the complaint, including the authority to engage an outside consultant to undertake the investigation and may, if he or she chooses, do so prior to notifying the Board of the complaint. Any report from an outside consultant shall be disseminated to all Board members prior. All meetings to hear complaints shall occur at an open meeting, unless the Board member who is the subject of the complaint requests a closed session, in accordance with the Open Meetings Act.
  • In the event a complaint is filed against a Board member and an investigation is instituted, the involved Board member may petition for consideration of reimbursement of any legal expenses. The Board Member must receive an explanation of any decision.
  • Nothing in this policy shall be construed or interpreted to impinge upon a Trustee’s First Amendment rights.

Approved: July 29, 1996
Reviewed: March 27, 2000
Revised: April 17, 2006
Approved: May 22, 2006
Reviewed: October 13, 2008
Approved: December 22, 2008

LEGAL REF: MCL 15.341 et seq., as amended

TOP

1326 Transaction of Business

General: The Board of Trustees shall transact all business, including information sessions, at public legal meetings of the Board pursuant to the Open Meetings Act.

Approved: March 27, 2000
Reviewed: October 13, 2008
Approved: December 22, 2008

LEGAL REF: MCL 15.261 et seq., as amended

TOP

1330 New Member Orientation

General: Newly elected Board members shall be invited to attend all Board meetings prior to the time they officially take office.

Present Board members and the President shall conduct an appropriate orientation program designed to acquaint new Board members with the College, Board operating procedures, policy, duties, and responsibilities. Additionally, budgets, audit reports, and collective bargaining agreements will be provided to the new Board members for review.

Newly elected Board members shall receive copies of all agendas, reports and other communications normally received by regular Board members except information or material of a confidential nature.

Approved: July 29, 1996
Reviewed: March 27, 2000
Reviewed: October 13, 2008
Approved: December 22, 2008

LEGAL REF: MCL 389.155 – 157, as amended

TOP

1340 Board Member Development Opportunities

General: The Mott Community College Board of Trustees places a high priority on the continuing in-service training and education of its members. Toward that end, members of the Board of Trustees are encouraged to participate in educational activities that enhance their ability to govern effectively as community College trustees and in articulating College services to the community. This policy reflects the Board’s belief that well-informed trustees are better able to make informed decisions on the many issues confronting them.

The following basic policy statements apply:
  1. Board member involvement in conferences, in-service activities, and training programs is encouraged to develop maximum individual Board member proficiency.
  2. Funds shall be budgeted annually to support Board member development opportunities.
  3. Annually, the Board of Trustees shall endorse the conferences and workshops pre-approved and recommended for Board attendance. The Board will designate the number of individuals approved to attend each conference. Designation will be based upon individual trustee interests and best use of available funds.
  4. Board members shall be reimbursed for costs incurred through participation in approved activities. (See Policy Section 1360: Reimbursement of Trustee Expenses.) Expenses related to the following specific categories of duties and functions are approved as reimbursable expenses:
    1. Educational conferences and business meetings, including registration fees and expenses incurred for attendance at Board approved education-related conferences, association meetings, seminars, continuing education classes and workshops at the local, state and national levels. Expenses include costs of travel, lodging and meals where these expenses are directly related to attendance at the conference, seminar, class or workshop.
    2. Attendance at educational or civic programs and functions where the Board member is designated as the Board’s official representative, delegate or spokesperson. This category does not include political activities of any kind.
    3. College business travel: air travel at coach rate; automobile mileage at the Internal Revenue Ser approved rate per mile, plus tolls; taxi or rental car allowances at current prevailing rates for travel outside the College District when necessary to attend a function.
  5. Every effort will be made to make travel reservations well in advance to maximize cost savings to the College.
  6. Conference/in-service related expenses may be prepaid directly by the College. The College President may also pay for expenses contained within this policy or other expenses authorized utilizing the College issued credit card.
  7. The Board Chair, in consultation with the Finance/Audit Committee Chair, shall have the authority to approve participation of members in activities not included in the annual recommendation.
  8. Expenses of spouses and other family members accompanying Board members in discharging their official duties or performing authorized functions are not reimbursable.
  9. The public shall be kept informed about Board development activities through reports from the attending Board members given at Board meetings, including the benefits of the activities to the College.

Approved: July 26, 1996
Revised: March 27, 2000
Reviewed: October 13, 2008
Approved: December 22, 2008

LEGAL REF: MCL 389.112, as amended

TOP

1350 Board Compensation

General: Board members shall not receive compensation for services as a Board member or as a Board officer. Expenses of Board members may be reimbursed when authorized by the Board of Trustees.

Approved: July 29, 1996
Reviewed: March 27, 2000
Reviewed: October 13, 2008
Approved: December 22, 2008

LEGAL REF: MCL 389.112

TOP

1351 Indemnification

General: The College shall pay for, and furnish the services of an attorney, to advise, appear for, and represent the trustee for any claim or civil action commenced against him/her arising from the trustee’s activities while in office.

The College agrees to indemnify and hold the trustee harmless from and against any and all civil actions, suits, judgments, damages, liabilities, including costs and expenses, whether known or unknown, suspected or unsuspected, founded in fact, in law, or in equity subject to the limitations herein, asserted against the trustee arising from actions taken, or a decision made, within the scope of the trustee’s activities while in office, during the term of the trustee’s service with the College notwithstanding that said claims may be asserted after expiration or termination of said service. The trustee shall give the College written notice of the nature of any claim for indemnification hereunder promptly upon receipt of notice of any claim or action against the trustee. The College shall have the right to conduct the defense and settle any claim. The trustee shall fully cooperate with the College in the defense. The trustee may, at his/her own cost and expense, employ additional counsel to assist in the Trustee’s defense.

This indemnification shall include all acts of a trustee, including acts of negligence, but shall not include acts determined by a court of law to be willful misfeasance, capricious, or unreasonable in reckless disregard of the trustee’s duties. The College shall provide attorney services in all cases.

Approved: July 29, 1996
Reviewed: March 27, 2000
Reviewed: October 13, 2008
Approved: December 22, 2008

LEGAL REF: MCL 691.1408, as amended

TOP

1360 Reimbursement of Board of Trustee Expenses

General: These guidelines are issued to further clarify the Board of Trustees policy related to the procedures for reimbursement of trustee expenses. Any changes to these guidelines may be proposed by the President or Board Chair and must be reviewed by the Finance/Audit Committee of the Board of Trustees. A guideline may be modified or waived prior to a specific event or occasion by the President, provided that a notice of waiver is submitted to the Finance/Audit Committee at their next regularly scheduled meeting.

  1. Cash Advances: Cash advances will be made for a specific purpose or activity upon prior written approval of the College President. Advances shall not exceed the anticipated expenditure based on authorized daily allowance of $60.00. Cash advances will be reconciled with receipts to the President’s Office within thirty days of the conclusion of the travel. Cash advances not reconciled within thirty days will be referred to the Finance/Audit Committee for review.
  2. Expenditure Limits:
    1. Meals: The College will reimburse expenditure for meals by a trustee as a result of participation in a Board assigned activity based upon actual receipts.
    2. Use of Automobile: Mileage for business related travel by automobile may be made at the most current IRS publicized rate for mileage reimbursement. The mileage reimbursement rate for Board travel will be approved on an annual basis. Mileage information for locations both inside and outside of Michigan will be obtained from the MCC Accounting Office. In addition, reimbursement will be allowed for reasonable and/or actual costs incurred by tolls and parking. Reimbursement for mileage and related expenses may not exceed second class or coach airfare for the same trip, except in extenuating circumstances.
    3. Lodging: Actual costs will be reimbursed at no more than the single room rate or the approved conference negotiated rate. Personal items such as in-room movies are not reimbursable.
    4. Gratuities: Reimbursement for gratuities shall not exceed 20% for meals. Reasonable bellhops, cab services, etc. will be allowed.
    5. Spouse/Guest Expenses: Reimbursement for the cost of conference, convention, travel or other official function expenses for a spouse/guest is not allowed unless the official function requires the spouse’s/guest’s attendance.
    6. Business Phone Calls: Charges for telephone calls are reimbursed if they are incurred in connection with Mott Community College business.
    7. Other: Actual costs for the purchase of supplies, rental of audio-visual materials, or other similar items will be reimbursed upon presentation of proper approvals and documentation. This process is limited to those items that cannot be handled through the regular purchasing process or items of an emergency nature. Equipment items must be handled though the regular purchasing process.
  3. Approval of Expense Reports: The Chief Financial Officer will review all expense reports and documentation and approve or reject the expenditures prior to reimbursement. Total expenditures of all trustees may be reviewed periodically by the full Board of Trustees.
  4. Expense Reports: A detailed expense report must be prepared (using the official MCC Travel Reimbursement Form) and submitted within ten (10) working days following the conclusion of the activity for which the advance was granted. Unused funds must be returned concurrent with submission of the expense report.
  5. All outstanding travel must be processed before another request is submitted. The College will consider an advance overdue if the detailed expense report is not submitted on a timely basis. No new travel advances will be issued until prior travel expense reports are filed. Travel expenses not reconciled within thirty days of travel will be referred to the Finance/Audit Committee.

Approved: July 29, 1996
Revised: March 27, 2000
Reviewed: October 13, 2008
Approved: December 22, 2008

LEGAL REF: MCL 389.112, as amended

TOP

1361 Conflict of Interest

General: Board members must avoid any conflict of interest with respect to their fiduciary responsibility. A Board member shall be considered to have a conflict of interest if the Board member or other person in a familiar or otherwise significant relationship to the Board member has existing, or potential financial, or other interests, which impair or might reasonably appear to impair the such Board member’s independent, unbiased judgment in the discharge or his or her responsibilities to the College.

The following provisions further detail the Conflict of Interest Policy:
  1. Improper Economic Benefit. A Board member shall not use his or her official power or position to procure economic benefit for him/herself or a closely related person or entity.
  2. Unfair Advancement of Private Interests. Board members must maintain unconflicted loyalty to the interests of the citizens of the College District. This accountability supersedes any conflicting loyalty such as that to advocacy or private interest groups and membership on other boards or staff. It also supersedes the personal interest of any Board member acting as an individual consumer of College services. A Board member’s first and foremost obligation when confronted with issues supported by special or private interest groups is to represent and act only in the best interests of the College.
  3. Incompatible Offices. No Board member shall hold positions in two offices which are deemed to be incompatible as provided in MCL 15.181.
  4. Gifts. No Board Member shall accept any gift under circumstances from which it might be reasonably inferred that the gift is given for the purpose of influencing the Trustee in the discharge of his or her official duties. This rule does not prohibit receipt of non-extravagant gifts at traditional times, such as Christmas, Hanukkah and retirement that are sufficient to express the spirit of the occasion.
  5. Contract/Pecuniary Interest. A Board member cannot be interested directly or indirectly in any contract with the College and shall not perform any labor or furnish equipment and/or supplies for compensation, except as in accordance with current law. If a pecuniary interest exists and pertains to a proposed contract with the College, the Board member with the interest shall follow disclosure and related procedure as set forth in MCLA 15.323.
  6. Disclosure. All Board members have the responsibility to ensure that the Board is made aware of situations that involve personal, familial, or other business relationships that could be of concern to the College. When a Board member determines that the possibility of a conflict of interest exists, the such Board member shall disclose the potential interest and thereafter shall abstain from participation in both the discussion of the matter and the vote thereon. If the Board member has any concern regarding a conflict exists, the Board member shall consult with the Board Attorney.
  7. Compliance. Anyone who believes that he or she has information indicating that a Board member has a conflict of interest shall make a written disclosure of the facts and circumstances to the Board Chairperson. If the alleged violation involves the Board Chairperson, the disclosure shall be made to the Vice-Chairperson. The Board member who that is the subject of the alleged violation or complaint shall be notified and given an opportunity to respond to the Chairperson (or Vice-Chairperson, if appropriate). The Chairperson (or Vice-Chairperson, if appropriate) shall review the evidence to determine whether to take the complaint to the full Board.

Reviewed: October 13, 2008
Approved: December 22, 2008

LEGAL REF: MCL 15.181; MCL 15.321-15.330

TOP

1365 Non-Discrimination/Harassment

General: The Board of Trustees is committed to providing an environment which respects the dignity of each person and is free from harassment and intimidation. The following basic policy statements apply:

  1. Mott Community College is committed to providing a work environment that is free of discrimination and unlawful harassment. Actions, words, jokes or comments based on an individual’s sex, race, ethnicity, age, religion, or any other legally protected characteristic will not be tolerated.
  2. This policy shall apply to all persons in the community college. The college community is defined as Mott Community College Board of Trustee members, employees, students, or third-parties (i.e. college visitors, vendors, contractors, consultants, agents, and so on).
  3. The Board of Trustees shall have detailed policy statements in Section 5201 of this document.

Reviewed: October 13, 2008
Approved: December 22, 2008

LEGAL REF: US Constitution Amendment XIV, MCL 37.2101 et seq., as amended

TOP

1370 Board Recognitions

General: Each current Board member shall be recognized for their service by the awarding of an honorary Associate in Arts degrees from the College.

Each succeeding Board member shall be so honored during the regular Board meeting in June at the end of the Board member’s service on the Board.

Approved: July 29, 1996
Revised: March 27, 2000
Reviewed: October 13, 2008
Approved: December 22, 2008

LEGAL REF: MCL 389.103, as amended

TOP

1380 Board Remembrances

General: The Board authorizes the President to provide suitable remembrances on behalf of the Board or the College in situations or circumstances deemed necessary by either the Board Chairperson, the College President, or a majority of the Board.

Approved: July 29, 1996
Reviewed: March 27, 2000
Reviewed: October 13, 2008
Approved: December 22, 2008

LEGAL REF: MCL 389.103, as amended

TOP

1400 Ad Hoc and Advisory Committees

General: The Board shall establish ad hoc (temporary) and advisory committees, as it deems necessary. The type and function of each committee shall be dictated by the needs of the College for the special services of the committee. The Chairperson shall appoint all members of all committees. Each committee shall organize itself with assistance from the President.

The following basic policy statements apply:
  1. A line of communication shall be established between each committee, the Board and the President.
  2. Each committee shall report to the President and/or the Board as the Board may require by regulation or procedure.
  3. The Board may dissolve any committee at any time.
  4. Committee meetings shall be posted in accordance with the Open Meetings Act.

The President shall assist the committee in the development of a budget for operational expenses if necessary. The College general fund budget shall include a line item for Board Committees.

Approved: July 29, 1996
Revised: March 27, 2000
Reviewed: October 13, 2008
Approved: December 22, 2008

LEGAL REF: MCL 389.103 and 125, as amended

TOP

1411 Advisory Committees: Citizens/Lay Committees

General: The College shall seek the knowledge and experience of community citizens to assist the faculty and administration in planning new instructional programs and in providing the most current ad and information about the College’s on-going programs. To this end, the Board may create citizen committees.

The following basic policy statements apply:
  1. The term of appointment for members of citizen/lay committees shall be designated at the time of appointment (normally, not to exceed two years).
  2. All appointments shall be made by the President.
  3. All appointments made by the administrative staff shall be reported to the Board for confirmation at the next regular Board meeting as an information item.
  4. Citizens may be appointed during alternate years to fill vacancies and serve for the balance of the appointment. This will be the case for citizens serving on committees formed by the President or his/her designee(s).
  5. The President may appoint administrative personnel to advisory committees at his/her discretion.

Approved: July 29, 1996
Revised: March 27, 2000
Reviewed: October 13, 2008
Approved: December 22, 2008

LEGAL REF: MCL 389.103 and 125, as amended

TOP

1412 Advisory Committee: Multi-Cultural/Minority Affairs Advisory Committee

General: Mott Community College has a special responsibility to the community to promote equal access and success for minority students, faculty and staff. The academic community has an obligation to serve as an important model in achieving racial harmony and empowerment.

The following basic policy statements apply:
  1. The Board may appoint citizens to serve on the College’s Multi-Cultural/Minority Affairs Advisory Committee. The term of appointment shall be for two years. Vacancies on the committee will be filled by the Board at alternate October Board meetings. These appointees will serve for the balance of the two-year appointment.
  2. The College shall seek the knowledge and experience of community citizens to assist faculty and administration in keeping abreast of problems facing ethnic minorities by:
    1. Providing a channel for continued communication between the college and the representatives of ethnic and minority groups of its various constituencies.
    2. Providing a system to allow input/feedback on College policies, procedures and practices.

Approved: March 27, 2000
Reviewed: October 13, 2008

LEGAL REF: MCL 389.103 and 125, as amended

TOP

1420 Standing Committees

General: The Board may appoint standing committees as deemed necessary. The members of each standing committee shall be appointed by the Chairperson and be subject to Board approval.
The following basic policy statements apply:

  1. Standing committees of the Board shall consist of three members of the Board of Trustees.
  2. The President shall be an ex-officio member of the standing committees.
  3. Each standing committee shall have a task(s) specifically defined by the Board and designated time-lines for reporting to the Board.
  4. Committees have no power or authority to act on behalf of the Board unless specifically authorized by the Board; they may hold hearings only upon approval of the Board; and shall limit activities and considerations to policy matters and recommendations.
  5. All reports submitted to the Board shall contain the date, committee name, and members present at the committee meetings, and the results or recommendations of the Committee.
  6. Committee meetings shall be posted in accordance with the open meetings act. Committees shall meet in closed sessions to protect confidential information for the reasons permitted by the Michigan Open Meetings Law and described in Policy 1510 (Closed Executive Sessions).

Approved: March 27, 2000
Revised: April 17, 2006
Approved: May 22, 2006
Reviewed: October 13, 2008
Approved: December 22, 2008

LEGAL REF: MCL 389.103 and 125, as amended

TOP

1421 Standing Committees: Finance/Audit Committee

General: The Board Finance/Audit Committee is responsible for the general oversight of the various funds of the College and other issues or areas that have financial implications for the College. Areas may take the form of monthly financial statements, reports from the President or staff, annual audits, and other information deemed appropriate.

The following policy statements apply:

The Finance/Audit Committee shall:
  1. Recommend ex officio committee member(s) with demonstrated experience and competency in fields such as auditing, finance or banking; or experience as a Certified Public Accountant or Chief Financial Officer.
  2. Review and recommend “on-line” budget information for use by committee members or other trustees in College facilities.
  3. Review and endorse College budgets proposed by the Administration and Staff prior to presentation to the full Board of Trustees for approval.
  4. Develop a process to ensure a balanced, annual College budget that will provide for financial stability, accountability, and integrity in all operational areas in conjunction with the President.
  5. Receive and review detailed, monthly reports on revenues and expenditures, accounts receivable, and student enrollments with summary information including fund balance.
  6. Review comprehensive financial analysis of all new programs prior to final approval and implementation.
  7. Conduct an annual review of major budget categories including student enrollment, tuition collection rates, and revenues and expenditures in a format that reflects budget trends (with information) of the past, present and future forecasts.

Membership: Members of the Board Finance Committee shall have an interest in College finances and shall possess knowledge of public finance or have experience with private business finance, non-profit business experience, or complete Board development programs in finance.

Audit oversight shall be conducted in compliance with the provisions defined in Policy Section 3431.

Approved: March 27, 2000
Reviewed: October 13, 2008
Approved: December 22, 2008

LEGAL REF: MCL 389.103 and 125, as amended

TOP

1422 Standing Committees: Personnel Committee

General: The Personnel Committee is responsible for the review and oversight of the College personnel policy decisions including personnel related activities and needs.

The following basic policy statements apply:

The Board Personnel Committee shall:
  1. Receive and review monthly staffing transactions reports and recommend, if necessary, action to the Board.
  2. Establish parameters for contract negotiations in conjunction with the President and his staff for recommendation to the Board.
  3. Review employee actions, such as discipline, promotion, dismissal, etc. assuring a full awareness of the Board of actions, as appropriate.
  4. Review proposed staffing levels and table of authorized positions.
  5. Communicate with the Finance/Audit Committee regarding personnel costs in such activities as reorganization within the College or new programs, which require staffing.
  6. Review employee wage and benefit packages to assure that these are reasonable, affordable, and competitive.

Membership: Members of the Board Personnel Committee shall have an interest and some experience in personnel matters with private business, non-profits, volunteer work or other related Human Resources areas.

Approved: March 27, 2000
Reviewed: October 13, 2008
Approved: December 22, 2008

LEGAL REF: MCL 389.103 and 125, as amended

TOP

1424 Standing Committees: Board Policy Committee

General: The Board Policy Committee is responsible for the drafting of new policies as well as review and revision of existing policies as needed, in consultation with the President.

The following basic policy statements apply:

The Board Policy Committee shall:
  1. Identify the need for new policies in conjunction with the Board of Trustees and the President.
  2. Review, revise and recommend policies to ensure currency and compliance with State law, recent court decisions, State Executive Orders and administrative decisions.
  3. Conduct an annual policy needs assessment (July of each year) where input is sought from the Board of Trustees and President concerning new policies or revision of existing policies.
  4. Review all new policies and revisions to policies prior to recommendation and action by the full Board of Trustees.

Membership: Members of the Board Policy Committee shall have an interest in policy development and experience in preparing written documents.

Approved: March 27, 2000
Reviewed: October 13, 2008
Approved: December 22, 2008

LEGAL REF: MCL 389.103 and 125, as amended

TOP

1440 Committee of the Whole

General: The Board may meet as a Committee of the Whole to review and appraise existing policies and College operations as the occasion requires.

Committee of the Whole meetings, in compliance with the Open Meetings Act, shall be held only after notice has been given and an invitation extended to the public.

All meetings shall be held in a public place and no votes or action may be taken.

Approved: July 29, 1996
Reviewed: March 27, 2000
Reviewed: October 13, 2008
Approved: December 22, 2008

LEGAL REF: MCL 389.103 and 125, as amended, MCL 15.261 et seq., as amended

TOP

1500 Board Meetings

General: The Board shall transact all business, including information sessions, at public and legally noticed Board meetings.

Authority of Individual Board Members
Individual Board members have no legal powers. A Board member may exercise his/her power as a Board member only through Board action.

Attendance
The attendance of Board members shall be reported in the official minutes prepared by the secretary.

Organizational Meeting
The organizational Board meeting of the Charles Stewart Mott Community College shall be held at the first Board of Trustees meeting in January following the date of the regular Community College District election. At this organizational meeting, the Board shall elect a Chairperson and a Vice-Chairperson, who shall be members of the Board of Trustees, and a Secretary and a Treasurer who need not be members of the Board of Trustees. The officers shall be elected to a term of two years, subject to change of officers by resolution of the Board. The Board may take up additional business at the organizational meeting as the Board deems appropriate.

Regular Meetings
Regular Board meetings shall normally be held on the fourth Monday of each month during the year. Should the appointed day for the meeting be a holiday, then a meeting shall be held at the discretion of the Chairperson and the Board secretary.

Adjourned Meeting
An adjourned meeting may be reconvened for the transaction of business normally scheduled for that meeting.

Emergency Meetings
The Board may meet in emergency session, without complying with the notice requirements of the open meetings act, in the event of severe and imminent threat to the health, safety or welfare of the public, when two-thirds of the members elected to and serving on the Board decide that delay would be detrimental to the efforts to lessen or respond to the threat. (Legal Reference: MCL15.265(5); OAG#5183)

Time and Place
All Board meetings shall be posted in accordance with the Open Meetings Act.

Public Safety
A Public Safety official will be on site at all times to assist the Chair in maintaining an orderly environment.

Approved: July 29, 1996
Revised: March 27, 2000
Revised: June 27, 2005
Reviewed: October 13, 2008
Approved: December 22, 2008
Reviewed: April 22, 2013
Revised: May 20, 2013

LEGAL REF: MCL 15.261 et seq.; 389.111(2), MCL 389.113, as amended

TOP

1510 Closed/Executive Sessions

General: The Board shall conduct closed sessions only as provided by current law.

Minutes
The minutes of any closed session shall be kept separate from the minutes of the regular or special meeting and shall not be a matter of public record except as provided for under current law.

Any Board action taken as a result of a closed session shall be taken in a public meeting and recorded as such.

Approved: July 29, 1996
Reviewed: March 27, 2000
Reviewed: October 13, 2008
Approved: December 22, 2008

LEGAL REF: MCL 15.261 et seq.

Note: A public body may meet in closed session only for the following purposes: (a) to consider the dismissal, suspension, or disciplining of, or to hear complaints or charges brought against, or to consider a periodic personnel evaluation of, a public officer, employee, staff member, or individual agent, if the named person requests a closed hearing; (b) to consider the dismissal, suspension, or disciplining of a student and if the student requests a closed hearing; (c) for strategy and negotiations sessions if either party requests a closed hearing; (d) to consider the purchase or lease of real property; (e) to consult with its attorney regarding trial or settlement strategy in connection with specific pending litigation; (f) to review the specific contents of an application for employment or appointment to a public office if the candidate requests that the application remain confidential; and (g) to consider material exempt from discussion by state or federal statute.

TOP

1530 Special Meetings

General: Special Board meetings may be called by the Chairperson or by any three Board members, by giving written notice stating the time, place and purpose of the meeting.

Notice
Notice of a special meeting shall be given by mail at least 72 hours before the meeting or by personal service at least 24 hours before the meeting. In lieu of timely notice, and a full membership being present, a special meeting can be declared.

Business
No business shall be transacted except that for which the special meeting is called, unless all members are present and concur in the addition of other items to the agenda.

Order of Business
The order of business at special Board meetings shall be:
  1. Call To Order
  2. Adoption of the Agenda
  3. Comments from the Public - only those relating to the reason for the special meeting.
  4. Adjournment

Approved: July 29, 1996
Revised: March 27, 2000
Reviewed: October 13, 2008
Approved: December 22, 2008

LEGAL REF: MCL 15.265 - 15.266

TOP

1620 Parliamentary Procedure

Rules of Order
Robert’s Rules of Order, Newly Revised, as interpreted and enforced by the Chairperson, shall apply to all Board meetings.

Rules Suspension
The rules may be suspended at any meeting subject to a majority vote of the members elected to, and serving, on the Board.

Approved: July 29, 1996
Reviewed: March 27, 2000
Reviewed: October 13, 2008
Approved: December 22, 2008

LEGAL REF: MCL 389.125(f)

TOP

1621 Quorum

General: A majority of the members elected to and serving on the Board shall constitute a quorum. A majority of the members elected to and serving on the Board is required to take Board action.

Approved: July 29, 1996
Reviewed: March 27, 2000
Reviewed: October 13, 2008
Approved: December 22, 2008

Note: For the most part, a quorum of the College Board is four members. At a legal meeting, valid Board action requires a vote of four trustees, either for or against a motion, and a proper record shall be made of each Board action.

LEGAL REF: MCL 389.113, as amended

TOP

1630 Agenda

General: The President and Chairperson shall prepare an agenda with necessary supporting reports and documents for each meeting. The agenda, with supporting materials, shall be available for each member of the Board no later than three (3) calendar days prior to the day of the meeting. The agenda may be modified by the Chairperson, if there is no objection from a Board member, or upon concurrence of a majority of the Trustees.

Approved: July 29, 1996
Reviewed: March 27, 2000
Revised: April 17, 2006
Approved: May 22, 2006
Reviewed: October 13, 2008
Approved: December 22, 2008

LEGAL REF: MCL 389.125(f), as amended

TOP

1631 Order of Business

The usual order of business for the Board shall be:
  1. Call To Order
  2. Additions to the Agenda
  3. Adoption of the Agenda
  4. Communications
  5. Comments From The Public
  6. Approval of Minutes
  7. Informational Reports
  8. Unfinished Business
  9. New Business
  10. Administration Items
  11. President’s/Executive Cabinet Report
  12. Miscellaneous Business
  13. Executive Session
  14. Adjournment

Approved: July 29, 1996
Revised: March 27, 2000
Reviewed: October 13, 2008

LEGAL REF: MCL 389.125(f)

TOP

1640 Public Participation

Communications From The Public
Regular and special meetings of the Board are open to the public. Citizens may address the Board on those matters within its jurisdiction. Such presentations shall come under comments from the public in the order of business. As the Board is primarily concerned with policy matters, citizens shall be urged to discuss operational issues with the College President prior to the meeting.

Complaints about individuals or College programs shall be presented to the Board in writing. The complaint shall be referred to the President for investigation and reported back to the Board of Trustees. The Board may recess to executive session to hear complaints if deemed advisable.

The Board Chairperson shall invite the public to address the Board. All citizens who wish to address the Board or who wish to communicate with the Board in writing shall identify themselves and/or the group they represent, if any. They must also state their reasons for addressing the Board.

Citizens addressing the Board shall be limited to five minutes in making their remarks unless the time is increased or decreased by consent of the Board. A brief supporting the remarks made by the citizen may be submitted to the Board for its consideration. The Board may limit the number of persons wishing to address the Board on the same subject to three (3).

Students, faculty and staff should follow the chain of command and exhaust all steps with the administration before being allowed to make a presentation to the Board. All presentations should be limited to policy matters.

The Board Chairperson may ask the College President to respond. After the President’s response there shall be no further discussion of the item at that meeting. If a response is not possible at the meeting, a written response shall be given to the individual(s) as soon as possible, and an appropriate report of the response will be made to the Board.

Approved: July 29, 1996
Revised: March 27, 2000
Reviewed: October 13, 2008
Approved: December 22, 2008

LEGAL REF: MCL 15.263(5) and MCL 15.268, as amended

TOP

1660 Voting Method

Roll Call Vote
The Board shall take action by way of motions. No motion may be acted upon until a member of the Board has duly seconded it. The vote on all motions shall be by ‘aye’ and ‘nay’ and shall be taken by voice vote or roll call vote. Any member for the roll call vote shall record the names of those voting ‘aye,’ ‘nay,’ or abstaining upon request.

Following each vote, the Chairperson shall announce that the motion carried or failed by a vote of # of affirmative votes to # of negative votes.

The minutes shall indicate whether a motion passes or failed. Each Board member may have the privilege of explaining, for the record, any vote, be it affirmative, negative, or abstaining at the discretion of the Chairperson.

Obligation to Vote
Each member present is obligated to vote upon all motions submitted for action unless there is a legal reason to abstain such as a conflict of interest. In the case of a tie vote, the motion shall be considered lost.

Approved: July 29, 1996
Revised: March 27, 2000
Reviewed: October 13, 2008
Approved: December 22, 2008

LEGAL REF: MCL 389.125(f), as amended

TOP

1670 Minutes

General: Minutes of Board meetings (open or closed) shall be prepared by the Secretary or designee in accordance with these bylaws and the Open Meetings Act.

  1. Board minutes shall be mailed or delivered to Board members at least three (3) working days prior to the next regular Board meeting.
  2. As an official act of the regular meeting, the Board of Trustees shall approve the Board’s minutes. The Board Secretary and Board Chairperson shall sign approved minutes.
  3. The attendance of Board members shall be recorded in the minutes.
  4. Minutes shall be provided to the public as prescribed in the Open Meetings Act and the Freedom of Information Act (FOIA).
  5. The official minutes shall be maintained and managed in accordance with Policy 1900 (Board Records).

Approved: July 29, 1996
Reviewed: March 27, 2000
Reviewed: October 13, 2008
Approved: December 22, 2008

LEGAL REF: MCL 15.269

TOP

1700 Professional Services

General: The Board recognizes the need for ongoing professional services, such as legal, architectural, audit, etc. The Board further recognizes the importance of the continuity of records and relationships with the providers of those services.

The President shall review the status of professional service agreements with the Board every three years (with the exception of the Board Attorney, which shall be reviewed every two years) and make recommendations regarding whether to seek competitive proposals or to continue with the existing providers. However, this provision shall not be construed as a commitment to employ professionals for any period. The Board retains full discretion to determine the duration of professional services arrangements.

Approved: July 29, 1996
Reviewed: March 27, 2000
Reviewed: November 18, 2008
Approved: December 22, 2008

LEGAL REF: MCL 389.103 and 125, as amended

TOP

1710 Board Attorney

General: The Board shall retain a qualified attorney or legal firm to handle the legal matters of the Board and the College and to receive compensation, as the Board may provide. The duties of the Board attorney or legal firm shall be prescribed by regulation. The Board Attorney shall be appointed during the Board’s biennial organizational meeting.

  1. The attorney or legal firm for the College shall have the following responsibilities:
    1. Upon request of the Board Chairperson or President, attend all Board meetings and act as counselor;
    2. Render a written opinion on a legal question when requested by the Board;
    3. Prepare or supervise the preparation of all legal papers and documents which shall be executed by the Board officers; and or shall approve all legal papers and documents;
    4. Provide such opinions or other legal information to the President which may be necessary for the immediate or long -range conduct of the College;
    5. Represent the College, as specifically designated by the Board, in litigation to which the College may be a party or in which it is interested;
    6. Shall, upon request, represent the Board in the purchase or sale of any real estate;
    7. Attend to and act on any matters the Board refers to him/her for supervision, adjustment, and/or disposal;
    8. Prepare all questions to be placed upon the ballot for regular or special elections;
    9. Periodically provide progress reports to the Board on legal matters; and
    10. Perform such other services as requested by the Board.
  2. The Board will determine compensation to be paid for legal services.
  3. The Chairperson or President is authorized to contact the attorney on legal matters concerning the College.
  4. The Board’s legal counsel shall not provide personal legal assistance to individual Board members, the President, or members of the staff unless specifically authorized to do so by the Board.
  5. In any dispute or potential divergence of interests between the Board and the President, the President shall not utilize the Board’s counsel to represent his interest.
  6. The Board of Trustees or the President may utilize other law firms as needed to address special needs, i.e. personnel, bonding, negotiations, etc.

Reviewed: November 18, 2008
Approved: December 22, 2008

LEGAL REF: MCL 389.103 and 125, as amended

TOP

1730 Institutional Memberships

General: The Board of Trustees recognizes the importance of the College purchasing institutional memberships in various local, regional, state, and national professional organizations, agencies, non-profits, etc. which support its programs, initiatives, relationships and proper administration of the College.

The following basic policy statements apply:

  1. The Board of Trustees and the President shall review and identify appropriate institutional memberships on an annual basis.
  2. Criteria for selection shall be based upon budget availability and alignment with the College mission and goals.
  3. The Foundation for Mott Community College may financially support institutional memberships.

Reviewed: November 18, 2008
Approved: December 22, 2008

LEGAL REF: MCL 389.103 and 125, as amended

TOP

1800 Policy Development

General: The Board, shall review its policies and shall delete, amend, and supplement existing policies, and/or adopt new policies, as necessary.

Attorney Involvement
The Board’s policies may be submitted to the Board’s attorney to determine the legality of policies before they are submitted to the Board for final approval.

Policy Adoption/Revision
The Board shall adopt new policies and delete or modify existing policies, as the need arises.

The Board’s policies may be amended at any regular, special or adjourned, Board meeting by a majority vote of the members elected and serving.

A recommendation by an individual or group of citizens or patrons to adopt or amend any policy may be submitted to the Board at any regular Board meeting.

Final action by the Board on any policy addition, amendment or revision shall take place at the next regular meeting of the Board unless an emergency is declared whereby final action may be taken immediately.

Policy Publication
Changes in the policies shall be published by the President or his/her designee in the manner provided by the Board.

Policy Review
The Board shall review and oversee its policies as necessary on a regularly scheduled basis.

The College shall keep a running historical set of Board policies, which shall reflect all revisions, amendments or other actions pertaining to every policy.

Administration in the Absence of Policy
When action must be taken for which no guidelines have been provided, the President shall have the power to act. Those actions shall be subject to review by the Board at its next regular meeting. The President shall notify the Board of the action and advise the Board of needed policy.

Approved: July 29, 1996
Revised: March 27, 2000
Reviewed: November 18, 2008
Approved: December 22, 2008

LEGAL REF: MCL 389.125(d)

TOP

1900 Board Records

General: The Board shall keep Board records as necessary for the understanding of their actions. In addition to those required by law, the President is responsible for designing and keeping of any other records necessary for the efficient operation of the College.

The Board delegates to the President the authority to establish and maintain a system of records in accordance with the Michigan Freedom of Information Act.

The Board recognizes the need for its records to be stored as a blend of printed, bound and electronically recorded material. The securing, cataloging and storing of all records shall be the responsibility of the President.

The President shall establish procedures ensuring security, safety and confidentiality of all electronically stored records.

Approved: July 29, 1996
Reviewed: March 27, 2000
Reviewed: November 18, 2008
Approved: December 22, 2008

LEGAL REF: MCL 15.231 et seq. MCL 15.261, as amended, and LEGAL REF: MCL 389.103 and 125, as amended

TOP

1910 Public Access to Records

General: The Board of Trustees of Mott Community College shall make available for inspection or shall copy public records requested either orally in writing by an individual or group of individuals in accordance with Public Act 442 of 1976, except those records described in Section 13 as being exempt. The Board establishes this policy to respond to requests from the general public to inspect or obtain copies of district records.

The following basic policy statements apply:

  1. An area shall be provided to inspect records of Mott Community College and/or receive copies of the records upon oral or written request from any person or group of persons. Every effort shall be made to provide public access to appropriate records in a manner conducive to good public relations.
  2. Records specifically described in Section 13 of P.A. 442 shall be exempt from disclosure. Those records include but are not limited to:
    1. Information of a personal nature where the public disclosure of the information would constitute a clearly unwarranted invasion of an individual’s privacy.
    2. Records or information specifically described and exempted from disclosure by statute.
    3. A bid or proposal by a person to enter into a contract or agreement, until the time for the public opening of bids or proposals, or if a public opening is not to be conducted, until the time for the receipt of bids or proposals has expired.
    4. Appraisals of real property to be acquired by the public body until an agreement is entered into, or three years have elapsed since the making of the appraisal, unless litigation relative to the acquisition has not yet terminated.
    5. Test questions and answers, scoring keys and other examination instrument or data used to administer a license, public employment or academic examination, unless the public interest in disclosure under this act outweighs the public interest in non-disclosure.
    6. Medical, counseling or psychological facts or evaluations concerning an individual if the individual’s identity would be revealed by a disclosure of those facts or evaluation.

Approved: March 27, 2000
Reviewed: November 18, 2008
Approved: December 22, 2008

LEGAL REF: MCL 15.231 et seq., as amended