GOVERNANCE AND ORGANIZATION

Board of Trustees

Authority of Members
No board member, as an individual, has any authority in matters dealing with the college. All members of the board should use discretion in voicing personal convictions concerning issues affecting the college. A decision once made by the majority present at any duly called meeting of the Board of Trustees shall be respected by all members of the board.

Authorization
 The powers of the Board of Trustees are generally set forth in K.S.A. 71-201.

Characteristics
The Board of Trustees will continue to:

1. Be informed and knowledgeable regarding the college and its operation;
2. Lend support, wisdom, and perspective to the administration of the institution;
3. Maintain positive public relations with the people it serves;
4. Be instrumental in the long-range planning efforts of the

Conflict of Interest
Ethically, board members are expected to address collectively their duties and responsibilities in the best interest of Colby Community College and the Board of Trustees. They should not act as an agent of their own, personal interests or those of another individual or organization. A conflict of interest is present when actions or decisions may provide to the individual board member, or another person, group or organization, benefit or gain - monetary or otherwise. When an issue arises which is, or could be perceived as, a conflict of interest, a board member should disclose the circumstances and abstain from discussion, deliberation or decision in the matter. An individual who declares a conflict of interest may leave the meeting until the matter is concluded. The minutes shall reflect that a particular board member has declared a conflict of interest and left.

Duties
Within those powers specifically authorized by statute, the duties of the Board of Trustees shall include the following:

1. Select and appoint the executive head or President of the college and fix his/her term of office and compensation;
2. Determine the broad general policies which will govern the operation of the college, and review them periodically;
3. Consider and take appropriate action concerning recommendations of the President in all matters of policy relating to the welfare of the school, including rates of employees’ compensation, site utilization and physical plant development, matters of capital outlay, and curricular offerings;
4. After receiving administrative recommendations, assume responsibility for making decisions concerning appointment, retention, or dismissal of faculty and other staff members;
5. Approve the annual budget;
6. Approve and authorize an accurate record to be kept of the expenditure of all funds;
7. Provide ways and means of adequate financial support;
8. Function as the legislative and policy-making body charged with the oversight and control of the college, leaving the executive function to the President;
9. Establish citizen advisory committees for the purpose of strategic planning;
10. Exercise the power to purchase, lease, condemn, or in any other legal manner acquire real and personal property deemed necessary for the operation of the college;
11. Serve as a court of final appeal for students and employees on matters of policy formulated at the board level;
12. Gifts made to Colby Community College or any department thereof may be transferred to the Colby Community College Endowment Foundation including cash, pledges, securities, trusts, insurance policies, real estate and other gifts in kind. The Vice President of Business Affairs will prepare a listing of gifts to the college for the board to review and act upon at a regular board meeting. In cases where the Vice President of Business Affairs is unsure of the intent of the donor, the donor will be contacted for permission to make such a transfer to the Endowment Foundation. After the Board of Trustees has approved contributions, they may be transferred to the Endowment Foundation. This applies only to gifts made directly to the college as opposed to the Colby Community College Endowment Foundation.

Election
(K.S.A. 71-1403, et. seq.)
The governing board of the college shall be a Board of Trustees composed of six (6) members who shall be elected at large from a territory of the community college district. Members shall serve for a term of four (4) years. Individuals seeking election must be a resident in Thomas County.

(K.S.A. 71-1413)

Elections will be held in November in each odd-numbered year. Newly elected trustees take office the following January after the November election. No member of the Board of Trustees shall be a current employee at Colby Community College. If the need for a primary election exists, the election shall be held on the first Tuesday of August of each odd-numbered year in accordance with K.S.A. 25-205, and amendments thereto.

 (K.S.A. 71-1414)

Prospective or current Board Members must file a declaration of intent by June 1 of each odd-numbered year as K.S.A. 2020 Supp. 22-21a03, and amendments thereto, and K.S.A. 25-205, and amendments thereto. Individuals may file for a trustee position by appearing in person at the Thomas County Clerk’s office by June 1, at noon, of each odd-numbered year and pay the required filing fee.

Handling of Complaints
When approached by any student, staff member, or citizen who wishes to criticize or voice a complaint concerning any part of the operation of the college, the Trustees must refer the person to the President or other administrative officer of the college. The complaint can then either be corrected at the administrative level or properly placed upon the agenda for consideration by the Board of Trustees at their next meeting. Attempts to answer or handle the complaint as an individual trustee often lead to misunderstandings and tend to destroy board unity. Staff members who discuss problems and complaints with individual trustees are guilty of unethical practice.

Legal Counsel
The President of the College is authorized by the Board of Trustees to hire legal counsel for any purposes essential for the efficient operation of the college, within the limitations of the annual budget appropriation for such services. The President shall, however, keep the Board informed about the nature of all legal services contracted and/or used.

Oath or Affirmation of Officer or Employee
(K.S.A. 75-4308; 75-4309; 75-4312; and 75-4314)
Each member of the Board of Trustees is required by law to sign an oath or affirmation that he/she will support the Constitution of the United States and the Constitution of the State of Kansas. The signed oath or affirmation is kept on file at the office of the Thomas County Clerk.

Officers
(K.S.A. 71-201)
The Board shall elect a Chairperson, Vice Chairperson, Secretary and Treasurer at the July meeting each year. Those officers so selected will assume the duties of their offices until their successors are named. The Chairperson, Vice Chairperson, and Treasurer will be elected from the membership of the Board. The Secretary may be the chief administrative officer of the community college. The Board, in its discretion, may remove and re-elect officers at any time. [Revised May, 2008]

Chairperson’s Duties

1. 1. Preside at all meetings of the Board of Trustees;
   2. Call special meetings as required;
   3. Become informed and practice the proper conduct of meetings;
   4. Perform such other duties as may be prescribed by law or by action of the Board of Trustees.

Vice Chairperson’s Duties

1. 1. Preside at all meetings of the Board of Trustees in the absence of the Chairperson;
   2. Become informed and practice the proper conduct of meetings;
   3. Perform such other duties as may be prescribed by law or by action of the

Secretary’s Duties

1. 1. Notify all members of the Board of all regular, special, and adjourned meetings;
   2. Attend all board meetings unless excused by the Chairperson;
   3. Record the minutes of each meeting of the Board of Trustees and transmit a copy of such minutes to each member of the Board before ensuing meetings;
   4. Maintain custody of all records, proceedings, and documents of the Board;
   5. Keep such records, minutes of board meetings, and accounts open to public inspection;
   6. Perform such other duties as may be prescribed by law or by action of the Board of Trustees.

Treasurer’s Duties

                          Receive, hold in custody, and expend all funds as directed by the Board of Trustees.

Remuneration
No member of the Board of Trustees, may receive any compensation for any services rendered the community college.

Vacancies
(K.S.A. 71-201 (15)
The Board of Trustees will appoint a member to fill any vacancy on the Board for the balance of the unexpired term.

[Updated: May 2020; June 2021]