HOUSE BILL No. 4654


     April 22, 1997, Introduced by Reps. LeTarte, DeVuyst, Middleton, Rhead, McNutt, Oxender, Middaugh, Mathieu, Agee, McBryde, London, Baade, Gire, Brackenridge, Price and Griffin and referred to the Committee on Colleges and Universities.


        A bill to amend 1966 PA 331, entitled

   "Community college act of 1966,"

   by amending sections 103, 111, 121, and 124 (MCL 389.103,

   389.111, 389.121, and 389.124).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 103.  (1)  The  A community college district  shall be 

 2    IS a body corporate and may sue and be sued, and may take, con-

 3    demn, use, hold, sell, lease, and convey real property without

 4    restriction as to location and personal property including prop-

 5    erty received by gift, devise, or bequest, as the interest of the

 6    community college district may require.  Every  A community col-

 7    lege district  shall be  IS presumed to have been legally orga-

 8    nized  when  IF it has exercised the franchises and privileges of

 9    a COMMUNITY COLLEGE district for a period of AT LEAST 2 years;

10    and  the  SUCH A COMMUNITY COLLEGE district and its trustees


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 1     shall be  ARE entitled to all rights, privileges, and

 2    immunities, and  be  ARE subject to all duties and liabilities

 3    conferred upon community college districts by law.

 4         (2) IN ADDITION TO THE POWERS EXPRESSLY STATED IN THIS ACT,

 5    A COMMUNITY COLLEGE DISTRICT AND ITS BOARD OF TRUSTEES MAY EXER-

 6    CISE A POWER IMPLIED BY OR INCIDENT TO ANY OF ITS POWERS

 7    EXPRESSLY STATED IN THIS ACT AND, EXCEPT AS OTHERWISE PROVIDED BY

 8    LAW, MAY EXERCISE A POWER INCIDENTAL OR APPROPRIATE TO THE PER-

 9    FORMANCE OF ANY FUNCTION RELATED TO OPERATION OF THE COMMUNITY

10    COLLEGE DISTRICT IN THE INTERESTS OF EDUCATIONAL AND OTHER PRO-

11    GRAMS AND SERVICES OFFERED BY THE COMMUNITY COLLEGE DISTRICT.

12         Sec. 111.  (1) The first meeting of the board of trustees

13    following the organizational election of a community college dis-

14    trict shall be called by the secretary of the intermediate board

15    of education of the county having the highest valuation within

16    the community college district.  The meeting shall be held within

17    15 days following the statutory date upon which the newly elected

18    members take office, at a time and place  as  DESIGNATED BY the

19    secretary.  shall designate.  Public notice of the time, date,

20    and place of the meeting shall be given in the manner required by

21     Act No. 267 of the Public Acts of 1976, being sections 15.261 to

22     15.275 of the Michigan Compiled Laws  THE OPEN MEETINGS ACT, 1976

23    PA 267, MCL 15.261 TO 15.275.

24         (2) The organizational board meeting of a community college

25    district operating under chapter 1 shall be held  on the first

26     Monday  AT THE FIRST MEETING OF THE BOARD OF TRUSTEES in January

27    following the date of the regular community college election.



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 1    The organizational board meeting of a community college district

 2    operating under chapters 2 or 3 shall be held  on the first

 3     Monday  AT THE FIRST BOARD OF TRUSTEES MEETING in July following

 4    the date of the regular community college district election.  If

 5     the date of an organizational meeting falls on a legal holiday,

 6     then the meeting shall be held on the next succeeding Monday. 

 7         (3) At the first meeting of a first or succeeding board of

 8    trustees, the board shall elect a chairperson AND A VICE

 9    CHAIRPERSON, who shall be  a member  MEMBERS of the board of

10    trustees, and a secretary and a treasurer, who need not be mem-

11    bers OF THE BOARD OF TRUSTEES.  The officers shall be elected for

12    a term of 2 years, subject to change of officers by resolution of

13    the board.

14         (4) The business which the board may perform shall be con-

15    ducted in compliance with  Act No. 267 of the Public Acts of

16     1976  THE OPEN MEETINGS ACT, 1976 PA 267, MCL 15.261 TO 15.275.

17         Sec. 121.  The board of trustees of the community college

18    district  shall have  HAS the power to make plans for, to pro-

19    mote, or TO acquire, construct, own, develop, maintain, and oper-

20    ate a community college and an area vocational-technical educa-

21    tion program.  The board of trustees may DO ALL OF THE

22    FOLLOWING:

23         (a) Locate, acquire, purchase, or lease in the name of the

24    COMMUNITY COLLEGE district  such  A site or sites within or with-

25    out the TERRITORY OF THE COMMUNITY COLLEGE district for college

26    buildings, libraries, agricultural farms, athletic fields,

27    playgrounds, stadiums, gymnasiums, auditoriums, parking areas,



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 1    residence halls, and supporting facilities as may be necessary;

 2    purchase, lease,  for a term not to exceed 5 years,  acquire,

 3    erect or build and equip  such  buildings, structures, and other

 4    improvements for college or area vocational-technical education

 5    buildings, libraries, agricultural farms, athletic fields, play-

 6    grounds, stadiums, gymnasiums, auditoriums, parking areas, resi-

 7    dence halls, and supporting facilities as may be necessary; ENTER

 8    INTO INSTALLMENT PURCHASE CONTRACTS FOR REAL OR PERSONAL

 9    PROPERTY; pay for  the same  REAL OR PERSONAL PROPERTY out of the

10    funds of the COMMUNITY COLLEGE district provided for that pur-

11    pose; sell or exchange any real or personal property of the

12    COMMUNITY COLLEGE district  which  THAT is no longer required

13     thereby  for school purposes, and give proper deeds, bills of

14    sale, or other instruments passing title to the  same  REAL OR

15    PERSONAL PROPERTY.

16         (b) Establish and carry on schools and departments or

17    courses of study and other educational programs as may be consis-

18    tent with the purposes of this act, and take over and succeed to

19    the operation of  such  A community college or

20    vocational-technical department or departments  as may  previ-

21    ously  have been  operated by school districts within the commu-

22    nity college district.

23         (c) Establish, equip, and maintain agricultural, trade, and

24    other vocational-technical departments and  to  have general con-

25    trol  thereover  OVER THEM for community college or area

26    vocational-technical program purposes.





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 1         Sec. 124.  The board of trustees may DO ALL OF THE

 2    FOLLOWING:

 3         (a) Contract with, appoint, and employ a suitable person  ,

 4     not a member of the board, as administrator or director  AS CHIEF

 5    EXECUTIVE OFFICER of the community college.  , who  THE PERSON

 6    EMPLOYED AS CHIEF EXECUTIVE OFFICER SHALL NOT BE A MEMBER OF THE

 7    BOARD OF TRUSTEES AND shall possess at least an earned bachelor's

 8    degree  from a college acceptable to the state board of education

 9     and be the possessor of or be eligible for a teacher's certifi-

10     cate or have educational qualifications equivalent thereto in

11     accordance with standards determined by the state board of educa-

12     tion or have an earned doctor's degree  from an accredited col-

13    lege or university.  , and who  THE CHIEF EXECUTIVE OFFICER shall

14    hold  his  office for a term fixed by the board OF TRUSTEES, not

15    to exceed 5 years,  who  shall perform  such  duties as the board

16    OF TRUSTEES may determine, and  who  shall make reports in writ-

17    ing to the board of trustees and to the department of education

18    annually, or  oftener  MORE OFTEN if required, in regard to all

19    matters pertaining to the educational interests of the community

20    college district.  ; appoint in its discretion, 

21         (B) DELEGATE TO THE CHIEF EXECUTIVE OFFICER OF THE COMMUNITY

22    COLLEGE THE BOARD'S AUTHORITY TO DO ANY OF THE FOLLOWING:

23         (i) SELECT AND EMPLOY PERSONNEL OF THE COMMUNITY COLLEGE.

24         (ii) PAY CLAIMS AND DEMANDS AGAINST THE COMMUNITY COLLEGE.

25         (iii) PURCHASE, LEASE, OR OTHERWISE ACQUIRE PERSONAL PROP-

26    ERTY FOR THE COMMUNITY COLLEGE.





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 1         (iv) INVEST COMMUNITY COLLEGE FUNDS.

 2         (v) SUBJECT TO TERMS AND CONDITIONS ESTABLISHED BY THE BOARD

 3    OF DIRECTORS, ACCEPT CONTRIBUTIONS, CAPITAL GRANTS, GIFTS, DONA-

 4    TIONS, SERVICES, OR OTHER FINANCIAL ASSISTANCE FROM ANY PUBLIC OR

 5    PRIVATE ENTITY.

 6         (C) APPOINT AND EMPLOY a business manager responsible to the

 7     administrator or director  CHIEF EXECUTIVE OFFICER of the commu-

 8    nity college for the community college district and fix his OR

 9    HER term of office.

10         (D)  (b)  Select and employ  such  OTHER administrative

11    officers, teachers, and OTHER employees and engage  such  serv-

12    ices as  shall be  necessary to effectuate its purposes.
































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